Part of the debate – in the Senedd at 4:53 pm on 26 March 2019.
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.