National Assembly for Wales

Apologies have been received from Alun Davies, and Lesley Griffiths is substituting, and we've had apologies from Laura Anne Jones. 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 both the medium of the Welsh and English languages. Interpretation is available during today’s meeting.

On to item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. We have one no-procedure Order that has been made that will be of interest to this committee: The Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) (Amendment) Order 2025.

This Order corrects an error in regulations approved by the Senedd in late 2022. Members will be aware that this committee has regularly sought updates from the Welsh Government about when the 2022 regulations would be corrected. We have in our papers a letter from the Deputy First Minister, in which he confirms that this Order rectifies issues that the committee identified in its consideration of these regulations in 2022.

Senedd lawyers have identified one technical and five merits reporting points. A Welsh Government response has not yet been received. First, we have Kate from our legal team. Would you like to run through the reporting points, Kate?

The technical reporting point is asking the Welsh Government why there is no banner or headnote on the instrument explaining that it is subject to the free issue procedure because it is correcting an error in a previous instrument.

The first merits point is seeking an update from the Welsh Government in relation to the final outstanding issue arising from the committee's report on the 2022 regulations, which relates to changing the scrutiny procedure for Henry VIII powers that have been delegated in those regulations. That procedure is going to change from negative to affirmative. So, we have just asked the Welsh Government whether it remains the case that there is no suitable legislative vehicle at the moment for that to take place.

The second merits point asks the Welsh Government whether there has been any practical impact of the error remaining on the statute book for over two years. The third merits point notes that, if the 2022 regulations had been made correctly, the relevant delegated power would have been subject to the negative procedure. However, as corrected, the delegated power in the regulations will not be subject to any Senedd scrutiny procedure.

Finally, the fifth and sixth merits points are asking the Welsh Government to confirm that certain requirements in the Animal Health Act 1981 have been met, relating to the publication of notices in the Gazettes and the publication of the Order by local authorities. Then, the Welsh Government is also asked whether it assessed whether there are any financial implications for local authorities from the requirement in the 1981 Act that every local authority publishes, at its own expense, any Order made under section 10 of that Act. We are just waiting for the Welsh Government to respond.

Are we happy to agree these reporting points? Yes. That takes us on to made negative resolution instruments, and the Building etc. (Amendment) (Wales) Regulations 2025. 

These regulations amend the Building Regulations 2010 and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, to impose new requirements for gigabit-ready digital infrastructure and connectivity in new-built dwellings. They also provide for transitional relief from the new requirements in relation to building work previously notified to a local authority, which is either already under way or starts within 12 months of these regulations coming into force.

Senedd lawyers have identified two technical reporting points. A Welsh Government response has not yet been received. Again, over to you, Kate.

Both of the technical points here are seeking further information from the Welsh Government, first in relation to a lack of clarity in one of the requirements being imposed by these regulations; and secondly, as to the absence of a definition of a 'public electronic communications service'. We are just waiting for the Welsh Government's response.

Are we happy with these reporting points? Yes.

On to item 2.3, the Feed Additives (Authorisations) and Uses of Feed Intended for Particular Nutritional Purposes (Amendment of Commission Regulation (EU) 2020/354) (Wales) (Amendment) Regulations 2025. These regulations make minor corrections to the 2025 regulations. We have a letter in our papers from the Minister for Mental Health and Well-being to the Llywydd, as these regulations were a breach of the 21-day rule and come into force today. Senedd lawyers have identified two merits reporting points. A Welsh Government response is not required. Kate, will you run us through the merits reporting points?

The first merits point just notes that the regulations are addressing errors identified by this committee in its report on the 2024 regulations. And then the second merits point is just noting that breach of the 21-day rule and the explanation provided in the letter to the Llywydd that this is necessary to ensure that the regulations come into force before the enabling powers are revoked.

Thank you. Are we happy to agree those reporting points? Yes. 

On to item 2.4, the Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2025. This Order amends the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 and the Developments of National Significance (Procedure) (Wales) Order 2016 in relation to pre-application consultation and consultation before the granting of planning permission regarding developments of national significance. This Order updates the criteria by which Natural Resources Wales is consulted on matters of flood risk. Senedd lawyers have identified one technical reporting point. A Welsh Government response has been received. Kate, would you like to run us through the reporting point?

The technical reporting point identifies potentially defective drafting, in that the Order uses two different names for Natural Resources Wales. In response, the Welsh Government notes the point, and whilst they do not believe that the drafting will lead to confusion they agree that it would have been preferable for the drafting to be consistent. So, the Welsh Government confirms that this will be addressed in the next suitable legislative vehicle before the end of the year.

Thank you for that. I'm sure we regret the reporting point. You'd think there would be somebody in the Welsh Government who just checked to make sure everything was consistent—just my thought.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3— previously considered. The Charges for Residues Surveillance (Amendment) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 24 March 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?

Just to note that Welsh Government has laid further regulations revoking and replacing these regulations, which addresses the reporting points.

Okay, thank you very much.

Item 3.2, the National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2025. The committee considered this instrument at its meeting on 24 March 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?

Just to note that Welsh Government intends to address the technical reporting points through amendments that they're intending to make in summer 2025.

Thank you. Members, do you have anything to raise? No.

The Agricultural Wages (Wales) Order 2025. The committee considered this instrument at its meeting on 24 March 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?

In relation to the fourth reporting point, the Welsh Government have acknowledged that this appears to be an oversight, but they haven't committed to resolving this either immediately or within the next agricultural wages Order, which contrasts to their response to some of the other reporting points. So, the committee might want to write to the Welsh Government just to seek assurance that the oversight will also be addressed in any future agricultural wages Orders.

Okay. Can we do that? Are Members happy? Yes. 

Item 3.4, the Education (Information about Children in Independent Schools) (Pilot) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 31 March 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?

Just to note that Welsh Government have acknowledged that there is an inconsistency between these regulations and the children missing education database regulations as to the names of the local authorities involved in the relevant pilot scheme. However, the Welsh Government considers that it's still clear which local authorities are being referred to.

Thank you. Are Members happy with that? Yes.

That takes us on to notifications and correspondence under the inter-institutional relations agreement. We’ve got several items there. Members are invited to note the various correspondence from the Welsh Government in relation to meetings of inter-ministerial groups.

We have notifications in relation to the following: a meeting of the inter-ministerial group for environment, food and rural affairs, which was due to be held on 31 March but was postponed and is now going to be held on 12 May; a meeting of the inter-ministerial group on net zero, energy and climate change, which took place on 6 March, and notification that the next meeting will take place on 6 May in Cardiff; the tourism inter-ministerial group will meet on 7 May; a meeting of the four nations group on the UK Government child poverty strategy took place on 19 March; a British-Irish Council environment ministerial meeting will take place on 8 May; and a meeting of the Interministerial Standing Committee took place on 27 February. Discussions on the UK internal market Act, the Sewel convention and UK legislation were held at this meeting, and the next meeting will be held in May. If Members are content to note this correspondence—. Are Members content? Yes.

Item 4.2 is a written Statement and correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Ivory Prohibitions (Exemptions) (Process and Procedure) (Amendment) Regulations 2025. This letter from the Deputy First Minister informs us of his intention to consent to the regulations being made by the UK Government. And then we have a written statement in which he informs Members that consent has been given and that the regulations were laid before the UK Parliament on Thursday.

The regulations add three names to the list of institutions that possess necessary knowledge and expertise to provide the Secretary of State with advice on applications for exemption certificates under section 2 to the Ivory Act 2018. National Museum Wales is one of the three institutions being added. The Deputy First Minister says that the regulations will improve access to assessors for the people of Wales. He states that this is being done via a UK SI and not a Welsh SI because he says it is

'the most pragmatic approach to achieve consistent implementation of the agreed policy with no risk of deviation, both from a policy and timings perspective'.

Are Members content to note this? Yes.

Papers to note. Correspondence with the Chancellor of the Duchy of Lancaster on inter-governmental relations. The letter from the Chancellor of the Duchy of Lancaster declines our invitation for him to attend our committee to provide evidence around inter-governmental relations, but notes that his colleague Minister Alexander will be engaging with the interparliamentary forum on inter-governmental relations. Are Members content to note this? Yes.

Correspondence from the Welsh Government: responses to committee reports on the Visitor Accommodation (Register and Levy) Etc. (Wales) Bill. The Cabinet Secretary has responded to both our report and the report of the Finance Committee on the Visitor Accommodation (Register and Levy) Etc. (Wales) Bill. Do Members have any comments? No.

Correspondence from the Finance Committee to committee chairs: scrutiny of the Welsh Government draft budget 2025-26. The Finance Committee is requesting the views of committees on the scrutiny of the Welsh Government draft budget 2025-26 and how improvements may be made for the 2026-27 draft budget. The deadline for responses is 23 May, in advance of the Plenary debate on the budget priorities for 2026-27, which will be led by the Finance Committee. Are members content to note this for now and return to this either later on today or at another session?

Correspondence from the Cabinet Secretary for Health and Social Care to the Health and Social Care Committee: actions to improve the handling of complaints about NHS Wales. The Cabinet Secretary’s letter informs the Health and Social Care Committee that significant work is under way to redesign and refresh the NHS Wales complaints procedures, which will include, amongst other things, amendments to subordinate legislation. The Cabinet Secretary is offering a technical briefing to members of the Health and Social Care Committee, the Finance Committee and this committee. We may, again, wish to return to this at a future date.

Correspondence from the Welsh Government: response to the committee’s report on the Welsh Government’s legislative consent memorandum on the Tobacco and Vapes Bill. The Welsh Government has responded to our report on the Welsh Government’s legislative consent memorandum on the Tobacco and Vapes Bill. A supplementary legislative consent memorandum has been laid, which the committee will consider in a fortnight. Do Members have any comments at this stage? No.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Disused Mine and Quarry Tips (Wales) Bill. This letter from the Deputy First Minister provides a correction to the transcript from our evidence session with him on 10 February, in relation to powers of entry and related appeals. Are Members content to note this?

Correspondence from the Welsh Government: response to the committee’s report on the Welsh Government’s supplementary legislative consent memorandum on the Renters’ Rights Bill. The Welsh Government has responded to our report on the Welsh Government’s supplementary legislative consent memorandum on the Renters’ Rights Bill. We may wish to consider this response in a private session.  

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the UK Government’s review of the United Kingdom Internal Market Act. The Deputy First Minister responds to our letter in relation to the UK Government’s review of the UK Internal Market Act, and he states that he and his officials are engaged with their UK Government counterparts. He commits to keeping us informed on the progress of those discussions where he can. Do Members have any comments? No.

Correspondence from the Secretary of State for Wales: laying of bilingual statutory instruments. The Secretary of State for Wales has responded to our letter seeking further information about the laying of bilingual instruments in the context of section 156 of the Government of Wales Act 2006. The Secretary of State reiterates her support for the Welsh language and ensuring access to information and services through the medium of Welsh, but does not believe that Parliament would consider that section 156 of the 2006 Act amounts to a requirement that subordinate legislation be laid bilingually. She also states that officials have confirmed with the Journal Office that, without such a requirement, relevant statutory instruments could only be laid in Parliament English. Again, we may wish to return to this at another time.

A written statement by the Cabinet Secretary for Housing and Local Government: campaign expenditure limits for Senedd elections. The Cabinet Secretary informs Members that the Welsh Government has set new campaign expenditure limits for individual candidates and registered parties at Senedd elections. The forthcoming conduct Order, which the Cabinet Secretary says will be laid after Easter recess, will set limits for individual candidates, and draft regulations to amend the limits for registered parties will also be laid in the summer term. The Cabinet Secretary states she looks forward to the scrutiny of these important instruments. Members, do you have any initial comments?

The Welsh Government has responded to our report on the Welsh Government's supplementary legislative consent—. Sorry, I missed turning the page there. Correspondence from the Equality and Social Justice Committee to the Ministry of Justice: invitation to joint ministerial sessions on criminal justice. The Equality and Social Justice Committee will be taking evidence from Lord Timpson, the Minister of State for Prisons, Probation and Reducing Reoffending on 19 May and will extend an invitation to one or two members of this committee to attend. A similar invitation has been extended to members of the Health and Social Care Committee and the Commons Welsh Affairs Committee. The anticipated topics of discussion at the session include prison safety and reform, the work to reduce reoffending and preparation for further devolution of justice. We may wish to return to this in private session. Do Members have any comments at this stage?

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs and the Counsel General and Minister for Delivery. The Deputy First Minister and the Counsel General have responded to our request for further clarification on the Welsh Government's decision not to publish a further annual report on Delivering Justice for Wales. They state that

‘tangible delivery for the people of Wales is being prioritised across government’

and as such the Welsh Government's default position is to not publish strategies, frameworks, plans and annual report-type documents unless it is absolutely necessary. They go on to state that publishing a further progress report on Delivering Justice for Wales would require a

‘significant amount of civil service resource’

and that in this instance they have made the difficult decision to prioritise making tangible progress on important objectives such as devolution of justice during this Senedd term. Do Members have any comments?

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Welsh Government's response to the committee's report on the Disused Mine and Quarry Tips (Wales) Bill. The Deputy First Minister has responded positively to our report on the Disused Mine and Quarry Tips (Wales) Bill. He has accepted 14 of our 22 recommendations either fully or in part. Do Members have any comments?

Correspondence from the Cabinet Secretary for Economy, Energy and Planning: the Welsh Government's response to the committee's report on the legislative consent memorandum on the Data (Use and Access) Bill. The Cabinet Secretary has responded to the committee's report on the legislative consent memorandum on the Data (Use and Access) Bill. Members have an opportunity to discuss its response when we consider supplementary memorandum No. 3 in private session at another time. Do Members have any comments they wish to make now? No.

We move on to the next item, a motion under Standing Order 17.42. 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? Yes.