Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad

Legislation, Justice and Constitution Committee

14/06/2021

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

David Rees Cadeirydd y Pwyllgor
Committee Chair
Jack Sargeant
Mark Isherwood
Rhys ab Owen

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
P Gareth Williams Clerc
Clerk

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.

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. Where contributors have supplied corrections to their evidence, these are noted in the transcript.

Cyfarfu'r pwyllgor drwy gynhadledd fideo.

Dechreuodd y cyfarfod am 10:29. 

The committee met by video-conference.

The meeting began at 10:29. 

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

Good morning. Can I welcome Members and the public to this second virtual meeting of the Interim Subordinate Legislation Committee? And in accordance with Standing Order 34.19, I have determined that the public are excluded from the meeting in order to protect public health. And in accordance with Standing Order 34.21, notice of this decision was included in the published agenda for this meeting. However, the public meeting is being broadcast live on Senedd.tv and the Record of Proceedings will be published as usual. So, members of the public are able to monitor and watch the meeting and proceedings. Aside from the procedural adaptation of conducting proceedings remotely, all other Standing Order requirements remain in place. No apologies have been received for today's meeting, and I'm pleased all Members are here. 

Just a couple of housekeeping arrangements: can you please remind yourselves that—I'm doing it myself—you make sure your mobiles are on silent or switched off? The Senedd operates through the medium of both English and Welsh, and interpretation is available as normal, for simultaneous translation. That is working this morning. And the sound operator is controlling the microphones; you haven't got to touch anything. So, if you do need to speak, you will be unmuted. Otherwise, you will be muted and that's the way we'll remain during the public meeting.

10:30
2. Offerynnau sy'n cynnwys materion i gyflwyno adroddiad arnynt i’r Senedd o dan Reol Sefydlog 21.2 neu 21.3
2. Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3

We move on to item 2 on the agenda, and these are instruments that raise issues to be reported to the Senedd under Standing Order 21.2 and 21.3. And let's look at the first one, 2.1 on the agenda: the Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Miscellaneous Amendments) (No.2) Regulations 2021. These instruments amend the exemptions from the prohibition on entry to Wales from countries on the red list. Now, under this instrument, the exemption for seafarers and inspectors and surveyors of ships arriving in Wales from red list countries is amended to exclude such persons arriving in Wales to work on cruise ships. Senedd lawyers have identified four merits points for reporting, and the Welsh Government response has not yet been received on this one. So, if I can ask Gareth, first of all, to perhaps give us his details on this one. Gareth.   

Nothing further to add to what is in the draft report, Chair. 

Can I ask one question on this? It says—I've got my briefing—'to work on cruise ships', or is that 'who have worked on cruise ships'? So, is it people who only come into Wales who are going to join a cruise ship, or is it people coming to Wales who have been on a cruise ship? 

I think it's to physically work on the cruise ships, yes.  

All right, thank you. Are there any Members who wish to ask any other issues? No-one is putting their hand forward for—.   

—as the briefing document states, all we need is an explanation of why the particular change is needed and this group of people need to be excluded from the exemption. 

I think there's the opportunity of when they get debated in the Chamber for you to ask that question, because that's a policy decision in that sense, and I think it's very valid to ask those questions. So, given that, are Members happy to confirm the reporting points put forward for that debate when they arise? They are. Thank you.

Moving on to the next one, agenda item 2.2, and these are the Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 8) Regulations 2021. And this instrument amends the international travel regulations by removing Portugal from the green list of countries and territories and adding it to the amber list, also adding Afghanistan, Sudan, Sri Lanka, Bahrain, Trinidad and Tobago, Costa Rica and Egypt to the red list of countries and territories. And, again, Senedd lawyers have identified three merits points for reporting. So, Gareth, any further comments you wish to add to that?  

Any Members wish to make any points or speak? Are you therefore happy to confirm that we agree those reporting points? Thank you.

Let's move on to the next point, 2.3 on the agenda: the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment)—it's in brackets—(No. 11) Regulations 2021. Now, this instrument amends the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020—the principal regulations dealing with COVID—to move the whole of Wales to alert level 1. Now, this means that restrictions and requirements in Schedule 1 to the principal regulations as amended by this instrument applied in Wales from 6 a.m. on 7 June 2021. So, that's last Monday.

Schedule 1 sets out the restrictions and requirements relating to, for example, gatherings in people's homes and outdoors, attending weddings, funerals and places of worship, and organising events. Senedd lawyers have identified three merits points for reporting, and we did receive a Welsh Government response last Friday afternoon, and that has been sent to Members as a supplementary pack in your papers. So, I'm going to ask Gareth to comment first and then I'll ask Members if they wish to make any comments. Gareth.

10:35

Diolch. On the third merits point, the Welsh Government is asked to explain what arrangements it is making to publish equality impact assessments for these regulations, because the Welsh Government has statutory duties in this area. And the Welsh Government website says that equality is central to the work of the Welsh Government, but there was no reference to equality in the explanatory memorandum. And the Welsh Government response was received on Friday, to say that various impact assessments for these regulations will be published on 24 June.

Okay, thank you. Any comments from any Members or observations? Of course, those—. Mark.

I was only going to comment, particularly as, in the last Senedd, chair of the cross-party groups on disability and autism, that we had many items referred to us by people with protected characteristics whose needs had not been factored in until, frankly, these points were raised through the cross-party groups with the Minister, and they were only amended retrospectively. I think it is important that this is hard-wired into the system upfront rather than something that lags along weeks later and might then need further adjustment, amendment or guidance.

Okay. Would anyone else like to comment? Then, before I ask you to confirm the agreement of the reporting points, I just want to highlight the fact that this instrument, along with the next one, are going to be debated tomorrow in Plenary, and we've just been told, of course, that the assessments with the Welsh Government will be done by next week. So, they won't be available by tomorrow, so Members may wish to point that out, if they wish to speak tomorrow. Okay? Right, other than that, are Members content to confirm the reporting points? Okay.

We'll move on, then, to 2.4, and these are the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021. And this further amends the principal regulations so that the prohibition on organising events in paragraph 4 of Schedule 1 to the principal regulations does not apply in relation to specified events. The instrument was made and came into force last Tuesday, 8 June, and, again, Senedd lawyers have identified two merits points of reporting, so, Gareth, over to you.

Only a general note to say that these regulations were made to clarify something in the main regulations: it is clear now that it is not an offence to organise specified events, such as an outdoor event of up to 30 people.

Thank you. Any other comments or observations from Members? None. So, again, just to remind you, this is, again, being debated tomorrow afternoon in Plenary. So, are Members happy to confirm the reporting points? I see they are, so thank you very much for that. And they are the four SIs we've had to deal with today.

Just finally, before closing the meeting, on those issues, at this moment we're not scheduled to meet next Monday, but we'll keep you posted, depending on whether regulations come forward or not from the Welsh Government in the meantime. Okay? And with that, I can therefore now officially close the meeting.

Daeth y cyfarfod i ben am 10:39.

The meeting ended at 10:39.