Meetings

Business Committee noted the recommendation made by the Public Accounts and Public Administration Committee in its report on public appointments and agreed to consider its response as part of its forthcoming consideration of its procedural work programme for the time remaining in the current Senedd term.

Business Committee considered its Procedural Work Programme and agreed to meet in a series of additional meetings to consider procedural matters, and that the first of the additional meetings will be used to prioritise the procedural work to be taken forward in the time remaining in this Senedd term.

The Committee agreed that the secretariat would bring forward a proposed schedule for the additional meetings. 

·         Cover paper

·         Letter from the Chair of the Future Senedd Committee

·         Review of Standing Order Thresholds report

Business Committee noted the Future Senedd Committee’s report ‘Review of Standing Order Thresholds’ and its recommendations, and agreed to:

• consider advice during the summer term on the level of the threshold in Standing Orders for forming political groups (and related matters) ahead of the Seventh Senedd;
• consider advice during the summer term on potential changes to the nomination process for committee chairs alongside other potential changes to that process which could arise from the introduction of job-sharing for committee chairs, and to return to further work on job-sharing following this; and
• return to consider final proposals relating to the remaining recommendations at a later date.

Any Other Business

Business Committee meeting – 18 March

The Llywydd discussed the Committee’s meeting on 18 March. Business Managers agreed a proposal for the meeting to be held in person and to incorporate a visit to Siambr Hywel, ahead of Plenary meetings moving there following the Easter recess in order to enable expansion works to be undertaken on the Senedd Siambr.

Business Committee considered an update on potential changes to Standing Orders relating to procedures for scrutiny of legislation relating to the United Kingdom Internal Market Act 2020 and UK-wide common policy frameworks.

The Trefnydd stated that the Welsh Government does not consider it necessary to make changes to Standing Orders at the present time, in light of a statutory review of the Act announced by the UK Government. Business Committee agreed to return to consider potential amendments to Standing Orders further following the UK Government’s review and its own reviews of the Public Bill and Member Bill processes.

The Business Committee considered an initial scoping paper containing a proposed scope, approach and timescales for reviewing the Public Bill and Member Bill processes.

Business Managers agreed the proposals (subject to minor changes) and requested background information on arrangements in other parliaments for Explanatory Memorandums and Member Bills.

Business Committee noted the letter and agreed that it will respond to share details of its approach, timescales and intentions for the legislative reviews, including the opportunities for Members to contribute.

The Business Committee considered and agreed the proposed approach to its procedural work programme and the illustrative timetable for this work up to Easter 2025.

Business Committee considered its Procedural Work Programme and the interaction between a number of items within the programme and the remit of the proposed Future Senedd Committee. In relation to the proposed reviews of the legislative scrutiny process for public Bills and the Member Bill process, Business Committee noted that it would retain responsibility for both reviews, but that it may need to take account of any proposals made by the Future Senedd Committee that are relevant to those, and other, aspects of its programme.

Business Committee agreed:

·         the proposed scheduling of its procedural work; and

·         not to commence a full review of the legislative consent process as part of the programme at the present time, but to consider the position in light of experience when considering a further update to the programme in the Spring term.

Business Committee considered the paper and agreed that the proposed new committee should be titled the Future Senedd Committee/Pwyllgor Senedd y Dyfodol.

Business Committee had a further discussion of the precise remit for the Future Senedd Committee and agreed to consider and agree some minor changes outside of the meeting.

Business Managers agreed to confirm the membership of the Committee to the secretariat and for a motion proposing the establishment of the committee to be laid for consideration by the Senedd in Plenary on Wednesday 16 October.

Business Committee returned to consider the current guidance on virtual and hybrid proceedings following discussions with their groups. Business Committee agreed that the guidance relating to the locations from which Members are able to join proceedings should be amended to state that Members would not be able to contribute whilst in a vehicle or using public transport. Business Managers also agreed that Members attending virtually should be expected to adhere to the same standards of behaviour and courtesy as those attending in person.

Business Committee agreed to trial the introduction of a system whereby Members wishing to vote remotely in Plenary would be required to notify the Llywydd in advance.

Business Managers noted that draft changes to the guidance, including those proposed by the Chairs’ Forum relating to Committee proceedings, and proposals related to the arrangements for a trial of advance notification of an intention to vote remotely, will be presented at a future meeting.

Business Committee discussed the operation of the current guidance on virtual and hybrid proceedings, including matters relating to the locations from which Members can join Plenary proceedings and the ability to accommodate high numbers of Members joining remotely at voting time.

The Committee noted the merits of hybrid proceedings but acknowledged the challenges that this can sometimes present for the chairing of meetings and the need to ensure professionalism at all times. Business Committee also noted that the Chairs Forum has indicated a desire for some changes to be made to aspects of the guidance relating to committee proceedings.

Business Managers agreed to discuss the issues raised with their groups and to return to a further discussion of possible amendments to the guidance at a future meeting.

Business Committee considered issues and options relating to the scope of its planned procedural review in response to Senedd reform. Business Committee agreed to conduct a broad review to include discretionary areas, in addition to essential requirements and commitments it has previously given, and to return to consider a detailed plan and timeline for the review in the autumn term.

Heledd Fychan asked that the gender balance of committee membership be considered as part of the work and the Llywydd noted that work would also need to be done on voting arrangements relating to a potential additional Deputy Presiding Officer.

Business Committee returned to a further discussion of options for allowing more time between legislative amendment tabling deadlines and proceedings on those amendments.

Business Committee unanimously agreed that these matters should be considered as part of the scheduled full review of the legislative scrutiny process.

Darren Millar and Heledd Fychan also proposed that a temporary change should be taken forward ahead of the full review to provide additional time between tabling deadlines and proceedings. They suggested that such a change would improve scrutiny and the quality of debates.

The Trefnydd stated that the government would not support temporary changes being made ahead of the review due to concerns about the impact it might hold for Government's ability to prepare amendments and to manage the legislative timetable. She also noted that the Government was working more closely with non-Government Members during the amending stages.

Business Managers agreed to discuss the matter further outside of the Committee.

Business Committee considered a paper containing options for allowing more time between legislative amendment tabling deadlines and proceedings on those amendments.

The Committee agreed to return to the matter at its next meeting for further discussion of the possibility of bringing forward the amendment tabling deadline to seven days in advance of proceedings on an interim basis, ahead of the broader review of the legislative scrutiny process scheduled in its procedural work programme.

Business Committee considered proposed criteria to help guide future decisions on the timetables for Bills when an expedited scrutiny period is requested.

Darren Millar requested an additional consideration be included in relation to whether the Bill in question contained provisions of a potentially contentious nature.

Business Committee agreed to consider the proposed addition by email and, subject to its agreement, to adopt the criteria for future use when it receives requests to agree an expedited timetable for scrutiny of a Bill.

Business Committee noted an update on the proposed scheduling of its procedural work.  

The Business Committee considered a paper on expedited timetables for Senedd Bills. The Committee noted the experience of the two Bills outlined in the paper and requested that officials draft a decision-making tool that could be used to assist it to make future decisions on timetables for Bills when an expedited timetable has been proposed.

Darren Millar requested that consideration be given to the length of time available to Members to prepare for Stage 2 and Stage 3 proceedings on Bills following the tabling deadlines for amendments. Business Committee asked officials to provide a note concerning these matters, to include the recent experience of the Infrastructure (Wales) Bill.

·       Response from the Health and Social Care Committee

·       Response from the Legislation, Justice and Constitution Committee

·       Response from the Chairs’ Forum

·       Correspondence from the Counsel General and Minister for the Constitution

·       Paper on the procedures required for scrutiny of legislation relating to the United Kingdom Internal Market Act 2020 and UK-wide common policy frameworks

Business Committee considered responses received from the Health and Social Care Committee, the Legislation, Justice and Constitution Committee, the Chairs’ Forum and the Counsel General and Minister for the Constitution to proposals to amend Standing Orders.

Business Committee agreed to share the responses received and to provide an opportunity for those who have provided information already to provide further reflections, before returning to the matter of whether to make amendments to Standing Orders at a future meeting. 

Business Committee noted an update on, and agreed the proposed scheduling of, its procedural work programme.

Business Committee considered a paper on procedural preparedness for Senedd reform and agreed in principle to commence consideration of areas of procedural reform in autumn 2024.

Business Committee also agreed to explore the possibility of holding workshop sessions with interested Members in Spring 2024, in order to inform the development of this work.

Following recommendations previously made by the Legislation, Justice and Constitution Committee and the Health and Social Care Committee, Business Committee considered proposals for:

• amendments to Standing Orders to ensure that documentation accompanying Welsh Government Bills and Subordinate Legislation includes an assessment of the impact of the United Kingdom Internal Market Act 2020 (UKIMA);
• a new Standing Order which would require the Welsh Government to notify the Senedd of the effect of legislation in other parts of the UK which, by virtue of the UKIMA, might impact the sale of goods and services in Wales; and
• notification of the impact on Senedd legislation of UK-wide common policy frameworks.

The Trefnydd stated that the Welsh Government does not consider the proposals to be necessary on the basis that it does not consider that the United Kingdom Internal Market Act has an impact on legislation passed by the Senedd.

Business Committee agreed to seek the views of the Legislation, Justice and Constitution Committee, the Health and Social Care Committee and the Chairs’ Forum on the proposals, with a view to returning to the issue at a later meeting.

Business Committee noted a paper on the introduction of time limits for ministerial answers in the Scottish Parliament and agreed to return to a further discussion on this subject once more information about the effect of the change in Scotland is available.

Business Committee considered and agreed proposed changes to guidance on Topical Questions, relating to the publication process, the provision of supporting information by Members and the maximum number of Topical Questions that will ordinarily be accepted per session.

Business Committee considered the paper and agreed to consult with the Legislation, Justice and Constitution Committee on the proposed approach to amending Standing Orders 21, 27 and 30C, and removing Standing Order 30B, with a view to subsequently proposing changes to the Senedd. 

Business Committee discussed feedback received from groups and a number of other matters concerning the current guidance and procedures for Topical Questions.

The Committee agreed that it would consider proposals for potential revisions to guidance at a future meeting.

Business Committee noted an update on the proposed scheduling of its procedural work.

Darren Millar proposed that consideration be given to establishing a time limit on ministerial responses to questions.

Business Committee agreed to review the relevant Standing Orders identified in recent recommendations of the Legislation, Justice and Constitution Committee in relation to the practical effect of the UK Internal Market Act 2020 on legislation made by, or impacting upon, the Senedd.

As part of the review, Business Committee noted that proposals will be produced in respect of the potential ways in which Standing Orders could be amended, and agreed that it would consult with the Legislation, Justice and Constitution Committee.

Business Committee also agreed to consider proposals to change current scrutiny arrangements for Common Policy Frameworks as recommended by the External Affairs and Additional Legislation Committee of the Fifth Senedd, in consultation with the Chairs’ Forum.

Business Committee considered and agreed an updated programme for its procedural work, including to give further consideration to the following items prior to the summer recess:

• The introduction of ‘grand debates’ in Plenary
• Post-Brexit procedural reforms
• Member Bills
• Matters arising as a result of the Retained EU Law (Revocation and Reform) Bill

The Committee agreed to give further consideration to procedural work which may be required as a result of Senedd Reform once legislation has been introduced.

Use of Assembly Time in Plenary

The Committee considered a paper with various options for introducing more variety in the use of Assembly time in Plenary.

Business Managers agreed to explore further options around Member statements; petition debates; public debates and topical and spokespeople questions.

As there was general support for the idea of committee statements, the Presiding Officer will write committee chairs to encourage them to bring forward statements on the work of committees from September onwards.

Use of Assembly Time

The Committee considered a paper with various options for introducing more variety in the use of Assembly time in Plenary.

Business Managers agreed to discuss the options with their groups and return to the matter at the next meeting.

Petitions Procedure

The Committee considered a paper on the recommendations in the review of Public Petitions Arrangements. Business Managers requested more detailed proposals to be brought forward in September after which the Committee would consult with the Petitions Committee

Member Bills

The Committee considered a paper on the current procedure to introduce Member proposed Bills and the issues that have arisen from that process.

Business Managers agreed to review the procedure before conducting the first ballot in the autumn and requested further options to consider in September.