Legislation, Justice and Constitution Committee

Item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.7. The Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (Commencement and Transitional and Saving Provisions) Order 2025. This Order brings into force various sections of, and Schedule 3 to, the 2025 Act on 1 January 2026. These sections and the Schedule make provision about Welsh statutory instruments and the Senedd procedures for Welsh subordinate legislation; make provision about the publication, preservation, numbering and classification of Acts of Senedd Cymru, Welsh statutory instruments and other subordinate legislation made by the Welsh Ministers; require the Counsel General to review the operation and effect of new Parts 2A and 2B of the Legislation (Wales) Act 2019; amend section 2 of the 2019 Act so that programmes to improve the accessibility of Welsh law must include proposals for correcting any errors or resolving any ambiguities in Welsh law; and make consequential amendments to the 2019 Act. Senedd lawyers have identified one reporting point and a Welsh Government response is not required. Jen.

Thank you, Chair. The report simply notes that the Order brings into force the new approval, confirmation and annulment procedures for the Senedd's scrutiny of Welsh statutory instruments that are made or laid after 1 January.

Any Members? No.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025. These regulations amend imported food legislation that was retained by the UK on its departure from the EU. Assimilated Commission Implementing Regulation (EU) 2019/1793 lays down provisions that apply to certain higher risk food and feed commodities not of animal origin on entry into Great Britain. The annexes to the regulation contain lists of food and feed commodities that are either subjected to a temporary increase in official controls, subject to emergency measures, or subject to suspension of entry into Great Britain. These regulations make changes to the annexes and update the presentation of the codes used to identify the commodities subject to controls to align with the UK’s integrated tariff system and amend footnotes. Senedd lawyers have identified three technical reporting points. A Welsh Government response has not yet been received. Jen.

Thank you, Chair. All three reporting points in relation to this SI relate to inconsistencies between the Welsh and English texts.

I find that very disappointing. It is really important that the Welsh and English say the same things, because some people will rely on the Welsh and others will rely on the English. That is disappointing. Do Members have anything else to raise?

I agree with your sentiment, Chair.

Affirmative resolution instruments. Can we group the next two items together? The Climate Change (Carbon Budget) (Wales) Regulations 2025 and the Climate Change (Net Welsh Emissions Account Credit Limit) (Wales) Regulations 2025. These regulations form part of a suite of regulations made under the Environment (Wales) Act 2016 that are referred to collectively as the Climate Change (Wales) Regulations 2025. The Climate Change (Carbon Budget) (Wales) Regulations 2025 sets the carbon budget for the budgetary period 2031-35 so it is limited to an average of 7 per cent lower than the baseline, in line with the recommendation of the Climate Change Committee, the UK’s independent adviser on tackling climate change. The Climate Change (Net Welsh Emissions Account Credit Limit) (Wales) Regulations 2025 limits the number of carbon units that may be credited to the net Welsh emissions account. The regulations set a limit for the budgetary period 2026-30 to 0 per cent of the carbon budget. Before laying the draft regulations, the Welsh Ministers obtained and took into account the advice of the Climate Change Committee. Senedd lawyers have identified one technical reporting point in both reports. A Welsh Government response has not yet been received. Jen, over to you.

Thank you, Chair. The committee previously considered both sets of these regulations on 3 November and they were subsequently withdrawn and relaid. Both reports today note one defective drafting point as a result of the failure to define the term 'the Act' in the operative part of the regulations, and a Government response is awaited.

Okay. Do Members have anything to raise? No.

Item 4 is instruments that raise issues to be reported to the Senedd under Standing Order 21.7—previously considered. This is a regular standing item for this committee, but we have nothing to consider this week, so we move on to the next item.

Item 5 is instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. The Infrastructure Consent (Miscellaneous Amendments) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 10 November and laid its report 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. The Welsh Government has confirmed it will discuss the use of a correction slip to rectify the omission of a year in the title of the regulations. But with regard to the other two points, which relate to the failure to address all other points in this committee's report on the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025, the Welsh Government has confirmed that it will address one point via a further amending instrument, but the other point is not an issue on the King's Printer version of the regulations, so no further action is required.

Do Members have anything to raise?

The National Health Service (Optical Charges and Payments) (Amendment) (No. 2) (Wales) Regulations 2025. The committee considered this instrument at its last meeting and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

Yes, thank you, Chair. There were two reporting points raised in the committee's report. The first highlighted the retrospective effect of these regulations, and the Welsh Government has provided a more detailed explanation for this, but noted that it will continue to keep its processes under review and explore opportunities to improve timing and reduce the need for retrospective effect where possible.

And with regard to the second point relating to a lack of clarity regarding the term 'the 2006 Act', the Government has again provided an explanation and stated that it's more likely than not that the reference to the 2006 Act would be read as a correct reference. However, it will look to make an amendment in this respect at the next opportunity.

Thank you, Jen. Any Members? No.

Item 6 is notifications and correspondence under the inter-institutional relations agreement: correspondence from the Welsh Government on meetings of inter-ministerial groups. Letter from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: Inter-Ministerial Standing Committee, 19 November 2025. Written statement by the Cabinet Secretary for Education: UK education Ministers' council meeting, 21 November 2025. We have two notifications of inter-ministerial group meetings. Firstly, the Deputy First Minister informs us that a meeting of the Inter-Ministerial Standing Committee was due to take place last Thursday. He states that the discussion was

'anticipated to focus on International Affairs, Community Cohesion, and live issues including the upcoming UK Budget, the Memorandum of Understanding on the Sewel Convention and Legislation.'

Secondly, the Cabinet Secretary for Education’s written statement informs us that a meeting of the UK education Ministers' council meeting took place in Cardiff on 13 November, and sets out the matters discussed. Do Members have any comments? No.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs—the Organic Production (Amendment) Regulations 2025. The Deputy First Minister informs us that he has given consent for the regulations, which were laid in the UK Parliament on 22 October and will come into force on 1 January. His written statement, which is linked in the letter, says that

'While these Regulations make provision in a devolved area of competence, these regulations are minor and ensure alignment for producers across the nations. As such, it is expedient to introduce a Great Britain-wide Statutory Instrument on this occasion.'

Do Members have any comments?

That takes us on to papers to note. Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs and the Counsel General and Minister for Delivery: the Welsh Government’s draft budget 2026-27. Members are invited to note the correspondence with the Deputy First Minister in relation to the Welsh Government’s draft budget for 2026-27. As with previous years, the Welsh Government’s response does not provide a full breakdown of the planned spending on justice-related expenditure, as requested, with the response noting that spending in this area is spread across multiple portfolios and budget expenditure lines, which cover 'a range of activities'. Similarly, the response also doesn’t provide a breakdown on expenditure relating to the accessibility of Welsh law, again explaining this is because spending is spread across portfolios. The response provides more information on the capital expenditure allocated for a new case management system for the Welsh Tribunals service, which sits alongside an increased overall budget that is rising from £4.1 million in 2024-25 to £6.1 million in 2025-26. There is also some further information on the projects associated with 'Delivering Justice for Wales'. The deadline for Senedd committees to report on their consideration of the draft budget is Tuesday, 15 December. Do Members have any comments they wish to make?

A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: consultation on draft air quality target regulations for fine particulate matter. The Deputy First Minister informs us of the launch of a public consultation on proposed targets for fine particulate matter, the pollutant most strongly linked to serious health impacts. The consultation will close in February 2026. Do Members have any comments they wish to make? Okay.

Correspondence from the Cabinet Secretary for Transport and North Wales: the Bus Services (Wales) Bill—the Wales Centre for Public Policy report. Members are invited to note the Cabinet Secretary’s letter in which he shares with us a report co-authored by the Wales Centre for Public Policy, Welsh Government and Transport for Wales. He states that the report brings together findings that informed policy development behind the Bus Services (Wales) Bill and continue to inform and steer plans for its implementation. Do Members have any comments? No.

Item 7.4, correspondence from the Cabinet Secretary for Finance and Welsh Language to the Economy, Trade and Rural Affairs Committee: Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill. Members are invited to note the Cabinet Secretary’s letter to the Economy, Trade and Rural Affairs Committee providing further information following their evidence session on 5 November. Members will recall that we held an evidence session ourselves on this Bill with the Cabinet Secretary on 10 November, and we’re due to consider our draft report on 8 December. Do Members have any comments at this stage? No.

Correspondence to the Business Committee: Business Committee review of the public Bill and Member Bill processes—publication of pre-introduction Bills. Members are invited to note our outgoing letter to the Business Committee in relation to their review of the public Bill and Member Bill processes. Do Members have any comments?

Correspondence from the Welsh Government: the Welsh Government’s response to the committee’s report on the Welsh Government’s legislative consent memoranda on the Terminally Ill Adults (End of Life) Bill. Members are invited to note the Welsh Government’s response to our report. The Welsh Government does not agree with the committee’s assessment of the clauses in the Bill that require the Senedd’s consent, but is unable to provide further detail on its assessment without waiving legal professional privilege. The Welsh Government also believes that the concurrent power in clause 40 of the Bill for the Welsh Ministers and the Secretary of State to issue guidance presents a 'low constitutional risk'. It also states that, while the power is not subject to a consent mechanism, the Bill does require the Secretary of State to consult the Welsh Ministers before issuing guidance. Do Members have any comments?

A written statement by the Cabinet Secretary for Education: consultation on the School Funding, Budget Statements and Outturn Statements (Wales) Regulations 2026. The Cabinet Secretary’s written statement informs Members that the summary of responses to the consultation on the draft regulations has been published. She states that there was broad support for the proposed amendments and therefore the proposals will proceed largely unchanged. She intends to lay these regulations in March 2026 to come into force on 1 April 2027. She says:

'Therefore, local authorities will be required to be compliant with the amended Regulations for the 2027-28 financial year.'

Do Members have any comments?

Correspondence from the Minister for Mental Health and Well-being: the Welsh Government’s response to the committee’s report on the Welsh Government’s supplementary legislative consent memorandum, memorandum No. 5, on the Mental Health Bill. The Minister thanks us for our scrutiny of memorandum No. 5 on the Mental Health Bill. Do Members have any comments? No.

Correspondence from the Minister for Mental Health and Well-being: supplementary legislative consent memorandum, memorandum No. 3, on the Tobacco and Vapes Bill. The Minister informs us that she has withdrawn memorandum No. 3 on the Tobacco and Vapes Bill due to opposition to the UK Government’s amendments in the House of Lords's Grand Committee, which led to the amendments being withdrawn. The Minister states that the UK Government is confident that these technical amendments will be re-tabled at Report Stage. The LCM debate for the Bill in the Senedd is scheduled to take place on 9 December. Do Members have any comments? No.

Can I move, under Standing Order 17.42, to resolve to exclude the public from the remainder of the meeting? Is that agreed? Yes.