Cynulliad Cenedlaethol Cymru

Apologies have been received from Alun Davies and Adam Price. We have Rhianon Passmore expected to substitute for Alun, and Cefin Campbell is here, present, substituting for Adam Price. 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. 

That takes us on to Item 2, instruments that raise no reporting issues under Standing Order 21.2. The Health and Social Care (Wales) Act 2025 (Consequential Amendments) (Wales) Regulations 2026. These regulations amend the Care Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 as a consequence of amendments made by the Health and Social Care (Wales) Act 2025. The amendments relate to direct payments made towards the cost of meeting a person’s needs for care and support or towards the cost of meeting a person’s need for aftercare under section 117 of the Mental Health Act 1983. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? I see they have none. Are we happy to agree the report? I see that we are.

The National Health Service (Direct Payments) (Wales) Regulations 2026. These regulations replace previously withdrawn regulations of the same name, which the committee considered on 2 February. They make provision for the making of direct payments for healthcare by Welsh Ministers for the purposes of the provision of certain health services under the National Health Service (Wales) Act 2006. It makes corrections as agreed to in the Government response to this committee’s report on the withdrawn regulations. Senedd lawyers have identified no reporting points. Do Members have any comments? I see they have none. Are we happy to agree this? I see that we are.

Instruments subject to the Senedd annulment procedure. The Local Authorities (Capital Finance and Accounting) (Wales) (Amendment) Regulations 2026. These regulations amend the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003 by extending the application of regulations 24K and 24L within the 2003 regulations to 31 March 2029. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? I see they have none. Are we happy to agree the report? I see that we are.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The first one is the Education Workforce Council (Further Education Teacher Qualifications, Periods of Absence from Work and Miscellaneous Amendments) (Wales) Regulations 2026. These regulations make provision in relation to qualifications a further education teacher may hold, and provide that, when calculating how long a person has been working towards qualifications, a period of neonatal care leave and absence due to sickness or injury may be disregarded. Senedd lawyers have identified one technical reporting point. A Welsh Government response has not yet been received. Jen, from our legal team, would you like to run through the reporting point?

Thank you, Chair. The point seeks confirmation from the Welsh Government as to whether it is content that the awarding bodies that are named in the update to the list of qualifications under the regulations are described or named in accordance with good legislative practice and sufficiently clearly to ensure that they can be correctly identified by users of the legislation.

Thank you. Are we happy to agree that reporting point? I can see that we are.

The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026 draft report. These regulations specify qualifying courses and qualifying persons for the purposes of section 32 of the Tertiary Education and Research (Wales) Act 2022. A qualifying person undertaking a qualifying course of higher education may not be charged fees that exceed the maximum permitted by the Higher Education (Fee Limits) (Wales) Regulations 2026, which we considered at our meeting on 9 February. Members may recall that our report on those regulations questioned why this pair of regulations weren't made together. Senedd lawyers have identified seven technical reporting points. A Welsh Government response has not yet been received. Jen, would you like to take us through the reporting points?

Thank you, Chair. Three of the points request further information regarding what is considered a part-time course, about incomplete cross-references and about the application of provisions for persons resident in Gibraltar. Three points note inconsistencies between the Welsh and English texts, and the final point raises doubt as to whether a provision of the regulations is intra vires on the basis that it appears to provide for the Welsh Ministers to determine an element of one of the exceptions relating to who is a qualifying person, but the Act provides for the point to be determined by regulations, not determination. So, the Welsh Government is asked to clarify how the determination process provided for will operate.

Thanks, Jen. Do Members have anything they wish to raise? I see they have none. Are we happy to agree the reporting points? I see that we are.

The Charges for Residues Surveillance (Amendment) (Wales) Regulations 2026 . These regulations amend the Charges for Residues Surveillance Regulations 2006 to update the charges that are payable to the veterinary medicine directorate in relation to the surveillance for residues of veterinary medicines and certain other substances in food animals and animal products as part of the national residues control programme. Senedd lawyers have identified one merits reporting point. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting point? 

Thank you. The point just seeks clarity as to whether the regulations come into force on the same day as the equivalent UK and Scottish instruments as explanatory memoranda for previous similar regulations have noted the importance of alignment to avoid disruption to industry, but the memorandum for these regulations is silent on this point.

Thank you, Jen. Are we happy to agree the reporting point? I see we are.

The Independent Review of Determinations (Adoption and Fostering) (Wales) (Amendment) Regulations 2026 draft report. These regulations amend the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2026, which modernised and clarified the legal framework governing the independent review mechanism in Wales. Senedd lawyers have identified one merits reporting point. A Welsh Government response is not required. Jen, would you like to run through the reporting point?  

Thank you, Chair. The point just notes that the amendments that are made by these regulations to correct cross-references are in response to this committee's report. 

Thanks, Jen. Do Members have anything they wish to raise? I see they have none. Are we happy to agree the reporting point? I see we are.

Under instruments subject to the Senedd approval procedure, item 3.5, the Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026. These regulations make provision in relation to allowing voters to apply online for postal or proxy voting for Senedd elections and local government elections in Wales from 3 November 2026. These regulations set out the arrangements and detail relating to the delivery of extending the online absent voting application system to Welsh elections. This includes the system’s operation, processes undertaken by registration officers for voter identification, and the transitional arrangements for its implementation. These regulations also make a number of miscellaneous minor and technical amendments to the Senedd Cymru (Representation of the People) Order 2025. Senedd lawyers have identified 10 technical and one merits reporting point. A Welsh Government response has been received and is in our supplementary pack. Jen, would you like to run us through the reporting points and the Welsh Government response?

Thank you, Chair. Three of the points relate to defective drafting regarding a failure to list definitions correctly in the Welsh text, confusion between the use of 'paragraph' and 'sub-paragraph' and an incomplete cross-reference. Five points request further information regarding the use of translated terms in the Welsh text, wording used when describing other provisions, failure to use defined terms,

failure to use defined terms, consistent use of defined terms, and the meaning of terms within a definition. The remaining two technical points identify inconsistencies between the Welsh and English texts, and the merits point seeks an explanation for the increase in the amount of donations that can now be disregarded for reporting purposes.

The Welsh Government has responded to say that it doesn't consider that the majority of the points raised affect the operation, legal effect, or the overall meaning of the regulations, but it will keep these issues under review and consider whether making amendments in respect of any of the points might be advantageous in the future. The response also provides additional explanations where they were requested. 

Thanks, Jen. Members, do you have anything to raise? I see you do not. Are we happy to agree the reporting points? I see we are. Can I just say how disappointing it is yet again to have the Welsh and English saying different things? The level of competence amongst Welsh Government civil servants should ensure that does not happen.

The Digital Waste Tracking (Wales) Regulations 2026. A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, 3 March 2026. These regulations establish a digital waste tracking system, applicable in Wales, to track controlled waste. They place mandatory recording requirements on operators of permitted facilities where controlled waste is received. All four Governments across the UK are planning to implement mandatory requirements in phases. These regulations are implementing the first phase of the introduction of mandatory digital waste tracking only. A future second phase will impose further mandatory requirements on other waste industry operators and will include digital tracking of waste movements. The Deputy First Minister issued a related written statement, which is in our papers. Senedd lawyers have identified seven technical and two merits reporting points. A Welsh Government response has not been received. Jen, would you like to take us through the reporting points?

Thank you, Chair. Three of the technical points note defective drafting regarding an incorrect cross-reference, failure to define terms and an apparent error in referring, on one occasion, to a fixed rather than a variable monetary penalty. One point seeks further information on how a person is supposed to discharge their liability following receipt of a monetary penalty, and three points identify inconsistencies between the Welsh and English texts. No responses are awaited for the merits points, which note that the digital waste tracking system fee is payable to the Welsh Ministers under these regulations, and that any penalty that Natural Resources Wales receives under the regulations must be paid into the Welsh consolidated fund.

Thanks, Jen. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? Yes.

Item 4, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. Correspondence from the Counsel General and Minister for Delivery to the Llywydd: the National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) (No. 2) Regulations 2024. The Counsel General has written to the Llywydd in relation to a question asked by Adam Price on these regulations in Plenary on 27 January. The regulations relate to restrictions on the prescription of puberty blockers to children by the NHS in Wales. The Counsel General states that, having reviewed the Plenary exchange, she believes that an inadvertent error was made in the explanatory note and explanatory memorandum for the regulations. The Counsel General adds that both she and the Cabinet Secretary for Health and Social Care agree that the record should be corrected, and apologises for the inadvertent error in describing the legal effect of the regulations. Do Members have any comments? They do not. We'll move on.

The Deposit Scheme for Drinks Containers (Wales) Regulations 2026. The committee considered this instrument subject to the approval procedure at its last meeting and laid its report the next day. Members are invited to note the Welsh Government response to the report, which has since been received and is in our supplementary pack. Jen, do you have anything to raise from the Welsh Government response?  

Thank you, Chair. The Government's response confirms that there is an error on the coming-into-force date in the explanatory memorandum, so a revised memorandum will be laid. Regarding the majority of the remaining points, either corrections are going to be made to the instrument before it's made, or amendments will be considered at the next available opportunity. Explanations have also been provided for the merits points that were raised, particularly that the UK Government has committed to bringing forward exclusion legislation under the United Kingdom Internal Market Act 2020 at the earliest opportunity. Further information is set out in the response regarding consultation and the basis for the regulatory impact assessment on these regulations.

Thanks, Jen. Members, do you have any comments? No. Are we happy to note the Government response? I see that we are. 

Item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.7—previously considered. Strategic priorities and objectives statement to Ofwat issued under section 2B of the Water Industry Act 1991. The committee considered this instrument under Standing Order 21.7 at its last meeting and laid its report the next day.  Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?  

Just to confirm that the Government intends to amend the incorrect title of the Green Paper in the statement before it issues the statement. 

Thanks, Jen. Do Members have any other comments? I see they do not. Are we happy to note the Welsh Government response? I see we are. 

Notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Welsh Government, meetings of inter-ministerial groups. A letter from the Cabinet Secretary for Transport and North Wales, transport inter-ministerial standing committee, 11 March 2026. The Cabinet Secretary for Transport and North Wales notifies us that a meeting of the transport inter-ministerial standing committee is due to take place today. He states that topics are likely to include the EU reset. Do Members have any comments? They do not. Therefore, we’ll move on to the next item.

Correspondence from the Cabinet Secretary for Economy, Energy and Planning, memorandum of understanding between the Welsh Government, the North Sea Transition Authority and the UK Government. The Cabinet Secretary informs us that a memorandum of understanding between the Welsh Government, the North Sea Transition Authority and the UK Government was published on 9 March, and it sets out the agreed working arrangements in relation to reserved matters connected to onshore petroleum licensing in Wales. If Members have no comments, we’ll move on to the next item.    

Written Statement and correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, the REACH (Amendment) Regulations 2026. At our meeting on 15 December, we considered the Deputy First Minister’s letter in which he notified us of his intention to give consent to the Secretary of State for Environment, Food and Rural Affairs for the regulations to apply in relation to Wales. He now informs us that consent has been given. The regulations, which are subject to the negative procedure, were laid and made on 2 March 2026 and will come into force on 1 April 2026. They will apply to Wales, England and Scotland. If Members have no comments, we’ll move on to the next item. 

Written Statement and correspondence from the Cabinet Secretary for Economy, Energy and Planning, the Provision of Services (Amendment and Transitional Provision) Regulations 2026. The Cabinet Secretary informs us that she has consented to the Parliamentary Under-Secretary of State, the Minister for Small Business and Economic Transformation, to lay this statutory instrument, which will amend the Provision of Services Regulations 2009 in devolved areas. The regulations also apply to England, Scotland and Northern Ireland. The regulations are subject to the affirmative procedure and were laid before Parliament on 6 March 2026, with a commencement date of 1 October. If Members have no comments, we’ll move on to the next item.

Papers to note. Correspondence from the Cabinet Secretary for Finance and Welsh Language to the Economy, Trade and Rural Affairs Committee, the Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill, revised explanatory memorandum. The Cabinet Secretary has laid a revised version of the explanatory memorandum to this Bill, following Stage 1 committee recommendations and amendments made at Stage 2. Do Members have any comments? If not, we’ll move oto the next item.  

Correspondence from the Public Accounts and Public Administration Committee to the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs. Members are invited to note the letter from the Public Accounts and Public Administration Committee to the Deputy First Minister in relation to further questions they had following their 26 February evidence session on the legislative consent memoranda on the Bill. We will publish the response once it is received. Do Members have any comments? I see they have none. 

A written statement by the Cabinet Secretary for Finance and Welsh Language, publication of independent research into options for income tax devolution in Wales. The Cabinet Secretary’s written statement informs us of the conclusion of independent research into options for alternative measures of income tax devolution, conducted by a research team from the Fraser of Allander Institute and Bangor University. The Cabinet Secretary summarises that the research shows there is no single optimal system of income tax devolution, and that any change would have to balance appetite for greater policy control and flexibility with appetite for risk. Do Members have any comments? I see they have none.

Correspondence from the Counsel General and Minister for Delivery to the Finance Committee, Senedd Cymru (Member Accountability and Elections) Bill. Members are invited to note the Counsel General’s letter to the Finance Committee, in which she shares that a revised explanatory memorandum has been laid to the Bill, which takes into account amendments made to the Bill at Stage 2, and also includes a revised regulatory impact assessment. Do Members have any comments? I see they have none.   

Correspondence from the Counsel General and Minister for Delivery to the Llywydd, Senedd Cymru (Member Accountability and Elections) Bill. The Counsel General’s letter to the Llywydd notes that Minister of the Crown consents have been received in respect of a number of provisions in the Bill, which are set out in her letter. Do Members have any comments? I see they have none.  

Correspondence between the Climate Change, Environment and Infrastructure Committee and the Welsh Government: UK-Germany treaty on friendship and bilateral co-operation. The Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs’ response to the Chair of the Climate Change, Environment and Infrastructure Committee has been copied to us. In his response he sets out the scope of the Welsh Government’s co-operation with Germany and sets out the scope of the engagement with the UK Government on the treaty. Do Members have any comments? I see they have none.

Correspondence from the Public Accounts and Public Administration Committee: Welsh Government’s legislative improvement plan. The Chair of the Public Accounts and Public Administration Committee has written to us to highlight a letter sent to them by the Welsh Government’s Permanent Secretary. The Permanent Secretary’s letter sets out their work to improve the development and delivery of legislation through their legislative improvement plan. The letter sets out a series of actions that will be pursued by the Welsh Government. Do Members have any comments?

Perhaps I should declare an interest as the signatory to that letter, as I chair that committee. And the previous reference to a letter from that committee also. 

And just for completeness, I serve on that committee with you, Mark. 

Moving on, correspondence from the Cabinet Secretary for Transport and North Wales: legislative consent memoranda on the Railways Bill. The Cabinet Secretary responds to our letter of 24 February, following our consideration of the legislative consent memoranda laid so far on this Bill. Do Members have any comments they wish to make? If no, we’ll move on.

A written statement by the Counsel General and Minister for Delivery: the Welsh Government response to the president of Welsh Tribunals' sixth annual report, 1 April 2024 to 31 March 2025. Members are invited to note the Welsh Government’s response to the sixth annual report of the president of Welsh Tribunals. The response deals with the key issues of the report, namely around budget, tribunal reform, judicial training, diversity and the Welsh language. The issue of tribunal reform is of particular interest to this committee given the disappointment expressed by the president of Welsh Tribunals at our session on 8 December about the absence of a reform Bill during this Senedd. Do Members have any comments they wish to make? No. 

A written statement and correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: publication of the UK ETS authority consultation on regulating cross-boundary CCS pipelines. Members are invited to note the written statement and correspondence informing Members that the UK emissions trading scheme authority has published a consultation today on regulating cross-boundary carbon capture and storage pipelines. The Deputy First Minister tells Members that

'This consultation will be followed by an Authority Response, which will be published prior to legislation being laid that will enact any changes resulting from the consultation. The Senedd, along with other UK Parliaments, will have the opportunity to scrutinise plans once they are finalised.'

Do Members have any comments? I see they have none. 

Correspondence from the Cabinet Secretary for Housing and Local Government: amendments to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014. The Cabinet Secretary has written to us to inform us that regulations will shortly be laid to amend the 2014 regulations, and has asked for this committee to expedite scrutiny of them. These amendment regulations will provide support for British nationals, or people with leave to enter or remain, returning to the United Kingdom from the current conflict in the middle east if evacuation advice is issued by the Foreign Office. Do Members have any comments? No. 

I move a motion under Standing Order 17.42(vi) and (ix) to resolve to exclude the public from the remainder of the meeting.