Legislation, Justice and Constitution Committee

That takes us on to the second item, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. Paper 1 is the Nutrition and Health Claims (Wales) (Amendment) Regulations 2024. These regulations make changes to the 2007 regulations of the same name, which provide for the execution and enforcement of specified provisions of an European Union regulation that regulates the use of nutrition and health claims in the labelling, presentation or advertising of food. The 2007 regulations also apply various provisions of the Food Safety Act 1990 for the purposes of the 2007 regulations. The changes made by these regulations to the 2007 regulations include amending the enforcement regime, and includes the application of modified provisions of the 1990 Act to the regulations to introduce an improvement notice regime alongside the existing criminal sanctions. Senedd lawyers have identified six technical reporting points and one merits reporting point. A Welsh Government response has been requested. Firstly, Kate from our legal team, would you like to run us through the reporting points?

Thank you. Two of the technical reporting points identify potentially defective drafting in the Schedule that's inserted into the 2007 regulations by these regulations. The other four technical reporting points are matters that require further explanation from the Welsh Government about the way in which certain provisions of the regulations have been drafted—for example, certain terms have not been defined for the purposes of modifications in the new Schedule.

And finally, the merits reporting point is just to note that the explanatory memorandum makes reference to retained EU law, but this should properly be referred to as assimilated law in accordance with the Retained EU Law (Revocation and Reform) Act 2023. And we're waiting for the Welsh Government's response to the technical reporting points.

Members, do you want to raise anything? No. Are we happy to agree the reporting points?

Chair, I'm happy to agree the reporting points, but just one point is that I would like to have a bit more clarification, whether that be from the Welsh Government, about point No. 6 of our papers in relation to

'serve an improvement notice may appeal'

—basically, a person who's aggrieved by a decision of an unauthorised officer of an enforcement authority. And, basically, it goes on to say 'enforcement authority (emphasis added)'—that I would like to have a bit more clarity on, please, if possible.

Okay. Siân.

I would agree with that point. I believe that we need to be entirely clear that these enforcement measures don't replace the criminal sanction from the outset, and if they do, I'm sure that local authorities—. The explanatory memorandum argues that the local authorities will see the use of the improvement notice regime as a better option than the criminal route, because that can be complex and costly, but is that a good thing in terms of the standards that the public expect? Is this an example of rowing back, perhaps, rather than continuing with the same level of standards?

Diolch yn fawr. Kate, any response to those points?

On the point that Natasha has raised, we believe that is probably a typo, but, obviously, the Welsh Government will need to confirm that. On the other point, again, that will be something that we'd need to ask the Welsh Government. We can raise that as a further merits reporting point, if that would be helpful, and we can add that in to the draft report. So, it would be a further point, asking the Welsh Government to explain a little bit more about that point.

I think the Members would like that to happen—everybody's nodding. Okay. Thank you.

Item 2.2, the National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) (No. 2) Regulations 2024. These regulations extend restrictions implemented by the 2024 regulations that were placed on the prescribing of gonadotrophin-releasing hormone analogues by general medical practitioners in Wales when used to suppress puberty as part of treating gender incongruence or gender dysphoria in children and young people under 18. The regulations extend the restrictions implemented by the 2024 regulations beyond treatment provided by a general medical practitioner to treatment provided under a general medical services contract. This will capture prescribers such as an independent nurse prescriber or an independent pharmacist prescriber who is prescribing under a general medical services contract. Senedd lawyers have identified one technical reporting point and one merits reporting point. A Welsh Government response has been requested. Kate, would you like to take us through the points?

The technical reporting point seeks further explanation from the Welsh Government about the effect of the removal of the definition of 'general medical practitioner' on entries for other medications in the principal regulations. And the merits reporting point notes that this committee reported on the 2024 regulations and specifically raised concerns about the lack of clarity in the definition of 'general medical practitioner' that was inserted into the principal regulations by those regulations. So, these regulations now remove that definition as part of the extension of this restriction to cover all prescribing under a general medical services contract. And we're waiting for the Welsh Government to provide a response to the technical reporting point.

Thank you, Kate. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? Yes.

Affirmative resolution instruments, item 2.3, the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024. The Order proposes to incorporate the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022 and the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 into the UK emissions trading scheme legislation on a four-nation basis. These Orders applied to Great Britain only, and were implemented temporarily in order to implement several time-critical commitments made by the UK emissions trading scheme authority under the absence of a sitting Northern Ireland Assembly. Amongst other things, the Order also includes commitments to expand the coverage of emissions and improve the enforcement provisions of the scheme. Senedd lawyers have identified one technical reporting point. A Welsh Government response has not been requested. Kate, would you like to run through the reporting point?

The technical reporting point is just to note that the Order is being made in English only. According to the explanatory memorandum, this is because the order will be subject to UK, Scottish and Northern Ireland parliamentary scrutiny.

Thanks, Kate. Do Members have anything to raise? No. Are we happy to agree the reporting point? Yes.

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 previously considered. This is a standard item on our agenda, however we do not have any items to consider today.

Item 4, notifications and correspondence under the inter-institutional relations agreement—correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Sea Fisheries (Amendment) (No. 2) Regulations 2024. The Deputy First Minister confirms that he gave his consent to the Secretary of State for Environment, Food and Rural Affairs to make these regulations in relation to Wales, and these were laid in the UK Parliament on 16 October. Are Members content to note this correspondence? Yes.

Item 4.2, correspondence from the Welsh Government on inter-ministerial group meetings. A letter from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Inter Ministerial Group for Environment, Food and Rural Affairs, 7 November 2024. The Deputy First Minister informs us that the Inter Ministerial Group for Environment, Food and Rural Affairs will be held on 18 November, and commits to updating us on discussions after the meeting. Happy to note that? Yes.

Further papers to note: a written statement by the Minister for Culture, Skills and Social Partnership and the Counsel General and Minister for Delivery on the Historic Environment (Wales) Act 2023. In this joint statement, the Minister and the Counsel General confirm that the Historic Environment (Wales) Act 2023 came into full effect on 4 November, along with the suite of regulations necessary to support it. They state that the full commencement of the legislation marks two significant milestones in the history of the modern Welsh law book, stating that the Act represents the culmination of the Welsh Government’s first consolidation project in its programme to improve the accessibility of Welsh law, and the Act and its substantive supporting regulations constitute the first code of law produced under the accessibility programme. Are Members content to note that? Yes.

Item 5.2, a written statement by the Minister for Mental Health and Well-being on the Tobacco and Vapes Bill. The Minister for Mental Health and Well-being states that the Tobacco and Vapes Bill has been introduced into the UK Parliament. The Minister notes that an earlier version of the Bill was introduced by the last UK Government on 20 March, but its progress was halted when the UK Parliament was dissolved on 30 May ahead of the general election. The Bill seeks to change the age of sale for all tobacco products, cigarette papers and herbal smoking products so anyone—[Inaudible.]

I believe we've lost the Chair, Gareth.

Yes, we have. So—

Shall we wait for him for a couple of minutes?

We can wait for a couple of minutes, yes. He may come back. We've now lost a second Member. No. Just for the purposes of this meeting, would it be possible for a Member to be elected as temporary Chair, if I may—? No. Apparently, he's coming back.

How far did people hear me? How far into item 5.2 have they heard, or should I start again?

Feel free to start from the beginning, Chair; we did lose you—[Inaudible.]—the ground. It's fine.

The Minister for Mental Health and Well-being states that the Tobacco and Vapes Bill has been introduced into the UK Parliament. The Minister notes that an earlier version of the Bill was introduced by the last UK Government on 20 March, but its progress was halted when the UK Parliament was dissolved on 30 May ahead of the general election. The Bill seeks to change the age of sale for all tobacco products, cigarette papers and herbal smoking products so anyone born on or after 1 January 2009 will never legally be able to buy these products. The Minister states that the Bill also includes various restrictions in relation to vapes, including a restriction on selling non-nicotine vapes and other nicotine products to under-18s. As the Bill makes provision in relation to Welsh devolved matters, the Minister states that a legislative consent memorandum will be laid in due course. Are Members content to note this written statement? Yes.

Item 5.3, correspondence from the Finance Committee to the Counsel General and Minister for Delivery on the Legislation (Procedure, Publication and Repeals) (Wales) Bill. The Finance Committee confirms that it has considered the financial implications of the Bill, and is seeking further information from the Counsel General to inform its scrutiny. Are Members content to note this correspondence? Yes.

Item 6, motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting. 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? We now move into private session.