Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad

Legislation, Justice and Constitution Committee

06/05/2025

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Adam Price
Mike Hedges Cadeirydd y Pwyllgor
Committee Chair
Samuel Kurtz

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Gerallt Roberts Ail Glerc
Second Clerk
Kate Rabaiotti Cynghorydd Cyfreithiol
Legal Adviser
P Gareth Williams Clerc
Clerk
Sarah Sargent Ail Glerc
Second Clerk

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Mae hon yn fersiwn ddrafft o’r cofnod. 

The proceedings are reported in the language in which they were spoken in the committee. In addition, a transcription of the simultaneous interpretation is included. This is a draft version of the record. 

Cyfarfu’r pwyllgor yn y Senedd a thrwy gynhadledd fideo.

Dechreuodd y cyfarfod am 09:23.

The committee met in the Senedd and by video-conference.

The meeting began at 09:23.

1. Cyflwyniad, ymddiheuriadau, dirprwyon a datgan buddiannau
1. Introduction, apologies, substitutions and declarations of interest

Bore da a chroeso i’r cyfarfod hwn o’r Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad.

Good morning and welcome to this meeting of the Legislation, Justice and Constitution Committee.   

I would like to take this opportunity to welcome Samuel Kurtz to the committee—or, to return to the committee; croeso, Sam—and to thank Laura Anne Jones for her contribution. Alun Davies has sent apologies. As a reminder, the meeting is being broadcast live on Senedd.tv and the Record of Proceedings will be published as usual. Please can Members ensure that all mobile devices are switched to silent mode. Senedd Cymru operates through the medium of both the Welsh and English languages. Interpretation is available during today’s meeting. 

2. Offerynnau sy’n codi materion i gyflwyno adroddiad arnynt i’r Senedd o dan Reol Sefydlog 21.7
2. Instruments that raise issues to be reported to the Senedd under Standing Order 21.7

That takes us on to item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.7—the Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025. Parts 2 and 3 of this Order bring various provisions of the Tertiary Education and Research (Wales) Act 2022 into force on specified dates. Part 4 of the Order makes transitory—I can't get 'transitory' pronounced correctly—and transitional provision relating to the Higher Education (Wales) Act 2015. Senedd lawyers have identified one reporting point. A Welsh Government response is not required. Over to you, Kate.

Thank you. The reporting point is just to note that, although the Order isn't subject to any Senedd scrutiny procedure, it makes extensive transitory and transitional provisions, including in relation to primary legislation.

3. Offerynnau sy’n codi materion i gyflwyno adroddiad arnynt i’r Senedd o dan Reol Sefydlog 21.2 neu 21.3—trafodwyd eisoes
3. Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3, previously considered—the Building etc. (Amendment) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 28 April and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. Kate, do you have anything to raise from the Welsh Government response?

09:25

Yes. In response to both of the technical reporting points, the Welsh Government says that no legal consequences have been identified. And while the Welsh Government may be correct that the legal effect of the provisions can be worked out, Members may just wish to note that this response does not address the potential impact of the issues on accessibility of the law.

4. Cytundeb cysylltiadau rhyngsefydliadol
4. Inter-institutional relations agreement

Item 4 is notifications and correspondence under the inter-institutional relations agreement—correspondence from the Welsh Government on meetings of inter-ministerial groups. The Cabinet Secretary for Economy, Energy and Planning informs us that the meeting of the Interministerial Group for Tourism that was due to take place on 7 May has been postponed. The Cabinet Secretary commits to updating us when a new date has been agreed. The Cabinet Secretary also informs us that a meeting of the Interministerial Group for Business and Industry will take place on 6 May. Can we note those letters? Yes.

Item 4.2 is correspondence from the First Minister of Wales on the Celtic heritage agreement annual report. The First Minister informs us that the 2023-24 annual report on the Celtic heritage Cornwall-Wales collaboration agreement has been published. Are Members content to note? Yes.

In the correspondence and written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025, the Deputy First Minister informs us that he has given his consent to the Minister of State to lay these regulations in relation to Wales. The Deputy First Minister states that consent has been given in order to avoid a gap between easements ending and new policies coming into effect. The Deputy First Minister states that this will ensure that certain EU sanitary and phytosanitary goods are not subject to default official controls from 1 July 2025. Are Members content to note this? Yes.

Item 4.4 is a written statement and correspondence by the Cabinet Secretary for Finance and Welsh Language on the Public Procurement (Revocation) Regulations 2025. The Cabinet Secretary informs us that he has given his consent to the Parliamentary Secretary at the Cabinet Office to lay these regulations in relation to Wales. He states that the regulations relate to five pieces of legislation specified within the Schedule, which are being revoked either in their entirety or to the extent specified because they no longer produce any legal effect in England and Wales, and Northern Ireland. The Cabinet Secretary states that he has given his consent for reasons of

'efficiency and cross-government coordination, and consistency'.

Are Members content to note this? Yes.

Item 4.5 is correspondence with the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Persistent Organic Pollutants (Amendment) Regulations 2024. The Deputy First Minister responds to a request from the committee for further clarification regarding the timing of his communication about his intention to consent to these regulations, and the UK Government’s delay in making them. The Deputy First Minister also informs us that Baroness Hayman of Ullock has sought the Welsh Ministers’ consent for a further instrument in this area—the Persistent Organic Pollutants (Amendment) (No. 3) Regulations 2025—to be laid in relation to Wales. The Deputy First Minister confirms that he is currently receiving advice on this matter, and he will update the committee further if he provides his provisional consent to the making of these regulations in relation to Wales. Are Members content to note this? Yes.

5. Papurau i’w nodi
5. Papers to note

Papers to note—correspondence from the Counsel General and Minister for Delivery on the statutory instruments considered by the Legislation, Justice and Constitution Committee. The Counsel General outlines the Welsh Government’s commitments to correct errors in Welsh statutory instruments that have been identified by the committee in its reports to the Senedd. Members may wish to return to this during the private session when we consider item 14.

Item 5.2 is correspondence from the Welsh Government on the Welsh Government’s legislative consent memorandum on the Employment Rights Bill. Members are invited to note the Welsh Government’s response to the committee’s report on the Welsh Government’s legislative consent memorandum on the Employment Rights Bill. In our papers, we also have a letter from the Minister for Culture, Skills and Social Partnership to the Economy, Trade and Rural Affairs Committee in relation to concerns the committee raised about the Senedd Commission being within scope of clause 26, which is now clause 31, in the version of the Bill brought from the Commons to the Lords of the Employment Rights Bill. Are Members content to note this? Yes.

6. Cynnig o dan Reol Sefydlog 17.42 i benderfynu gwahardd y cyhoedd o weddill y cyfarfod
6. Motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting

Cynnig:

bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y cyfarfod yn unol â Rheol Sefydlog 17.42(vi).

Motion:

that the committee resolves to exclude the public from the remainder of the meeting in accordance with Standing Order 17.42(vi).

Cynigiwyd y cynnig.

Motion moved.

We'll move on to our next item. Under item 6, in accordance with Standing Order 17.42(vi), I invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? Yes.

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 09:29.

Motion agreed.

The public part of the meeting ended at 09:29.