Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad

Legislation, Justice and Constitution Committee

07/05/2024

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Adam Price
Alun Davies
Samuel Kurtz
Sarah Murphy Cadeirydd y Pwyllgor
Committee Chair

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 09:01.

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

The meeting began at 09:01.

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

Bore da. Welcome to this meeting of the Legislation, Justice and Constitution Committee. As a reminder, the meeting is being broadcast live on Senedd.tv and the Record of Proceedings will be published as usual. Aside from the procedural adaptations for conducting proceedings in a virtual format, all other Standing Order requirements remain in place. No apologies have been received. In terms of housekeeping arrangements, in the event of a fire alarm, Members should leave the room by the marked fire exits and follow instructions from the ushers and staff. There is no test forecast for today—although, there was one earlier on; it's happened, so there won't be another one today. Please can Members ensure that all mobile devices are switched to silent mode. Senedd Cymru operates through both the medium of the Welsh and English languages. Interpretation is available during today's meeting, and Members are reminded that the sound operator is controlling the microphones and, as such, you do not need to mute and unmute yourselves during the public meeting.

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

Now we're going to move on to item 2. Members will know that one of our standing items is to look at Welsh Government responses that are received after we have reported to the Senedd on instruments that raise issues under Standing Order 21.2 or 21.3. There are no items for consideration under this item today. Therefore, I will move on.

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

At item 3, we have notifications and correspondence under the inter-institutional relations agreement. So, at item 3.1, we have some letters from the Welsh Government in relation to various inter-ministerial group meetings. Firstly, we have a letter from the Cabinet Secretary for Culture and Social Justice informing us that a meeting of the safety, security and migration inter-ministerial group is due to take place today. The Cabinet Secretary states that the meeting will focus on the UK Government's illegal migration Bill, asylum dispersal and the recently published report on the cap on safe and legal migration routes.

We also have another letter from the Cabinet Secretary for Culture and Social Justice informing us that a meeting of the culture and creative industries inter-ministerial group was taking place on 2 May. The Cabinet Secretary states that the meeting would likely cover the creative industries sector's vision, upcoming major cultural events and current creative and cultural sector issues, and commits to updating us about the meeting in due course.

We also have a letter from the Cabinet Secretary for Climate Change and Rural Affairs in relation to the latest meeting of the net-zero, energy and climate change inter-ministerial group, which was held on 13 March 2024. The Cabinet Secretary confirms that the meeting included a presentation from the Climate Change Committee on carbon budget 7 and discussions on industrial decarbonisation and carbon capture usage and storage. Unless Members have any comments they wish to make, we will note these and move on to the next item. I will take that as we are moving on. Wonderful.

At item 3.2, we have correspondence from the Cabinet Secretary for Climate Change and Rural Affairs. The Cabinet Secretary informs us of his intention to give consent to the UK Government to make and lay the Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024. The Cabinet Secretary confirms that the regulations intersect with devolved policy and will apply to Wales and that their purpose is to, I quote,

'preserve and sharpen the benefits of unfettered market access for qualifying Northern Ireland goods'.

He states that

'it is considered appropriate for this instrument to apply to Wales as there is no policy divergence between the Welsh and UK Government in this matter.'

The Cabinet Secretary adds that

'The Regulations do not commit Welsh Ministers to adopting any future UK Government position on biosecurity'—

and they—

'do not diminish or undermine the powers of Welsh Ministers in any way.'

He also states that legislating separately for Wales would be, and I quote,

'neither the most appropriate way to give effect to the necessary changes nor a prudent use of Welsh Government resources given other important priorities.'

If Members are content to note this, we'll move on to the next item. Thank you.

At item 3.3, we have correspondence from the Minister for Mental Health and Early Years. The Minister informs us that the Welsh Government intends to give consent to the UK Government to make and lay the Health Claims (Revocation) Regulations 2024, which will be made using powers in section 14 of the Retained EU Law (Revocation and Reform) Act 2023. The Minister confirms that the regulations will revoke legislation identified as redundant following the UK's exit from the EU, which was not included in Schedule 1 to the REUL Act. The Minister states that the revocation of these instruments will have no policy effect in Wales and, on this occasion, it is considered appropriate for the UK Government to legislate on a GB-wide basis, as it will ensure redundant legislation is revoked equally across the nations to which they apply. Unless Members have any comments they wish to make, we'll note this and then move on to the next item. Diolch.

So, at item 3.4, we have correspondence again from the Cabinet Secretary for Climate Change and Rural Affairs. This committee has received several items of correspondence over the past few months in relation to the Welsh Government giving consent for these regulations, the Official Controls (Establishment Lists) (Revocation) Regulations 2023, to be made by the UK Government. The Department for Environment, Food and Rural Affairs has informed the Welsh Government that these regulations will be laid on 7 May and come into force on 29 May. These regulations revoke restrictions placed on certain Brazilian food establishments, enabling them to be added to the list of establishments approved to export to Great Britain upon submission of an updated list of approved establishments by the Brazilian competent authority. If Members are content to note this, we will move on to the next item. Thank you.

09:05
4. Papurau i'w nodi
4. Papers to note

So, moving on to item 4, we have correspondence and papers to note. At item 4.1, we have the Welsh Government's supplementary legislative consent memorandum, memorandum No. 3, on the Victims and Prisoners Bill, which was laid last week, on 30 April. Members will know that we considered and reported on memorandum No. 2 last week, and given that the Welsh Government has scheduled the legislative consent debate for this UK Bill during tomorrow afternoon's Plenary session, it is unfortunate that there is no time for meaningful scrutiny. Unless Members have any comments they wish to make now in public session, we'll defer discussion to item 6 on today's agenda, and we'll move on to the next item. Diolch.

At item 4.2, we have a letter from the Culture, Communications, Welsh Language, Sport and International Relations Committee to the First Minister in relation to the committee's annual scrutiny session with the First Minister. The committee notes that it would welcome the opportunity to discuss issues including the implementation review of the EU-UK trade and co-operation agreement, the renewal of the Wales-Ireland shared statement and joint action plan, and the soft refresh of the Welsh Government's international strategy, during the annual scrutiny session, which is taking place on 19 June 2024. Unless Members have any comments they wish to make, we'll note this and move on to the next item. Thank you.

5. Cynnig o dan Reol Sefydlog 17.42 i benderfynu gwahardd y cyhoedd o weddill y cyfarfod
5. 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.

Motion:

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

Cynigiwyd y cynnig.

Motion moved.

Now, in accordance with Standing Order 17.42, I invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? They do. We will now move into private session. Diolch.

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 09:08.

Motion agreed.

The public part of the meeting ended at 09:08.