The next item is item 8: the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019. I call on the Minister for environment to move the motion. Lesley Griffiths.

Motion NDM7008 Rebecca Evans

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

1. Approves that the draft The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 is made in accordance with the draft laid in the Table Office on 05 March 2019. 

Motion moved.

Diolch, Llywydd. I move the motion.

These regulations are part of a programme of work that we have to undertake in preparation for the UK's withdrawal from the European Union to ensure that we have a functioning statute book in Wales at the point of exit. These regulations, which introduce technical amendments to a number of statutory instruments relating to food marketing standards, public interventions in the agricultural products sector and school milk will ensure Welsh law remains operable and effective after we leave the EU. It will correct out-of-date references relating to European law in domestic legislation, for instance where European directives and regulations have been amended or replaced, and will remove references to member states. These regulations also remove redundant provisions in Welsh legislation referring to European Commission functions exercisable in Wales. 

As there is a duty to consult on changes to food law, a public consultation was launched on 11 January 2019 for four weeks, which ended on 19 February 2019. Over 90 stakeholder experts and organisations were contacted directly, and the consultation paper was also published on the Welsh Government website. Seven responses were received to the consultation, which were all in support of the proposals to update and correct deficiencies in EU-derived domestic legislation. No concerns were raised in relation to the amendments. 

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

Diolch yn fawr, Llywydd. This is item 8, the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019. We considered these regulations at our Constitutional and Legislative Affairs Committee meeting on 18 March and reported one technical point to the Assembly under Standing Order 21.2(vi). The final paragraph of the preamble to the regulations refers to section 59(3) of the Government of Wales Act 2006. Now, as you all know, section 59(3) gives the Welsh Ministers a choice as to whether the negative procedure or the affirmative procedure should apply to regulations. We accept that citing section 59(3) makes no difference as to the validity of these regulations. At our meeting, we discussed whether such provisions should be cited in the preamble to subordinate legislation and agreed that a consistent approach should be adopted in future, which we will follow up separately with the Welsh Government. Diolch yn fawr, Llywydd. 

I have no further speakers. Does the Minister wish to respond? No.

The proposal is to agree the motion. Does any Member object? No, the motion is therefore agreed. 

Motion agreed in accordance with Standing Order 12.36.