Item 7, the Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019. Again, I call on the Minister for Environment, Energy and Rural Affairs to move that motion. Lesley Griffiths. 

Motion NDM7198 Rebecca Evans

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

1. Approves that the draft The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 is made in accordance with the draft laid in the Table Office on 5 November 2019.

Motion moved.

Thank you, Deputy Presiding Officer. I move the motion. These amending regulations impact on three pieces of Welsh legislation: the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002, the Genetically Modified Organisms (Transboundary Movement) (Wales) Regulations 2005, and the Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

Regulations 2 and 3 make various amendments to correct failures of retained EU law to operate effectively and other deficiencies arising from withdrawal from the EU. This follows technical points raised by CLAC in their report of 13 March 2019, as set out within the accompanying explanatory memorandum. The amending regulations ensure that existing processes on the release and marketing of genetically modified organisms continue to need prior authorisation. Such authorisation will only be granted if a science-based assessment indicates the safety of human health or the environment will not be compromised. In addition, regulation 4 of these amending regulations make revocations necessary for regulations 2 and 3 to be effective. Our approach on the release of GMOs will be consistent with that taken by England, Northern Ireland and Scotland.

Thank you. I call on the Chair of the Constitutional and Legislative Affairs Committee, Mick Antoniw.

Diolch, Dirprwy Lywydd. Following our consideration on 18 November of these regulations, you'll see the committee—obviously a very exciting committee—laid a report before the Assembly that identified both the technical and merits points against criteria set out in Standing Orders 21.2 and 21.3. These regulations make reference to various pieces of EU legislation, most of which have been amended, so would operate effectively in UK law after exit day. However, we noted that one council decision from 2002 does not appear to have been amended. In our first reporting point, we therefore requested an explanation from the Welsh Government. In its response, it said that failing to update the EU legislation should not cause confusion and that updating EU legislation in this way usually falls to the UK Government. We were advised that the Welsh Government officials will be raising the matter with the Department for Environment, Food and Rural Affairs to consider whether any amendments may be needed, and we welcome this course of action.

Under Standing Order 21.3, we identified three points where we considered that further clarification was needed. Our first two merits points relate to references within the regulations being amended. These regulations amend regulations from 2002, and as a result, there are now references to both the National Assembly for Wales and the Welsh Ministers when, in these circumstances, they mean the same thing.

We also noted a mix of the use of 'shall' and 'must' in the 2002 regulations. While we do not believe that this causes the 2002 regulations to be deficient in any way, we do note that, where mixed references remain, the possibility of confusion therefore also remains. We have noted that the Welsh Government's response to the 2019 regulations deal with outdated uses of the National Assembly for Wales and 'shall', where practicable.

On the final point, it noted that the explanatory memorandum included an incorrect definition of exit day. We noted the Welsh Government's response to this point and we acknowledged that the explanatory memorandum has since been relaid. Diolch, Dirprwy Lywydd.

Thank you. I have no speakers. I call the Minister for Environment, Energy and Rural Affairs to reply. No? Thank you. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.