Pwyllgor Materion Cyfansoddiadol a Deddfwriaethol

Constitutional and Legislative Affairs Committee


Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Dai Lloyd AM
David Melding AM
Mandy Jones AM
Mick Antoniw AM Cadeirydd y Pwyllgor
Committee Chair

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

Alys Thomas Ymchwilydd
Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
P Gareth Williams Clerc
Ruth Hatton Dirprwy Glerc
Deputy Clerk
Sarah Sargent Clerc

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle 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 datgan buddiannau
1. Introduction, apologies, substitutions and declarations of interest

Welcome to the Constitutional and Legislative Affairs Committee meeting. We start with any apologies and declarations of interest. If there are none, just a few housekeeping rules—the usual housekeeping rules apply—just to ensure all mobile devices, particularly in this room, are switched to off. 

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

We move on then to item 2, which takes us on to the affirmative resolution instruments. The Regulation of Registered Social Landlords (Wales) Act 2018 (Consequential Amendments) Regulations 2018—these regulations make consequential amendments arising from the Regulation of Registered Social Landlords (Wales) Act 2018. These are provisions that allow for the disposal of property by social landlords without Government ministerial consent. Are there any comments on this?

Only to note that that change you've just mentioned around consent was done by the 2018 Act and these make consequential amendments, tidying up the statute book, basically, and, because the tidying up includes tidying up primary legislation, then they follow the affirmative procedure.

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 then to item 3, on to the negative resolution instruments. The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) Regulations 2018—you have before you a report, the regulations, the explanatory memorandum and the letter from the Leader of the House and Chief Whip. These regulations amend the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006. Part 2A of the Environmental Protection Act 1990 sets out a regime for the identification and remediation of contaminated land. The 2006 regulations made provisions for Part 2A to apply with modifications for the purpose of dealing with harm attributable to any radioactivity possessed by any substance. These are part of a package of measures to transpose EU Council Directive 2013/59/Euratom. Are there any particular issues that arise?

There are three merits points in the draft report, the first around the breach of the 21-day rule. That's the rule about 21 days passing between laying before the Assembly and coming into force. In this case, there are only 19 days; the 21-day rule was breached by two days. And the letter from Julie James AM, leader of the house, explains there's a minor drafting error in the regulations. Given the circumstances and the fact there is no radioactive contaminated land identified in Wales, then missing the 21-day rule by two days does not seem to have a significant impact in Wales.

I think it's good to commend best practice. So, with the explanatory memorandum, I think it's—it gives us more power, then, when we criticise. 

Yes, okay, so we note those comments. We then move on to the composite negative resolution instruments. The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018—again, the report, Order and explanatory memorandum are before Members. This Order revokes six instruments relating to milk quotas, one relating to agricultural wages committees, one relating to the importation of hay and straw. All of them are spent or otherwise superseded and the Order also revokes one instrument relating to flood defence procedures, which is no longer required. All the Orders are revoked in relation to England and Wales, except the agricultural wages committees  Order 1974, which is revoked only in relation to England. Any points on that?

One technical point: it's a composite Order so it's made in English only. The Welsh Ministers and the Secretary of State did not have to make this as a composite Order. They could have made one for England via the Secretary of State and one for Wales via the Welsh Ministers. But they chose to do it together, and just to note that the knock-on effect of doing it together as a composite is that it is in English only.

4. Memorandwm Cydsyniad Deddfwriaethol ar gyfer y Bil Ardrethu Annomestig (Meithrinfeydd Planhigion)
4. Legislative Consent Memorandum on the Non-Domestic Rating (Nursery Grounds) Bill

All right, we move on then to item 4. The Legislative Consent Memorandum on the Non-Domestic Rating (Nursery Grounds) Bill—again, we have the legislative consent memorandum and the legal advice note. The Non-Domestic Rating (Nursery Grounds) Bill was introduced in the House of Commons on 23 May 2018. The LCM was laid on 7 June by Mark Drakeford, Cabinet Secretary for Finance, and the consent of the Assembly is sought for the entire Bill, which consists of two sections. The Bill amends Schedule 5 to the Local Government Finance Act 1988. The amendment provides that a building that is, or forms part of, a nursery ground and is used solely in connection with agricultural operations is an agricultural building for the purposes of paragraph 1 of the Schedule. This has the effect that such buildings are exempt from non-domestic rating under section 51 of the Act. And I think there are some comments from the lawyers.


I think we've set out all the points we wish to raise in the advice note.

5. Papurau i'w nodi
5. Papers to Note

Okay. Next item, item  5, papers to note. We have the letter from Julie James, which is correspondence relating to powers in the European Union (Withdrawal) Bill to make subordinate legislation—operational matters. Are Members happy to note that? Okay.

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


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


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.

Then motion under Standing Order 17.42 to resolve to meet in private. Is that agreed?

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 14:36.

Motion agreed.

The public part of the meeting ended at 14:36.