Legislation, Justice and Constitution Committee

We move to item 2: instruments that raise issues to be reported to the Senedd under Standing Order 21.7. The Children and Families (Wales) Measure 2010 (Commencement No. 10) Order 2025. These regulations represent the tenth commencement Order made by the Welsh Ministers under the Children and Families (Wales) Measure 2010. The Order brings into force section 71 of that Measure, which is a general interpretation provision. Senedd lawyers have identified one reporting point. A Welsh Government response has not been received. Jen, would you like to take us through the reporting point?

Thank you, Chair. The point seeks an explanation from the Welsh Government as to why it is bringing a general interpretation provision into force now, when the provision contains defined terms that are already included in provisions that have previously been brought into force.

Diolch yn fawr. Thank you. Are Members content with asking that? Do Members wish to ask anything else? No.

That takes us to item 3.1, a made negative resolution instrument, the Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025. These regulations establish a unified process for applying and consenting to major infrastructure projects, such as those related to energy, transport, waste and water. This new process replaces several existing statutory regimes, and clarifies which consents are required or superseded. The regulations amend secondary legislation to reference the new Act, make transitional provision, and revoke regulations relating to developments of national significance. Senedd lawyers have identified 21 technical points. Firstly, Jen.

Thank you, Chair. So, nine points require further explanation regarding the incorrect usage of the references to paragraphs and subparagraphs. There are six points that highlight inconsistencies between the meaning of the English and Welsh texts. Two points seek clarity relating to text that appears to be inserted in the wrong place by some of the amendments in the regulations, and the remaining points seek clarity as to why the regulations don't all come into force at the same time, whether the correct wording is used for text that is being inserted into an existing statutory instrument, the use of unusual terminology, and the insertion of definitions that aren't used in the regulations. So, a Government response is awaited in relation to all of those.

Thank you, Jen. Any other Members wish to raise anything? Okay, if you could send those on, whoever sends them on. Thank you.

Affirmative resolution instruments, the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2025. These regulations amend Schedule 9 to the Procurement Act 2023 to include the procurement chapters of new international agreements between the UK and the Republic of Iraq and the Republic of Kazakhstan. They ensure that suppliers from these countries receive equal treatment to domestic suppliers when bidding for contracts covered by the agreements. Senedd lawyers have identified one technical reporting point. Over to you, Jen.

Thank you, Chair. The point is the defective drafting point relating to the lack of meaning given by the regulations to the term 'below threshold contract'. The term is defined in the parent Act, but due to the effects of the Legislation (Wales) Act 2019, it should be defined again in these regulations.

Are we happy to send that comment? Any other comments? No.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.7, previously considered. Correspondence from the Cabinet Secretary for Housing and Local Government on Electoral Commission codes of practice. Members are invited to note the correspondence with the Cabinet Secretary for Housing and Local Government. The letters discuss the withdrawal of the Electoral Commission codes of practice for Senedd elections due to errors identified in a report by this committee, and describe ongoing work between the Welsh Government and the Electoral Commission to amend and re-lay the codes. Do Members have any comments? No.

Item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3, previously considered. The Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 17 November and laid its report the same day. Members are invited to note the Welsh Government's response to the report. Jen, do you have anything to add?

Thank you, Chair. Just to note that the Welsh Government has provided further explanations, as requested in the committee's report, but noted that it doesn't agree with two of the reporting points relating to inspections under the regulations. So, the Government has confirmed it won't be taking any further action in relation to these regulations.

Thank you very much. Do Members have anything to raise? No.

Item 5.2, the Basic Payment Scheme (Tapering, Payment Entitlements and Closure) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 17 November and laid its report the same day. Members are invited to note the Welsh Government's response to the report. Jen, is there anything to raise from the Welsh Government's response?

Thank you, Chair. Just to say that the Welsh Government has acknowledged that an attempt in the regulations to revoke a provision has no legal effect as it was already revoked in relation to Wales. In relation to the other two technical reporting points, the Government has acknowledged them, but doesn't intend to take any further action. Then there are also some further details of consultation that were carried out in relation to these regulations included in the Government's response.

Thank you. Do Members have anything to raise? No.

Item 5.3, the Health Impact Assessment (Wales) Regulations 2025. Members are invited to note the written statement by the Cabinet Secretary in relation to these regulations, which require 56 public bodies to conduct health impact assessments for strategic decisions. These regulations were the subject of concerns outlined in a letter from this committee in relation to the eight-year delay between the passing of the parent Act and the making of these regulations. The regulations take effect on 6 April 2027. Do Members have any comments? No.

The Climate Change (Carbon Budget) (Wales) Regulations 2025, the Welsh Government's response. The committee considered this instrument at last week's meeting and laid its report the same day. Members are invited to note the Welsh Government's response to the report. Jen, do you have anything to raise?

Thank you, Chair. Just to note that the Welsh Government has expressed its gratitude to the committee for raising a failure to define a term in these regulations and has confirmed that that will be corrected before the regulations are made.

Thank you.

The Climate Change (Net Welsh Emissions Account Credit Limit) (Wales) Regulations 2025, the Welsh Government response. This committee considered this instrument at last week's meeting and laid its report the same day. Members are invited to note the Welsh Government response to this report. Jen, is there anything to raise from the Welsh Government's response?

It's the same as in relation to the previous set of regulations, Chair, that the failure to define a term is going to be corrected before the regulations are made.

Thank you.

Item six, notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Welsh Government on meetings of inter-ministerial groups. A letter from the Cabinet Secretary for Health and Social Care on the Interministerial Group for Health and Social Care. The Cabinet Secretary for Health and Social Care informs us of a meeting of the Interministerial Group for Health and Social Care that took place on 25 September 2025. If Members have no comments, then we'll move on to the next item.

A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the fourth biannual Welsh Government Retained EU Law (Revocation and Reform) Act 2023 update. The Deputy First Minister's written statement provides an update on regulations made under the Retained EU Law (Revocation and Reform) Act 2023 between December 2024 and June 2025. During this reporting period, the Welsh Ministers have not made any regulations under the Act. However, they have consented to the use of concurrent powers in the Act for three statutory instruments. During the same period, the UK Government laid 12 statutory instruments using powers under the Act. Of these, nine were in wholly reserved areas. If Members have no comments, then we'll move on to the next item. Do Members have any comments? No.

A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025. The Deputy First Minister's written statement confirms that the Welsh Government has given consent for the UK Government to make the Biocidal Products (Data Protection Periods (Amendment) Regulations 2025, which were laid in UK Parliament on 26 November. Do Members have any comments? No.

Item 7, papers to note. Correspondence from the Cabinet Secretary for Finance and Welsh Language: Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill. Members are invited to note correspondence from the Cabinet Secretary following our evidence session on this Bill on 10 November. The letter provides written responses to committee questions that were not addressed during the session. The committee will consider the first draft of its report on this Bill next week. Also, we've been copied into a response to the Chair of the Economy, Trade and Rural Affairs Committee with additional information about the development of this Bill. Do Members have any comments? No.

Correspondence from the Counsel General and Minister for Delivery to the Llywydd: new design of Welsh statutory instruments. The Counsel General's letter concerns a new design for Welsh statutory instruments, which will differ from the current format, where the Welsh language and English language texts appear alongside each other in two columns. In the new design, the Welsh language text will appear first in full-page format, followed by the English language text in the same format. A new typeface and a change to the formatting of footnotes will also be incorporated. The Counsel General states that a Welsh language impact assessment of this new design has been completed and will be published on the Welsh Government website. She also states she will be writing to the King's Printer for Wales to explain the importance of making both the Welsh and English HTML versions of Welsh statutory instruments available in such a way as to enable readers of the legislation to consider both at the same time in a straightforward way. She will be urging the King's Printer to make the requirement improvement to the legislation.gov.uk website and suggests we may want to do the same. Do Members have any comments? No. Okay. Thank you very much.

Item 7.3, written statement by the Cabinet Secretary for Transport and North Wales: side-road zebra crossings in Wales. The Cabinet Secretary informs us of plans to lay legislation before the Senedd in February 2026 to permit highway authorities to install side-road zebra crossings on 20 mph roads. The legislation is proposed to come into force in March 2026. Do Members have any comments? I've got two. One is that there are a number of 20 mph roads that have got zebra crossings; they had them there when they were 30 mph roads. I've followed highway Acts in quite some depth, and I've never heard the term 'side road' used. We've got A roads, B roads and C roads and roads that have not got a category, but the term 'side road' I haven't seen before. Does anybody know where that comes from? No. Can we perhaps ask the Minister?

Item 7.4, correspondence from the Member Accountability Bill Committee to the Business Committee: Senedd Cymru (Member Accountability and Elections) Bill—impact of the timetable on scrutiny. The Chair of the Member Accountability Bill Committee has written to the Business Committee to express his concern about the limited time available for scrutinising this Bill, which restricts the committee's ability to thoroughly examine its provisions. The committee says that the late introduction of the Bill and the compressed timetable undermine their capacity to report effectively on its general principles. Do Members have any comments? No.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: Public Office (Accountability) Bill legislative consent memorandum. The Deputy First Minister responded to our letter dated 6 November requesting further information on the Bill and the Welsh Government's associated legislative consent memorandum. Members may wish to discuss this in the private session, so we will move on to the next item.

Item 7.6, correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: update on the UK emissions trading scheme. The Deputy First Minister informs us that the UK emissions trading scheme authority has decided to include maritime emissions in the UK emissions trading scheme. This would require legislation to amend the Greenhouse Gas Emissions Trading Scheme Order 2020 to be laid in the standards in January 2026. Do Members have any comments? No.

Item 7.7, written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: deposit-return scheme application for deposit management organisations. The Deputy First Minister has announced the opening of the application process for a deposit management organisation to operate Wales's deposit-return scheme, with the intention of aligning implementation with other UK nations and supporting a phased approach to the inclusion of glass and the principle of reuse in the scheme. Do Members have any comments? No.

The next item is item 8. Can I ask Members that, in accordance with Standing Order 17.42(vi) and (ix), the committee resolves to exclude the public from the remainder of the meeting. Do Members agree? Yes.