Attendance
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Category
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Names
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Assembly Members:
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Mick Antoniw AM (Chair)
Dai Lloyd AM
David Melding AM
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Witnesses:
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Committee Staff:
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P Gareth Williams (Clerk)
Sarah Sargent (Second Clerk)
Mike Lewis (Deputy Clerk)
Gareth Howells (Legal Adviser)
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<AI1>
1
Introduction, apologies, substitutions
and declarations of interest
Apologies were received from Mandy Jones
AM.
</AI1>
<AI2>
2
Instruments that raise no reporting
issues under Standing Order 21.2 or 21.3
</AI2>
<AI3>
2.1
SL(5)238 - The Education (National
Curriculum) (Assessment Arrangements for Reading and Numeracy)
(Wales) (Amendment) Order 2018
</AI3>
<AI4>
2.2
SL(5)244 - The Education Workforce
Council (Membership and Appointment) (Wales) (Amendment)
Regulations 2018
</AI4>
<AI5>
2.3
SL(5)245 - The Landfill Disposals Tax
(Wales) Act 2017 (Site Restoration Relief) (Amendment) Regulations
2018
The Committee considered the instruments and
was content.
</AI5>
<AI6>
3
Instruments that raise issues to be
reported to the Assembly under Standing Order 21.2 or
21.3
</AI6>
<AI7>
3.1
SL(5)237 - The Food and Feed
(Miscellaneous Amendments and Revocations) (Wales) Regulations
2018
The Committee considered the instrument and
will report to the Assembly in line with reporting point
identified.
</AI7>
<AI8>
3.2
SL(5)239 - The Education (Student Loans)
(Repayment) (Amendment) (No.3) Regulations 2018
The Committee considered the instrument and
will report to the Assembly in line with the reporting point
identified. The Committee noted the Explanatory Memorandum refers
to a consultation undertaken however, there is no summary of the
consultation made available. The Committee will write to the
Cabinet Secretary to seek Education for clarification.
</AI8>
<AI9>
3.3
SL(5)240 - The Education (Student
Support) (Wales) (Amendment) Regulations 2018
The Committee considered the instrument along
with the Government response and will report to the Assembly in
line with the reporting point identified. The Committee noted that
the Government state in its response that there is no policy
change, however, the Regulatory Impact Assessment states, in
relation to both regulations 8 and 9, that “the regulation
has been made more permissive”. The Committee will write to
the Cabinet Secretary for Education to seek clarification.
</AI9>
<AI10>
3.4
SL(5)248 - The Food and Rural Affairs
(Miscellaneous Revocations) Regulations 2018
The Committee considered the instrument and
will report to the Assembly in line with the reporting point
identified. The Committee highlighted that the Explanatory
Memorandum makes no reference as to why the instrument is made in
English only. The Committee will write to the Cabinet Secretary for
Energy, Planning and Rural Affairs to seek clarification.
</AI10>
<AI11>
4
Instruments that raise issues to be
reported to the Assembly under Standing Order 27
</AI11>
<AI12>
4.1
SL(5)246 - Code of Practice for the
Welfare of Dogs
</AI12>
<AI13>
4.2
SL(5)247 - Code of Practice for the
Welfare of Horses
The Committee considered the Codes of Practice
and will report to the Assembly to highlight issues as a result of
the UK exiting the EU.
</AI13>
<AI14>
5
Instruments that raise no reporting
issues under Standing Order 21.2 or 21.3 but have implications as a
result of the UK exiting the EU
</AI14>
<AI15>
5.1
SL(5)241 - The Education (Student
Finance) (Miscellaneous Amendments) (Wales) Regulations
2018
</AI15>
<AI16>
5.2
SL(5)242 - The Cancellation of Student
Loans for Living Costs Liability (Wales) Regulations
2018
</AI16>
<AI17>
5.3
SL(5)251 - The Materials and Articles in
Contact with Food (Wales) (Amendment) Regulations 2018
The Committee considered the instruments and
will report to the Assembly to highlight issues as a result of the
UK exiting the EU
</AI17>
<AI18>
6
Statutory Instruments requiring Assembly
consent (Statutory Instrument Consent Memorandums)
</AI18>
<AI19>
6.1
SICM(5)3 - Environment, Food and Rural
Affairs (Miscellaneous Amendments and Revocations) Regulations
2018
The Committee considered the Statutory
Instrument Consent Memorandum and in the circumstances were content
with the approach adopted by the Cabinet Secretary for Energy,
Planning and Rural Affairs
</AI19>
<AI20>
7
Papers to note
</AI20>
<AI21>
7.1
Letter to the Llywydd from the Minister
for Children, Older People and Social Care regarding the Childcare
Funding (Wales) Bill
The Committee noted the letter to the Llywydd
along with the letter received from the Minister earlier that day
(circulated in hard copy) in response to the Committee’s
recommendations. Members noted that the Stage 1 Plenary debate on
the General Principles of the Bill is scheduled for the following
day, 18 September. Members agreed that if the Minister’s
further consideration of the Committee recommendations resulted in
significant amendments being made to the Bill, the Committee may
wish to consider the Bill at an appropriate point in time.
</AI21>
<AI22>
7.2
Letter to the Leader of the House
regarding European Union (Withdrawal) Act 2018 – regulations
made under Schedule 4
The Committee noted the letter to the Leader
of the House regarding Schedule 4 regulations and the response from
the Leader of the House received earlier that day (circulated in
hard copy).
</AI22>
<AI23>
7.3
Letter from the Leader of the House and
Chief Whip regarding regulations made under the European Union
(Withdrawal) Act 2018
The Committee noted the letter from the Leader
of the House.
</AI23>
<AI24>
7.4
Letter from the Leader of the House and
Chief Whip regarding regulations made under the European Union
(Withdrawal) Act 2018
The Committee noted the letter from the Leader
of the House, and agreed to respond to the Leader of the House in
due course.
</AI24>
<AI25>
7.5
Correspondence with the Cabinet Secretary
for Local Government and Public Services regarding Concordat with
the Ministry for Justice and the Welsh Government
The Committee noted correspondence with the
Cabinet Secretary for Local Government and Public Services and
agreed to write to the Cabinet Secretary to request a copy of the
reciprocal guidance once finalised.
</AI25>
<AI26>
7.6
Letter from the Chair of the External
Affairs and Additional Legislation Committee: Brexit
Transition
The Committee noted the letter from the Chair
of the External Affairs and Additional Legislation Committee. The
Committee and agreed to send the External Affairs and Additional
Legislation Committee a copy of the draft Inter-Institutional
Agreement that it is developing with the Welsh Government.
</AI26>
<AI27>
7.7
Letter from the Cabinet Secretary for
Education to the Children, Young People and Education Committee:
Additional Learning Needs Transformation
The Committee noted the letter from the
Cabinet Secretary for Education.
</AI27>
<AI28>
7.8
Letter from the Llywydd to Committee
Chairs: Senedd@
The Committee noted the letter from the
Llywydd.
</AI28>
<AI29>
7.9
Welsh Government Written Statement and
Supplementary Evidence to the Commission on Justice in
Wales
The Committee noted the written statement and
the supplementary evidence to the Commission on Justice in
Wales.
</AI29>
<AI30>
7.10The Royal
Society of Edinburgh - Advice paper August 2018: Scottish
Parliament Finance and Constitution Committee Common UK
Frameworks
The Committee noted the advice paper from the
Royal Society of Edinburgh.
</AI30>
<AI31>
7.11Statements: Introduction of UK Agriculture
Bill
The Committee noted the statements and agreed
to write Cabinet Secretary for Energy, Planning and Rural
Affairs.
</AI31>
<AI32>
7.12Welsh
Government response to the Committee's Report: Scrutiny of
Regulations made under the European Withdrawal Act 2018:
Operational Matters
The Committee noted the Welsh Government
response.
</AI32>
<AI33>
8
Motion under Standing Order 17.42 to
resolve to exclude the public from the meeting for the following
business:
The motion was agreed.
</AI33>
<AI34>
9
Draft Protocol with Welsh Government -
Scrutiny of regulations made under the European Union (Withdrawal)
Act 2018
The Committee considered the draft protocol
and agreed the next steps.
</AI34>
<AI35>
10 Statutory Instruments made by UK Ministers requiring
Assembly Consent: practice in light of Brexit
The Committee considered and agreed the
approach already adopted by the Welsh Government in relation to
Statutory Instruments Consent Memoranda relating to Brexit
legislation.
</AI35>
<AI36>
11 Legislating for the Withdrawal Agreement between the
UK and the EU: Update
The Committee noted the update.
</AI36>
<AI37>
12 House of Commons Public Administration and
Constitutional Affairs Committee Report - Summary
The Committee considered the summary.
</AI37>
<AI38>
13 Forward Work Programme
The Committee considered its forward work
programme for the autumn term.
</AI38>
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