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Y Pwyllgor Materion Cyfansoddiadol a Deddfwriaethol

Constitutional and Legislative Affairs Committee

07/10/2019

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Carwyn Jones AM
Dai Lloyd AM
Mick Antoniw AM Cadeirydd y Pwyllgor
Committee Chair
Suzy Davies AM

Swyddogion Cynulliad Cenedlaethol Cymru a oedd yn bresennol

National Assembly for Wales Officials in Attendance

Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
Rachael Davies Dirprwy Glerc
Deputy Clerk
Rhiannon Lewis Cynghorydd Cyfreithiol
Legal Adviser
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. 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 12:10.

The meeting began at 12:10.

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

This is a meeting of the Constitutional and Legislative Affairs Committee. We're on item 1. The usual housekeeping rules apply. There are no apologies. Any declarations of interest? If there are none, we move straight on to item 2.

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

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3. We have the negative resolution instrument the Local Authorities (Change to the Years of Ordinary Elections) (Wales) Order 2019. In June 2016, the then Minister for Finance and Local Government announced his decision to change the year of the ordinary local government elections of councillors of county councils, county borough councils and community councils in Wales. This Order changes the scheduled date of the next ordinary elections to the first Thursday of May 2022, instead of the first Thursday of May 2021, to avoid the next elections coinciding with the next ordinary elections of the National Assembly. Any comments or observations?

If not, we move on to item 2.2, the Agriculture (Calculation of Value for Compensation) (Revocations) (Wales) Regulations 2019. These regulations revoke the Agriculture (Calculation of Value for Compensation) Regulations 1978 in Wales, alongside three instruments that amended those regulations. And by revoking the 1978 regulations, landlords and tenants will be able to settle compensation claims using current market values and calculation methods that suit their individual circumstances. The Welsh Government has laid its explanatory memorandum, following comments made by the Assembly Commission lawyers. Any comments or observations?

Perhaps I should declare an interest at that point, as my husband runs a farm that's currently governed by these rules.

Okay. So, we note that.

We move on to item 2.3, then, affirmative resolution instruments. We're on to the Agricultural Holdings Act 1986 (Variation of Schedule 8) (Wales) Order 2019. This Order amends Part 1 of Schedule 8 to the Agricultural Holdings Act 1986, as it applies to Wales. The new paragraphs provide for compensation to be paid for improvements resulting from the application to the land of soil improvers, digestate, manure and fertiliser, and it also provides for improvements resulting from manure that is held in storage and has arisen from the consumption of corn or other feeding stuff not produced on the holding by livestock and members of the horse family on the holding. Any comments or observations? No.

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

Item 3, negative resolution instruments. The Agriculture (Model Clauses for Fixed Equipment) (Wales) Regulations 2019. You've before you a report, regulations and explanatory memorandum. These regulations revoke and replace, in relation to Wales, the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973. They prescribe terms as to maintenance, repair and insurance. Comments or observations?

The draft report includes a reporting point, on pack page 6, regarding the translation of one particular term. Having considered further, we don't think it's a point that needs to be raised. The Welsh Government also does not think it's a point that needs to be raised, as noted in the Welsh Government response that Members should have in hard copy. So, if Members are content, this draft report can become a clear report.

Okay. So, we'll have that as a clear report. Everyone agreed? Any other comments or observations? If not, we move on. 

4. Offerynnau a drafodwyd yn flaenorol ar gyfer sifftio ac sydd bellach yn destun gwaith craffu o dan Reolau Sefydlog 21.2 a 21.3
4. Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3

The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019. These are regulations that make corrections to the drafting of several Welsh EU exit statutory instruments and other Welsh primary and secondary legislation. Any comments or observations? If not, we move on to item 5.

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

Papers to note. A letter from Lord Kinnoull, Chair of the European Union Committee of the House of Lords on the interparliamentary forum on Brexit. The letter is dated 27 September 2019. Lord Boswell, of course, was very supportive of some of the work we were doing in Wales; obviously, as he stands down, there's a new chair of the committee. I just propose that we write to Lord Boswell, and thank him for the work he did, and the support, in particular, that he gave to the matters that we referred to him, and respond to Lord Kinnoull appropriately. Is that agreed?

12:15

I'd just note to Lord Kinnoull that you're the Chair of this committee, not the committee that meets next door. 

Yes, of course. 

Item 4.2: a letter from the Counsel General to the Chair of the Finance Committee on the Senedd and Elections (Wales) Bill. Do we note it? Okay.

Item 4.3: a letter from the Minister for Health and Social Services on the transfer of responsibility for the stop smoking Wales service from Public Health Wales NHS Trust to local health boards—letter of 30 September 2019. Noted? 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

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.

In accordance with Standing Order 17.42(vi), I invite the committee now to resolve to exclude the public from the remainder of the meeting. Is that agreed? Okay. We now move into private session.

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 12:16.

Motion agreed.

The public part of the meeting ended at 12:16.

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