Thank you. We considered these regulations at our meeting on 20 May 2019 and we reported on both the technical and merits points to the Assembly. We welcome that the Welsh Government has accepted the technical reporting point relating to the drafting of the regulations, and that it proposes to rectify the issue by means of a correction slip.

With regard to the merits points, we noted that these regulations impose six contractual duties relating to the Welsh language on contractors who provide primary care services to the NHS. This  contrasted with the 121 Welsh language standards applicable to other health service providers. The Welsh Government’s response to our report stated that the duties imposed by these regulations are the first duties relating to the Welsh language to apply to independent primary care providers, and that they are distinct from the Welsh language standards applicable to local health boards and NHS trusts.

We further noted that the regulations into which these additional duties are inserted make it clear that they are part of the contractual duties of contractors from 30 May 2019. However, there is nothing in the explanatory memorandum or accompanying the explanatory memorandum to explain that the amendments apply to all contracts from that date and are not limited to new contracts entered into after that date. The Welsh Government responded to this point by saying it had consulted and corresponded with the applicable representative bodies of the independent primary care providers, and that it was satisfied that the relevant bodies are aware that the duties are not limited to new arrangements entered into after the date on which the regulations came into force. 

In addition to our usual report, we also wrote to the Minister to support the concerns raised by the Culture, Welsh Language and Communications Committee, of which I am also a member. And I note that the Minister has said, in his reply to us last week, that he had asked his officials to ensure engagement with committees much earlier in the process for future regulations. And I take this opportunity to emphasise again, to all of Welsh Government, the importance of engaging with the relevant subject committees on significant regulations, particularly where a committee has sought that engagement.

And I have further points. I have great sympathy with the points that have been made by Dai Lloyd and to the procedural inadequacies that have occurred, particularly when it comes to the ability to properly scrutinise regulations that come before this Assembly. That is a fundamental part of the parliamentary process, and the concern that has been raised is one that I think was shared across the board, both in the Constitutional and Legislative Affairs Committee and also on the Welsh language and culture committee on which I sit. There are those of us who I think fell short of supporting the idea of annulment, but primarily because of the damage that we felt it might do, or the implications of not proceeding with regulations that seek to advance the interest of the Welsh language. But that should not mean that there isn't a warning shot across the bows of Government, that if procedures are not properly followed, if there is not proper opportunity for scrutiny, then the issue of annulment is one that is taken seriously, I think, by our committee structure. And I think on future occasions it may be something that we consider. So, I would certainly seek an assurance from today that those lessons have been learnt, that that constitutional importance is recognised, and this is something that will not happen again during the course of parliamentary processes in this Assembly.