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. The Vehicle Emissions Trading Schemes (Amendment) Order 2025: the Order establishes trading schemes to limit the number of new non-zero-emission vehicles registered in Great Britain and sets carbon dioxide emissions targets for manufacturers. The Order reconciles discrepancies in the Department for Transport's approach to carbon dioxide emissions targets, allowing manufacturers to use either EU-derived or UK-derived values for compliance until 2025. Senedd lawyers have identified one technical and one merits reporting point. A Welsh Government response is not required. Firstly, we have Jen from our legal team. Would you like to run through the reporting points, Jen?

Thank you, Chair. So, yes, we've got one technical reporting point, which just refers to the fact that the Order is not made bilingually because it is subject to scrutiny from each of the UK Parliaments. There's also a merits point, which just notes that, alongside consultation, the UK Government and the Welsh Government have jointly commissioned the Climate Change Committee for advice on this instrument.

Thank you. Do any Members have any comments? No.

That takes us to item 3.2: the Environmental Protection (Single-use Vapes) (Wales) (Amendment) Regulations 2025. These regulations, which came into force on 1 June 2025, prohibit the supply of single-use vapes in Wales to address the environmental damage caused by their inappropriate disposal. The regulations extend the power of enforcement officers to retain seized single-use vapes for disposal as waste, pursuant to a direction from the Welsh Ministers. Senedd lawyers have identified one technical point and one merits reporting point. We also have correspondence sent to the Deputy First Minister to the Llywydd in relation to the point that this instrument breached the 21-day rule. A Welsh Government response has not yet been received. I take it that is still true, and we have Jen from our legal team who can take us through the reporting points.

Thank you, Chair. Yes, we have one technical reporting point that suggests that the drafting of this instrument is defective, in that the introductory wording doesn't correctly specify the provisions that enable the condition upon which these regulations must be made to be met. There is also a merits point noting the fact that this instrument was laid less than 21 days before it came into force in order to correct the omission in the 2024 regulations as soon as possible. So, yes, just to confirm that we have not received a Government response to that as yet.

Thanks, Jen. Do Members have anything they wish to raise? I see that is a 'no'.

Moving on to item 3.3: the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025. The existing student support and fee protection legislation for certain eligible students, including protected Ukrainian nationals and persons granted leave to enter or remain as protected partners and their children, only requires the relevant form of leave to be granted at any time. These regulations rectify this historic error by amending the legislation to ensure that only those with extant leave to enter or remain in the United Kingdom will be eligible for student support and/or fee protection, provided all other relevant criteria are met. Senedd lawyers have identified one merits reporting point. A Welsh Government response has not yet been received; I take it that that's still true. We have Jen from our legal team who can take us through the reporting point.

Thank you, Chair. Yes, we do have one merits point here in relation to the fact that the date upon the face of the instrument says that it was laid before the Senedd on 24 June 2024 rather than 2025. And just to confirm, Chair, there was a Welsh Government response received within the last couple of hours, which confirmed that this mistake is being rectified by way of a correction slip.

Good. Thank you very much. That takes us on to a long list of items: 3.4, 3.5, 3.6, 3.7 and 3.8. I suggest we group these five items for convenience, as they are related. The papers on these items start at pack page 12. This suite of five infrastructure consent regulations, three of which are subject to the negative procedure and two are subject to the draft affirmative instruments, makes provision of significant infrastructure projects in energy, transport, waste and water. The regulations provide additional provision for pre-application requirements, examination procedures and post-examination processes. We also have a written statement from the Cabinet Secretary for Economy, Energy and Planning. The draft report on each of the regulations have several reporting points. Welsh Government responses have not yet been received. Jen from our legal team will take us through the reporting points.

Thank you, Chair. So, looking first at the Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025, 16 reporting points have been identified in relation to those regulations. Six of those relate to inconsistencies between the English and Welsh texts. Seven require further information regarding the form and meaning of the regulations, and three relate to defective drafting, which are linked to incomplete cross-references.

And then moving on to the Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025, we have a further eight reporting points there. Again, three relate to inconsistencies in the Welsh and English texts. Four request further explanation, and one relates to defective drafting, again due to incomplete references.

The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025—we have identified 22 reporting points in relation to that instrument. Nine of those relate to inconsistencies in the Welsh and English texts. Again, five require further explanation, and seven relate to defective drafting, mainly linked, again, to inaccurate cross-referencing. There is an additional point in relation to these regulations that queries whether the instrument is validly made. This is because one of the powers that's listed as an enabling power in this instrument is section 132(2) of the Infrastructure (Wales) Act 2024. However, under that Act, any statutory instruments containing regulations made under section 132 are subject to the affirmative procedure. However, this instrument has been made in accordance with the negative procedure. So, clarification is awaited in that regard.

And moving on, then, to the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025, we have a further eight points included in this report. Five relate to inconsistencies between the Welsh and English texts, and three relate to requiring further explanation as to the formal meaning.

And then finally, the Infrastructure Consent (Fees) (Wales) Regulations 2025, in relation to infrastructure—10 reporting points have been noted in the report in relation to these regulations. Again, of those, two relate to inconsistencies between the Welsh and English texts, four require further explanation as to the form or meaning, and a further four relate to defective drafting regarding incomplete or incorrect references.

A Welsh Government response has been requested in relation to all of the regulations, but none have yet been received.

Thank you, Jen. Have Members got anything to add or questions?

Yes, Chair, actually, a question from me and a request, actually, for a note from clerks or from lawyers. So, under the existing legislation governing access to land, and also compulsory purchase under certain circumstances, through my constituency role, there are some concerns about how the current rules apply in relation to what are called acquiring authorities, so mostly public authorities that have certain powers to access land et cetera in relation to particular applications. And these concerns apply, in my case, to provision around electricity infrastructure and transmission lines. But I'd just like to ask for a note as to whether these new regulations under the new Act touch on some of these concerns. Particularly the concerns that have been raised are that, in most cases, acquiring authorities are public authorities, therefore they're governed by a whole set of other rules in relation to how they engage with members of the public, whereas it can be the case that a private sector company can make the case that it is an acquiring authority, whereas there doesn't seem to be a framework governing the use of those acquiring authority powers.

So, it's a rather technical question, Chair, but I wouldn't be doing my job as a representative if I weren't to ask whether some of these new rules are relevant to the questions that I raised in the context of the existing legislation, which would then apply under any new regulations under the new Act.

To you, Jen.

Thank you. Yes, we'd be very happy to prepare a note and circulate that for your information. Thank you.

Thank you.

Does anyone have anything else? No.

On to item 3.9: the Welsh Elections Financial Assistance Scheme (Disabled Candidates) Regulations 2025. The regulation establishes a scheme to provide financial assistance to help disabled candidates in Welsh elections overcome barriers relating to their disability. They detail the scheme's operation, eligibility criteria, support provided, and amendments to legislation for full implementation. Senedd lawyers have identified one technical reporting point. A Welsh Government response has not yet been received. I take it that's still the case. Jen, would you like to run us through the reporting point?

Yes, thank you, Chair, and you are correct, no response has been received in relation to this SI at the moment. It just identifies one technical reporting point where a further explanation has been requested from the Government in relation to regulation 12(4)(a). This requires financial support scheme operators to ensure that no payments are made unless the scheme operator is satisfied that the person claiming has or will properly incur the cost for approved support, but it doesn't mention any reference to approved adjustments, which are also permissible under the scheme. So, the point just queries that and asks for further information in that regard.

Thank you, Jen. Do any Members want to raise anything? No.

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 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 will be aware that we’ve exchanged various correspondence with the Cabinet Secretary relating to the conduct Order. The Welsh Government intends for the Senedd’s consideration of the Order to take place in Plenary tomorrow, and, if approved, for the 'correction prior to making' process to be used to remedy errors. Jennifer, do you have anything to add?

Just to say that the Welsh Government has confirmed it considers the use of the 'correction prior to making' procedure not to be unreasonable or inappropriate following a check that they've carried out of each and every amendment in relation to this Order. And they've also confirmed, in relation to the committee's letter, that the entire text of all definitions that are going to be changed in the Welsh text will also be reflected in the English text.

I'll ask this as a rhetorical question: shouldn't they do all these checks before it comes to us, and is laid, rather than afterwards? I don't expect you to answer that, but, to me, I would expect good Government to check it first, rather than let us check it for them. If no-one has anything to say, can we move on to item 5?

Sorry, Chair, am I right in saying—[Inaudible.]—ask a question about automatic registration as well?

Yes, the letter did refer to automatic registration. In relation to that, the letter confirmed that pilots are currently under way in four local authorities in Wales, and will conclude in September, and then an evaluation report will be submitted by the Electoral Commission to the Welsh Ministers by the end of the year.

So, how do we interpret that response in terms of the question of whether the Government is still committed to introducing automatic registration, as the previous Counsel General had pledged, by next year’s Senedd Cymru elections?

In the letter it goes on to say that there’ll be a thorough consideration of the report to inform the additional secondary legislation, training and comprehensive system changes required for further roll-out, and the Cabinet Secretary commits to updating the Senedd in due course on that.

I know what’s said in the letter, but does that mean that they do intend to introduce registration by the next election, or not? I’m still not clear on that point.

There isn’t a firm commitment in that regard in the letter, but it may be something that the committee would like to follow up.

We could write again, Chair, if the committee thought that would be appropriate.

Alun wants to say something.

I think we should ask the Cabinet Secretary, actually, to answer the question, rather than to discuss the question, which is what she’s doing in that paragraph of her reply. We know all of what she said already, but we asked a direct a question, which Adam has outlined here. It seems to me that the Welsh Government is seeking to avoid making any commitment at all. But, of course, the Welsh Government has already made a commitment on this matter. The previous Counsel General made a clear commitment on this matter, and I would agree with the clerk’s proposal that we write back.

I think we need to be quite sharp with the Cabinet Secretary, actually, because she’s very good at not answering questions. This has happened on a number of occasions now. I thought her response on the other matters, about the Order itself, was a bit—. It didn’t fully accept responsibility for the failures of Government here, which it should do. It didn’t fully accept responsibility that the Government has not delivered an Order that, without the work of this committee, would have been fit for purpose. I think the Cabinet Secretary needs to say that, and say it clearly, and then give an undertaking that she will put in place the processes to ensure that Orders do not come in front of this committee in that condition, but also that she answers directly the questions of this committee, and does so without the equivocation that we can see here.

I wouldn't disagree with any of that, Alun. I think that we're trying to cram an awful lot of things into what is basically, when we come back in September, the four months to Christmas, and the first three months of the next year. That's an awful lot being crammed into a very short period of time. I don't think there's anything further on that. We know what we're doing.

Item 5 is instruments that raise issues to be reported to the Senedd under Standing Order 21.7—previously considered. The code of practice on the exercise of social worker 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 committee considered this instrument at its meeting on 16 June and laid its report on the same day. Members are invited to note the Welsh Government response to the report. Jen, do you have anything to add?

Thank you, Chair. Members may recall that there were originally 30 points raised in relation to this code. The Welsh Government has come back and provided further information or clarification in relation to those points, including confirming why it didn't think it fit to carry out consultation regarding the code. With regard to the remainder of the points raised, the Welsh Government has noted that although it considers the majority of those points do not change the operation or effect of the code, there are certain matters that require clarification and correction. For that reason, the Government has now withdrawn the draft code to allow time for the relevant matters to be carefully considered and for a further corrected draft, which they anticipate relaying before the Senedd in September.

Thank you, Jen. Do Members have anything to add? No.

On to item 6: notifications and correspondence under the inter-institutional relations agreement—correspondence from the Welsh Government on meetings of inter-ministerial groups. We have a couple of notifications this week of inter-ministerial group meetings. Firstly, the inter-ministerial group for business and industry met on 6 May. Discussions included the recently published industrial strategy and place-based economic growth, and updates were provided on economic plans across the four nations. The latest inter-ministerial group on transport was postponed. The Cabinet Secretary for Transport and North Wales will inform us once a new date is confirmed. Are Members are content to note those?

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Welfare of Animals (Transport) (Amendment) Regulations 2025. The Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs informs us that consent has been given to the UK Government to make regulations amending the legal requirements for the handling of poultry during transport operations. Have Members got any comments? No.

Papers to note, item 7.1, correspondence from the Cabinet Secretary for Health and Social Care on the Welsh Government’s legislative consent memorandum on the Terminally Ill Adults (End of Life) Bill. The Cabinet Secretary responds to our letter in which we asked why the Senedd's consent is not needed for certain clauses in the Bill, which creates a regulatory framework for lawful assistance in ending one's life, mostly within the NHS. He states that consent is required for certain clauses, but not for others, based on their assessment in line with Standing Order 29. The letter also mentions that the Bill allows terminally ill adults to request assistance to end their own life, with specific provisions for Wales. Do Members have any comments they wish to make? No.

Moving on to item 7.2, correspondence from the Welsh Government on the Welsh Government's legislative consent memorandum on the Bus Services (No. 2) Bill. Members are invited to note the correspondence from the First Minister and the Cabinet Secretary for Transport and North Wales, following our letter on 9 May. The First Minister agrees with the committee's recommendation that the Welsh Government should assess whether UK Parliamentary Bills relate to devolved matters and engage Standing Order 29, rather than relying on the UK Government's analysis. The Cabinet Secretary's letter responds to all other recommendations made by the committee. Do Members have any comments? No.

Item 7.3, correspondence from the Equality and Social Justice Committee—criminal justice session with Lord Timpson. Members are invited to note the correspondence from the Equality and Social Justice Committee in relation to the rearrangement of an evidence session with Lord Timpson, which is now scheduled for next Monday. Members may wish to discuss this matter in private, but Members also need to know that we have a meeting ourselves next Monday, which will be going on throughout the time that Lord Timpson is there.

Item 7.4, correspondence from the Welsh Government: the Welsh Government's response to the committee's report on the Welsh Government's supplementary legislative consent memorandum on the Tobacco and Vapes Bill. Members are invited to note the response from the Welsh Government in relation to the committee's report on the Welsh Government's supplementary legislative consent memorandum—memorandum No. 2—on the Tobacco and Vapes Bill. Are Members content to note this? Yes.

Correspondence from the Committee for the Scrutiny of the First Minister on the reporting of inter-governmental meetings. Members are invited to note the letter from the Committee for the Scrutiny of the First Minister, which draws to our attention information provided to that committee by the First Minister on how the Welsh Government intends to speed up the process of reporting to the Senedd about inter-governmental meetings. The First Minister states that officials in the central inter-governmental relations team will further emphasise through internal discussions, training and guidance the importance of swift reporting of information related to formal inter-governmental meetings in line with the inter-institutional relations agreement. Are Members content to note this?

Item 8 is a motion under Standing Orders 17.42(vi) and (ix). I invite the committee to resolve to exclude the public for the remainder of the meeting. Do Members agree? Yes, so we'll have a gap.