Part of the debate – in the Senedd at 4:02 pm on 19 March 2019.
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.