Pwyllgor Materion Cyfansoddiadol a Deddfwriaethol

Constitutional and Legislative Affairs Committee

08/01/2018

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Dai Lloyd
David Melding
Mick Antoniw

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Alys Thomas Ymchwilydd
Researcher
Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
Jennifer Cottle Cynghorydd Cyfreithiol
Legal Adviser
P Gareth Williams Clerc
Clerk
Ruth Hatton Dirprwy Glerc
Deputy Clerk
Tanwen Summers 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. Lle y 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.

Dechreuodd y cyfarfod am 14:30.

The meeting began at 14:30.

1. Cyflwyniad, ymddiheuriadau, dirprwyon a datganiadau o fuddiant
1. Introduction, apologies, substitutions and declarations of interest

Good afternoon, everyone. Welcome to the Constitutional and Legislative Affairs Committee meeting of 8 January 2018. Just some introductory comments, first of all, with regard to handling. After any introductory remarks, you're advised that, 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. All mobile devices are switched to silent mode. The National Assembly for Wales operates through both the medium of Welsh and English languages. Headphones are provided, through which instantaneous translations may be received. For anyone hard of hearing, these may also be used to amplify sound. Do not touch any of the buttons on the microphones, as this can disable the system, and ensure that the red light is showing before speaking. Interpretation is available on channel 1, and verbatim on channel 2.

Two very short announcements right at the beginning: following Nathan Gill's resignation as an Assembly Member, there is a vacancy on the committee, and it will be for the Business Committee to consider the effect of the vacancy under Standing Order 17.13, but just to put on record recognition of Nathan Gill's contribution to the work of this committee. The second thing to put on record is our congratulations to David Melding in respect of his recognition in the honours list as a CBE. So, congratulations, there.

2. Offerynnau nad ydynt yn cynnwys materion i gyflwyno adroddiad arnynt o dan Reol Sefydlog 21.2 na 21.3
2. Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

Other than that, then, we move on to item 2, instruments that raise no reporting issues under Standing Order 21.2 or 21.3, and the negative resolution instrument there is the Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2017. Are there any comments on that? Can that be noted? Okay, so that's noted.

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

We move on to item 3, instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3. Affirmative resolution instrument the Non-Domestic Rating (Multiplier) (Wales) Order 2018—an issue that has obviously been of interest to this committee in the past. There are a number of papers: the Order, the explanatory memorandum, the report, and the letter from the Cabinet Secretary for Finance. I'll perhaps first of all invite the lawyers to make any comments.

Just the two merit points noted in the draft report, around the timing and the explanatory memorandum not explaining what the 272.8 as B means in this case. The explanatory note does explain it, but it's slightly strange there's no reference to that also in the explanatory memorandum.

Any other comments? Just to say on this, I obviously had a conversation, a short conversation, also, with the Cabinet Secretary, I think, really, to explain what was set out in the letter about the timescale. There are circumstances in the background. It's not the most desirable of situations, but we are where we are, and we need to move on to ensure that people aren't disadvantaged in this area. So, if there are no other comments on that, we're just required to approve that.

4. SICM(5)2 - Memorandwm Cydsyniad Offeryn Statudol
4. SICM(5)2 - Statutory Instrument Consent Memorandum

And then moving on to item 4, now, which is the statutory instrument consent memorandum, relating to the Control of Mercury (Enforcement) Regulations 2017, there is a letter from the Minister that explains the background to that. We have to report to the Assembly within 35 days. Are there any comments on that and how we're going to achieve that? Anything required or just—?

We'll prepare a report for the committee to consider.

5. Papurau i’w nodi
5. Papers to note

Item 5, papers to note: a letter from the Chair of the Equality, Local Government and Communities Committee inquiry into human rights in Wales. I think that's just a letter to note, but obviously an interesting inquiry. Any comments on that? We'll just note it.

And 5.2, a letter from the Cabinet Secretary for Education, additional learning needs update. So, again, it's another letter just updating us on the position. Again, to be noted, unless there are any comments. 

6. Bil yr Undeb Ewropeaidd (Ymadael)
6. European Union (Withdrawal) Bill

Item 6, the European Union (Withdrawal) Bill: the letter to the leader of the house and the letter from the leader of the house. You've seen the correspondence there, which really updates us on the Welsh Government's timetable for bringing forward some audit legislation as a consequence of the EU withdrawal Bill.

14:35

Six hundred, yes. I thought there might have been a little bit more, but—.

Yes, that's right. I thought the figure was higher, but I suppose 800 is enough to start with, isn't it? 

7. Cynnig o dan Reol Sefydlog 17.42 i benderfynu gwahardd y cyhoedd o'r cyfarfod
7. Motion under Standing Order 17.42 to resolve to exclude the public from the meeting

Cynnig:

bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y cyfarfod yn unol â Rheol Sefydlog 17.42(vi).

Motion:

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

Cynigiwyd y cynnig.

Motion moved.

Okay, on to item 7, then, motion under Standing Order 17.42 to resolve to meet in private. Is that moved?  

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 14:35.

Motion agreed.

The public part of the meeting ended at 14:35.