Legislation, Justice and Constitution Committee

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3, made negative resolution instruments. The Bread and Flour (Wales) Regulations 2025 make provision in relation to bread and flour that are to be sold in, or imported or moved into, Wales. They revoke and replace the 1998 regulations insofar as those regulations apply in relation to Wales. These 2025 regulations amend provisions on the mandatory fortification of non-wholemeal wheat flour by adding folic acid to the list of required substances and update existing requirements for the mandatory addition of calcium carbonate, iron, niacin and thiamine. The regulations also include exemptions for flour produced by small mills, introduce an improvement notice approach to enforcement, and contain transitional provision.

Senedd lawyers have identified five technical and one merits points. A Welsh Government response has not yet been received. I take it that's still the case. Yes. Kate, from our legal team, would you like to run through the reporting points?

Thank you. Four of the technical reporting points are seeking further explanation from the Welsh Government on certain matters. So, for example, the first point is asking about the Welsh language definition of ‘flour’, because the English language definition provides that flour includes meal, but in the Welsh text, the term ‘blawd’ is used for both ‘flour’ and ‘meal’, so the Welsh Government's just been asked whether they considered using an alternative term in order to properly distinguish those two different concepts. The final technical point identifies potentially defective drafting arising from a possible typographical error in one of the tables in the regulations. The merits point is just to note that the explanatory memorandum sets out how the regulations have been developed under the common frameworks. And we're waiting for the Welsh Government to provide a response to the technical reporting points.

Thank you, Kate. Alun or Adam, anything to add? Yes, Adam.

I have been reading into the background of the policy that is being applied across the United Kingdom. Some experts have raised the question of the danger that arises if people have too much folic acid in some circumstances. I think Governments across the United Kingdom have committed to seeking to change other foods that are fortified with folic acid on a voluntary basis. So, perhaps that needs to be looked at in order to amend the threshold in terms of folic acid so that it isn't surpassed.

In addition, some experts have expressed concerns that, for some people, these fortifications, if they meet the threshold, could have a detrimental impact, especially on older people, so I wonder whether we should be drawing the Senedd's attention to those other considerations. In other words, there is a difference of opinion on this issue, and that is what reflects the very long-running discussion on this decision with regard to fortification for many years.

Okay. Over to you, Kate.

We can add a reporting point to the draft report and an additional merits point that makes those points. If you think any further information is required from the Welsh Government, we can ask that in the merits point or we can simply make them points to note, just to draw them to the Senedd's attention, whichever you'd prefer.

Alun, any view?

I have no view on this matter.

That makes two of us. So, are we happy to—? Adam, do you want to say something?

Some experts have suggested that the additives should be extended to include vitamin B12, for example, and that, according to some, deals with some of the negative side effects that I have mentioned.

Kate, can we do that as well?

Yes, we can draft an additional merits point and add that to the report for you.

Are we now happy? Yes.

Moving on to affirmative resolution instruments, the Welsh Elections Information Platform Regulations 2025. These regulations make provision for a Welsh elections information platform, as required by section 26 of the Elections and Elected Bodies (Wales) Act 2024. The platform is intended to provide up-to-date information to electors to support their participation in Senedd elections and ordinary elections to principal councils in Wales. The regulations set out what information must be placed on the platform, such as information about candidates, political parties and accessibility arrangements. Senedd lawyers have identified five technical and three merits reporting points. A Welsh Government response has not yet been received. Kate, would you like to run through the reporting points?

The first technical reporting point identifies potentially defective drafting in relation to the definition of 'candidate' in regulation 2. In particular, we've suggested that the definition should more clearly differentiate between an individual and a party list candidate. The remaining four technical reporting points are each seeking further information from the Welsh Government. So, for example, the second reporting point asks the Welsh Government why the duty on the platform operator to publish information does not extend to publishing information about registered political parties in the context of ordinary elections to principal councils in Wales.

The first merits point is noting the paragraph in the explanatory memorandum that explains that references in these regulations to the 2007 conduct Order will be amended to refer to the new conduct Order, once this has been made. The second merits point notes that, in accordance with regulation 16, no person will incur civil or criminal liability in respect of the publication of the content of an election address or candidate statement on the platform, other than the candidate and their election agent or registered political party. And then, the final merits point notes that paragraphs 22 and 23 of the regulatory impact assessment, which is included in the explanatory memorandum, set out the estimated costs associated with these regulations, and we're waiting for a Welsh Government response to each of the technical reporting points.

Thank you very much, Kate. Do Members have anything they want to add? No. Are we happy to agree these reporting points? I take that to be a 'yes'.

Moving on to item 4, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. The committee considered this instrument at its meeting on 10 February and laid its report on the same day. Members are invited to note the Welsh Government's response to the report, which has since been received. Kate, do you have anything to raise from the Welsh Government response?

We've got no further comments on this one.

Thank you, Kate. Members, no comments? Okay.

Moving on to notifications and correspondence under the inter-institutional relations agreement—correspondence from the Welsh Government on meetings of inter-ministerial groups. We have five letters under this item today. Firstly, the Deputy First Minister informs us of a meeting of the Inter-Ministerial Group for Environment, Food and Rural Affairs that took place on 27 January. Secondly, we have a letter from the Cabinet Secretary for Housing and Local Government in relation to a meeting of the Interministerial Group for Elections and Registration that took place on 12 February. The third letter in our pack is from the Cabinet Secretary for Transport and North Wales regarding a meeting of the Transport Interministerial Standing Committee that took place in November. The fourth letter is another from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs regarding a meeting of the Interministerial Standing Committee that took place in December. Topics of discussion at that meeting included the common frameworks programme and the statutory review of the United Kingdom Internal Market Act 2020 this year. The Deputy First Minister states that an item on the Sewel convention and UK legislation was not discussed due to time constraints, but he expects these issues to feature in future meetings. The fifth item is in our supplementary pack and is a written statement by the Cabinet Secretary for Economy, Energy and Planning in relation to a meeting that took place in January of the Interministerial Group for Business and Industry. Are Members content to note these items? Yes.

Item 6, papers to note. Item 6.1, correspondence from Professor Colin Harvey, school of law, Queen’s University Belfast, constitutional matters relating to Wales and the island of Ireland. We have a letter from Professor Colin Harvey from Queen’s University Belfast, bringing to our attention constitutional matters relating to Wales and the island of Ireland. We may wish to return to this in private session, but do Members have any comments they wish to make now in public? No.

Item 6.2, correspondence related to the legislative consent memorandum on the Employment Rights Bill. We have correspondence relating to the legislative consent memoranda on the Employment Rights Bill. The Minister for Culture, Skills and Social Partnership responds to our request for further information, as does the Llywydd, on behalf of the Senedd Commission, because one of the Bill’s clauses impact upon the Commission. The Economy, Trade and Rural Affairs Committee also brings this clause to our attention. The committee will consider its report on the memoranda in due course. We may wish to return to this in private session. Yes. Then we'll move on to the next item.

Items 6.3 and 6.4, which it is suggested we deal with together. Item 6.3 is correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the UK emissions trading scheme. And item 6.4 is correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the UK emissions trading scheme authority consultation. The first letter from the Deputy First Minister is rectifying a previous version of this letter, which incorrectly stated that the Order would be presented to the Senedd on 5 February. This letter updates that to 12 February. The second letter from the Deputy First Minister informs us of a consultation to extend the scheme beyond 2030. Are Members content to note this? Thank you very much.

Item 6.5, correspondence with the Counsel General and Minister for Delivery, 'The future of Welsh law: A programme for 2021 to 2026’ annual report. The Counsel General has responded to our letter in which we requested clarity on a number of matters in relation to the Welsh Government’s annual report 2023-24 on their future of Welsh law programme. There are some interesting points in the letter, and the committee may wish to follow up when the Counsel General next joins us for a scrutiny session. Do Members have any comments at this stage, or do we wait until we have the Counsel General at our meeting?

Item 6.6 is correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the legislative consent memoranda on the Water (Special Measures) Bill. We have in our papers the Welsh Government supplementary legislative consent memorandum, memorandum No. 6, and we have correspondence with the Deputy First Minister following the Plenary debate on consent, which took place on 21 January and where consent was agreed. We have an item in private session today to discuss this further, but is there anything that Members would like to say now in public?

Item 7, in accordance with Standing Order 17.42, I invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? Yes. Thank you very much.