Okay. So, we move on now to item 4: the Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019, and I call on the Minister for Environment, Energy and Rural Affairs to move the motion—Lesley Griffiths.

Motion NDM6994 Rebecca Evans

To propose that the National Assembly for Wales, in accordance with Standing Order 27.5:

1. Approves that the draft The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 is made in accordance with the draft laid in the Table Office on 20 February 2019.

Motion moved.

Thank you, Chair. These regulations make amendments to the Registration of Establishments (Laying Hens) (Wales) Regulations 2004, the Welfare of Animals (Transport) (Wales) Order 2007, the Welfare of Farmed Animals (Wales) Regulations 2007, and the Welfare of Animals at the Time of Killing (Wales) Regulations 2014. Changes made by the regulations include omitting the reference to

'acting as a member state in the welfare of animals' and the Time of Killing (Wales) Regulations 2014.

In relation to the Welfare of Farmed Animals (Wales) Regulations 2007, correcting references to EU directives as EU directives will not form part of domestic law on exit day. In this instance, the definition of 'zootechnical treatment' has been taken out of the relevant council directive and inserted into these regulations. Supplemental provision has also been made to replace various references to the National Assembly for Wales to 'Welsh Ministers'. These amendments reflect the status quo. Such amendments supplement those provisions that confer additional functions on the Welsh Ministers.

Finally, changes to the Welfare of Animals at the Time of Killing (Wales) Regulations 2014 have also been made that will end the mutual recognition of certificates of competence for slaughter workers issued in other member states. Continued recognition of certificates would open up potential enforcement issues, as we would be unable to suspend or revoke a certificate issued in another member state. In the event of slaughter, it breached the requirements of the retained EU legislation or domestic legislation. The European Commission has confirmed certificates of competence issued in the UK will not be recognised in other member states after the UK has left the EU. The Food Standards Agency has confirmed there are currently no slaughtermen with a European-member-state-issued certificate of competence working in Wales. I move the motion.

I call on Dai Lloyd to speak on behalf of the Constitutional and Legislative Affairs Committee.

Thank you very much, acting Deputy Presiding Officer. With regard to these Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019, we considered these regulations at our meeting of the Constitutional and Legislative Affairs Committee on 11 March and reported two merits points to the Assembly under Standing Order 21.3.

First of all, we considered the way in which the explanatory memorandum, paragraph 4.6 in particular, explains why regulation 2 refers to ‘EU Regulations’ is not helpful, either to the Assembly or to the end user of the legislation. The meaning and effect of legislation, including how it interacts with other legislation, should be transparent to those scrutinising it, and, even more importantly, to those affected by it. In its response to our report, the Welsh Government said:

'Due to the volume of legislation that is required to be in place before exit day in order to ensure the Welsh statute book is operable, it has not been practicable to provide further detail on the relationship between...the [EU Withdrawal] Act 2018 and the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019.'

Given the public importance of the meaning and effect of legislation, we are disappointed by the Welsh Government’s response. As our own report demonstrates, we do not consider that it would have been an onerous task to explain clearly how revised EU law will operate on exit.

Secondly, regulations 5(4) and (5) appear to remove a reciprocal arrangement between Wales, as part of the UK, and EU member states or public authorities in those states. If so, this is removing a reciprocal arrangement of a kind mentioned in section 8 of the 2018 EU Withdrawal Act, in which case, the Welsh Ministers have no power to make regulation 5(4) and (5) unless they have consulted the Secretary of State. Neither the preamble nor the explanatory memorandum to the regulations refer to such consultation.

In this context, we believe that good legislative practice requires preambles to statutory instruments to refer expressly to the fulfilment of any statutory conditions, such as a duty to consult, that must be fulfilled before the statutory instrument can be made. In its response to our report, the Welsh Government confirmed that the Welsh Ministers have consulted with the Secretary of State and we note and welcome that the explanatory memorandum has now been amended. Thank you.

I now call on the Minister for Environment, Energy and Rural Affairs to reply.

Thank you, Dai Lloyd for your comments and observations. Obviously, we would not wish to be making legislation in the way that we're currently having to do, and you will have heard me say previously in this place that if we'd taken the decision to make all EU exit legislative corrections for devolved areas solely in Wales, it would've required about 200 statutory instruments and at least four Bills to be laid in the Assembly, in addition to business-as-usual legislation. And it would've only been possible to pass the necessary Bills in time by following a fast-track procedure, which, again, would limit scrutiny by the Assembly. That said, I absolutely took the comments that came from members of CLAC on board and a decision was taken, for instance, to change the procedure to be followed in the case of this SI, and also, as Dai Lloyd noted, the explanatory memorandum was amended accordingly.

The proposal is to agree the motion. Does any Member object? Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.