The next item is the Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019. Again, I call on the same Minister to move the motion—Lesley Griffiths. 

Motion NDM7164 Rebecca Evans

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

1. Approves that the draft The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019 is made in accordance with the draft laid in the Table Office on 1 October 2019.

Motion moved.

Diolch, Llywydd. I move the motion. These regulations amend two pieces of domestic legislation: the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 and the Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019. Part 2 of these regulations enables Welsh Ministers to authorise the marketing of fruit plant and propagating material from any country outside the EU, if satisfied that material has been produced under conditions equivalent to those required in domestic legislation. Part 3 of these regualtions ensures the amendment made by Part 2 continues to operate effectively after the withdrawal of the UK from the EU. 

We are debating the regulations today following the Constitutional and Legislative Affairs Committee's consideration and subsequent recommendation for them to be approved by a resolution of the National Assembly. This follows a technical point raised in the committee's report relating to their view that, by not overtly stating the new time limit of 31 December 2022 for the authorisation of the said marketing, the regulations would not appropriately implement European law on the date the implementing legislation is made. I am informed the approach adopted by these regulations will ensure they appropriately implement European law when they are made and, all things being equal, they will continue to appropriately do so until 1 January 2023.

The approach adopted by these regulations is reasonable in light of the current uncertainty surrounding EU exit and the regularity of the European and domestic review of plant legislation. In addition, it is in line with the approach taken in England, with whom we share the services of the animal and plant health agency, who undertake operational functions in relation to plant varieties and seeds on behalf of the Welsh Ministers and the Secretary of State. 

There are no other speakers, and I assume that the Minister doesn't wish to respond. The proposal is to agree the motion. Does any Member object? No. [Interruption.]

Yes, you are down, sorry. I jumped far too quickly for my own good. So, I call on the Chair of the Constitutional and Legislative Affairs Committee to contribute to the debate—Mick Antoniw. 

Thank you, Llywydd. I will be succinct on these. The regulations were laid for the purposes of sifting, under the EU withdrawal Act 2018 in accordance with Standing Order 27.9A, and the Constitutional and Legislative Affairs Committee scrutinised the instrument as a proposed negative instrument at its meeting on 16 September 2019. 

We considered the criteria set out in Standing Order 21.3C and in our report laid on 17 September, and we recommended that the procedure for the regulations should be uplifted to the affirmative procedure. Our recommendation resulted from a question relating to the timing of the regulations. In particular, there appeared to be a conflict between EU law setting a time limit upon the use of this power to authorise the marketing of fruit plant material from countries outside the EU, while the regulations set no time limit, as was mentioned by the Minister. So, we're pleased to note the Welsh Government accepted our recommendation for an uplift in procedure. We considered the instrument again as an affirmative instrument at our meeting on 14 October, and there were no further reporting points. 

Thank you. Does the Minister wish to respond? No. Therefore, 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.