Legislation, Justice and Constitution Committee

So, we move to item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.7. The code of practice on the exercise of social services functions in relation to Part 4, direct payments and choice of accommodation, and Part 5, charging and financial assessment, of the Social Services and Well-being (Wales) Act 2014. The code of practice is issued under the Social Services and Well-being (Wales) Act 2014. Local authorities, when exercising their social services functions, must act in accordance with the code. The code has been revised to add the lesbian, gay, bisexual and transgender financial recognition scheme, which was introduced in the Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2025, to the list of forms of capital that should be fully disregarded in the financial assessment for charging for all forms of care and support. The revisions to the code also include amendments to charging and financial assessments regulations. Senedd lawyers have identified 30 reporting points. So, over to you, Jen.

Thank you, Chair. This report is prepared under Standing Order 21.7, so the reporting point headings are not used in quite the same way as the more usual reporting points under Standing Orders 21.2 and 21.3. However, 30 points have been raised in relation to this code. One point relates to a lack of consultation, which is required under the Social Services and Well-being (Wales) Act 2014. Three points relate to an inconsistent use of various defined terms or a lack of definitions throughout the code, including some differences between the English and Welsh texts. Five points relate to a lack of clarity or potential confusion arising from the drafting. Two points relate to defects in the drafting. And then there are 19 points that relate to inconsistencies between the Welsh and English texts. A Welsh Government response has been requested in relation to these points that have been raised, but we have not yet received that.

Thank you, Jen. Is it that, at some stage, we ought to be having a discussion with the Welsh Government about the inconsistencies between the English and the Welsh? I just ask that to my colleagues. I think that one thing that we've got used to now is that there are inconsistencies in the Welsh and English a number of times in it. I'm happy with everything you've raised there, but is it time we asked to speak to whoever the appropriate person is in Welsh Government to discuss why we keep on having these? Alun's nodding. Sam's nodding.

Rwy'n meddwl, Cadeirydd, efallai byddai'n fuddiol inni gael trafodaeth ehangach ynglŷn â chysondeb y Gymraeg mewn cyfreithiau—mae yna gyfeiriad at hyn yn y rhifyn cyfredol o'r cylchgrawn Barn—felly, nid yn unig y cwestiwn o'r cysondeb rhwng y Gymraeg a'r Saesneg, ond hefyd y cysondeb yn y termau sydd yn cael eu defnyddio mewn gwahanol gyfreithiau yn y Gymraeg. Mae hynny hefyd yn peri dryswch, felly, efallai fod modd inni gyplysu'r pethau yma i mewn i sesiwn ar ddwyieithrwydd, ond hefyd ansawdd a chysondeb y Gymraeg mewn cyfreithiau—mewn Deddfau, hynny yw.

Thank you, Adam. I agree entirely with that. I think that we can agree with the points that Jen gave us this morning, but I think we do need to have that wider discussion. I can't be the only one to notice that, nearly every time we have one of these reports, the English and Welsh don't say the same things, and that can't be good.

Are we happy to accept Jen's suggestion and also to look to have a further, wider discussion? Yes. Okay. Thank you very much.

Item four, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3, previously considered. Item 4.1, the Senedd Cymru (Representation of the People) Order 2025. The committee considered this instrument at its meeting on 2 June and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. We also have a letter from the Cabinet Secretary, which responds to our letter of 4 June. Jen, do you want to raise anything on the Welsh Government response?

Thank you, Chair. So, yes, the Welsh Government has confirmed it will correct all of the inconsistencies between the Welsh and English texts that were flagged in the committee's report. It's also going to correct the use of gender-specific language, along with three of the points that were raised in relation to defective drafting and two where further explanation was requested. These corrections are stated as going to be made to the Order before it is made, although Members may wish to consider whether it's appropriate for the correction-prior-to-making procedure to be used to correct the 24 points that are listed in the five pages at the end of the Government's response in the pack of papers.

With regard to the three remaining defective drafting points, the Welsh Government confirmed that it was satisfied with the provisions as drafted, and, similarly, in relation to the remainder of the points raised where a further explanation was required, the Welsh Government has provided that explanation on each occasion and confirmed that it doesn't consider that the Order needs to be amended further to deal with those points.

And just finally, with regard to one of the merits points that were raised, Members may wish to note that the Welsh Government has confirmed that it is content for the Electoral Commission to make regulations under the Order relating to the provision of information by individual candidates regarding their election expenses and donations without such regulations being subject to any form of notification to the Welsh Government or the Senedd.

Okay, thank you. Are we happy with that? Yes.

Moving on, notifications and correspondence under the inter-institutional relations agreement.

Excuse me, Chair. Alun would like to speak.

Sorry, I didn't see you, Alun.

Sorry, I had my hand up. I thought the Cabinet Secretary's response was a bit mealy mouthed in terms of minor corrections. There's a large number of corrections needed to this Order before it can be made and I think there needs to be, as we raised in the previous agenda item, a really serious response from Welsh Government on the sheer number of mistakes that are being made by their drafters, and I think that's something that we should raise with them.

In terms of the conduct Order itself, I recognise the response from Government, and they are agreeing to correct most of the errors that they've made. However, one of the really key parts and elements of the administration of the election is the automatic registration, which the Government has agreed will be in place for next year's election. So, would it be possible for us as a committee to write back to the Cabinet Secretary making the point that, by the time the Order is placed in front of the Senedd, we will also have confirmation that they will be moving ahead with the automatic registration prior to other matters being put in place?

I'd be happy with that. Are other colleagues in agreement? Yes. Okay. Thank you.

Now on to item 5, notifications and correspondence under the inter-institutional relations agreement. We have various notifications under this item this week: firstly, a letter and written statement from the First Minister in relation to a meeting of the Council of the Nations and Regions, which took place on 23 May. The written statement details the inter-governmental meetings and discussions that took place, which included trade and artificial intelligence.

Next we have the Cabinet Secretary for Economy, Energy and Planning informing us that a meeting of the Interministerial Group on UK-EU Relations took place 12 May. Then we have a letter from the Cabinet Secretary for Housing and Local Government informing us that a meeting of the Interministerial Group for Elections and Registration will take place on 30 June.

We also have a letter from the Cabinet Secretary for Transport and North Wales in relation to a meeting of the Interministerial Group for Transport, which took place on 5 March. Discussions included the Holyhead port closure following storm Darragh, as well as taxation and the use of e-scooters.

Finally, we have a letter from the Cabinet Secretary for Economy, Energy and Planning in relation to a meeting of the Interministerial Group for Trade on 2 June. The Cabinet Secretary states that the discussion included the US-UK economic prosperity deal and the UK-India free trade agreement, as well as the UK-EU common understanding agreement.

Members may wish to note these now and we'll consider them, if we want to, in private session. Happy? Alun.

I and Adam raised many of these issues in the inter-parliamentary forum in Westminster last week, particularly, perhaps, Adam, if you agree, some of the issues around constitutional reform and the Barnett formula—the operation of the Barnett formula, that is. I think the announcements last week on rail funding underpin and emphasise the need for reform of Barnett, significant reform of Barnett. We have invited a Treasury Minister to Cardiff in the autumn to discuss this matter, but it may be useful for us as a committee to look at the inter-governmental relationships and how they are approaching issues such as Barnett and such as some of the constitutional reform items that we discussed and debated last week in Westminster.

Okay. Is everybody else happy to do that? Yes. Thank you, Alun.

Item 5.2, written statement and correspondence by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, the Marking of Retail Goods Regulations 2025. The Deputy First Minister’s letter informs us that he has given consent to the UK Government to make these regulations. He regrets that he was unable to provide prior notification of his intention to consent notification, due to the timing of the final draft of the regulations being received by Welsh Government. His letter states that

'The Regulations provide a power for the Secretary of State to issue notices to require “not for EU” labelling on specific GB market food and drink products with a requirement to consult with devolved governments before making a decision.'

He also says that small businesses will be exempt from these requirements. Are Members content to note this? Okay. Thank you.

Item 6 is papers to note. We have none.

Therefore, on item 7, I move the motion under Standing Order 17.42. I invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? Yes.