National Assembly for Wales

Welcome to this virtual meeting of the Legislation, Justice and Constitution Committee. We've had apologies today from our regular committee member James Evans, who's not able to be with us today, but we've got Sam Kurtz stepping in as a substitute. Sam, thank you very much indeed. We hope you enjoy the committee this afternoon, and the strange focus that we have. I hope it doesn't put you off joining us in future again at some point.

Just to remind everybody, the meeting's being broadcast live on Senedd.tv, and the Record of Proceedings will be published as usual. Apart from the procedural adaptations for conducting these proceedings in virtual format, all the other Standing Order requirements remain in place. So, as per normal, if I could ask Members to make sure that all your mobile devices are switched to silent. We're operating through the mediums of Welsh and English today, and we have interpretation available. There's no need to mute or unmute yourself during the meeting, because that will be done for you by the sound operator. 

In which case, we will move ahead to our regular items, the first of which, having noted James's apology today, is item No. 2, which is instruments that raise no reporting issues under Standing Order 21.2 or 21.3. We've got some here in front of us in your papers. First of all, item 2.1, the draft affirmative resolution instrument SL(6)331, the Alcoholic Beverages (Amendment) (Wales) Regulations 2023. These regulations amend retained European Union law concerning the labelling of alcohol content and multiple grape varieties for wine to take into account the requirements set down in the free trade agreement between the United Kingdom and New Zealand. The aim of these regulations is to ensure that the UK is compliant with the free trade agreement, but, as I say, there are no reporting points on this. So, Kate, no comments there, I assume. No. Members, if there are any comments that you want to make, just stick your hand up or shout at me, and we'll pause.

Item 2.2, we have a made negative resolution instrument, SL(6)334, the Valuation for Rating (Prescribed Assumptions) (Wales) Regulations 2023. Just as a way of context here, the primary purpose of these regulations is to clarify matters that have not been considered in determining rateable values between revaluations. So, during the COVID-19 pandemic, increased volumes of material change-of-circumstances appeals were lodged with the Valuation Office Agency on the basis that Government measures and restrictions had the effect of reducing the rateable values of properties. This did not align with the policy intent of the existing legislation, so, to address this, in relation to the 2017 rating list and the specific circumstances of the COVID-19 pandemic, the Valuation for Rating (Wales) (Coronavirus) Regulations 2021 were made, and then, to address the issue retrospectively, the Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 was passed.

So, you'll note from the explanatory memorandum accompanying the regulations that, historically, material change-of-circumstances appeals have been linked to localised, one-off events—things like flooding or roadworks, rather than changes in market-wide conditions. So, the explanatory memorandum also notes that changes are necessary to ensure that the law is clearly and fairly calibrated. But, again, our lawyers have not identified any reporting points. So, we'll move on, then, if Members are agreeable, to both of those reports and reporting points.

Item No. 3, we have instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. We'll begin with item 3.1, it's a made negative resolution instrument, SL(6)329, the Council Tax (Exceptions to Higher Amounts) (Wales) (Amendment) Regulations 2023. You have a draft report in your pack. The existing 2015 regulations prescribe classes of dwellings that are exempt from a council tax premium, and are amended by these 2023 regulations to include properties subject to a planning condition, including preventing occupancy for a continuous period of at least 28 days in any one-year period, specifying that the dwelling may be used for holiday let only, or preventing occupancy as a person's sole or main residence, and the effect of the regulations is that such a property cannot be charged a council tax premium. But our lawyers have identified one merits reporting point. We don't need a Welsh Government response, though. Kate, do you want to tell us what that point is, please?

Thank you. The merits point just draws Members' attention to the paragraphs of the explanatory memorandum setting out the Welsh Government's rationale for exempting the specified types of property from the council tax premium.

Thank you very much, Kate. So, relatively straightforward there. Are we happy with that reporting point? We are, thank you very much.

So, it'll take us on to item 3.2, in the same part of the agenda here. We have SL(6)330, the Town and Country Planning (North Wales Border Control Post) (EU Exit) Special Development Order 2023, and this order grants planning permission subject to conditions for the construction and operation of an inland border control post for the port of Holyhead, and additional parking for up to 60 heavy goods vehicles. The order sets limits on the extent and the physical form of border control facilities and the HGV parking that can be provided by Welsh Government and the border departments on the site, and it also requires the construction and operation of mitigation measures. Our lawyers have looked at this and they've identified one technical reporting point, but also, they'd like to suggest one merits point identified after the papers were published. Kate, over to you, and we haven't had a Welsh Government response yet—or have we?

So, the technical point, which is in the draft report, identifies an inconsistency between the Welsh and English texts, and yes, we're awaiting the Welsh Government response on that.

The additional merits point, which we would suggest could be added to the draft report, is to note that this type of order is quite rare. It appears to be the first time that the Welsh Ministers have exercised this power where they are acting as a planning authority and granting planning permission for a specified development, rather than allowing it to go through the local planning authority process. What this means is that the usual consultation requirements don't apply, so there's no requirement for consultation when permission's granted by a special development order. However, according to the explanatory memorandum, consultation has been undertaken that was commensurate to what would have been required under a normal planning application, and so, if Members are content, I'd suggest that that be added to the report as an additional merits point just to note.

Thank you, Kate, and I can see that all Members are nodding in agreement with that, so, yes, please, if you could add that, and we'll send that off as part of the agreed reporting points. Thank you very much.

That takes us on to item No. 4 in our public session where we have notifications and correspondence under the inter-institutional relations agreement. This is a regular part of our considerations, and under this item, we have one item to look at; it's correspondence from the Minister for Climate Change in relation to a virtual meeting of the inter-ministerial group on net zero, energy and climate change due to take place on 23 March, which we are told will focus on the UK emissions trading scheme—of great interest to us, of course—and the UK net-zero growth plan—equally of great interest to the Senedd.

The Minister also tells us that a joint communique will be published after the meeting and she will also issue a written statement as well. So, again, we're grateful for those to be brought to our attention. No particular comments on those, colleagues? We're happy to move ahead.

In which case, we'll move ahead, then, to our papers to note, and as we normally do, I'll read these into the order paper here, and if there's anything, please just shout at me or raise your hand. Otherwise, we can return to some of these in private session as well if needed.

So, item 5.1, we have correspondence from the Business Committee regarding consent in relation to statutory instruments made by UK Ministers, and the Business Committee has agreed that options for reviewing Standing Order 30A will be considered in due course. Now, we don't have any more detail on that, but it's good that it's on their agenda. In addition, we note in the correspondence that the Llywydd will be writing to the First Minister to set out expectations in relation to the Senedd's consent for UK statutory instruments. And regular followers of this committee will know that this is an issue that has exercised us greatly as a committee, so we're glad to see that in the correspondence.

Item 5.2, we have correspondence from the Business Committee in relation to our report on the legislative consent memoranda on the Retained EU Law (Revocation and Reform) Bill, and the letter responds to recommendations 5 and 14 of our report, which we drew to their attention. It might well be, colleagues, that we want to come back to this in private session. 

Item 5.3, we have correspondence from the Business Committee in relation to the Member Bill procedure. The letter responds to our letter of 24 February regarding the proposed review by the Business Committee of the Member Bill selection process. The letter notes that the Business Committee will keep us informed of its intentions regarding their review. And, again, we can return to this in private session. 

Item 5.4, we have correspondence between the Business Committee and the Local Government and Housing Committee in relation to Supplementary LCM (Memorandum No.5) for the Social Housing (Regulation) Bill. Again, we can come back to this in private. 

So, colleagues, unless there's anything in particular you want to raise on that, we will move now to item No. 6, which is our motion under Standing Order 17.42 to move into private and exclude the public from the remainder of the meeting so that we can go into private consideration. Are you happy to do so? We are. In which case, if I could ask our clerking team to move us into private session now, please.