Item 6 on the agenda is the statutory instrument consent motion on the Pilotage Act 1987 (Amendment) Regulations 2019, and I call on the Minister for Economy and Transport to move the motion—Ken Skates.

Motion NDM7225 Rebecca Evans

To propose that the National Assembly for Wales:

Agrees, in accordance with Standing Order 30A.10, that the Secretary of State makes the Pilotage Act 1987 (Amendment) Regulations 2019, in accordance with the draft laid in Table Office on 17 December 2019.

Motion moved.

Diolch, Dirpwy Lywydd. The primary legislation amended by the statutory instrument is indeed the Pilotage Act 1987 (Amendment) Regulations 2019, which governs the operation of maritime pilotage in the UK. A maritime pilot is a seafarer, not part of the ship's crew, who has detailed knowledge of a port approach or dangerous navigational area, who has expertise in ship manoeuvring and uses that knowledge to ensure the safe passage of a vessel within a specified area.

Now, the subject of the SI is to update the definition of 'EEA State' in the Pilotage Act 1987. This relates to the acceptance of qualifications from states that are party to the EEA agreement. As currently drafted, the definition of 'EEA State' in the Pilotage Act 1987 does not include any states that became a party to the EEA agreement after May 2003 when the definition was inserted into the Act.

The UK Government are making this amendment pursuant to section 2(2) of the European Communities Act 1972, which will be repealed on exit day. That’s why, although this anomaly has existed for a considerable period, the UK Government has decided to make this amendment now. The amendment will ensure that the statute book is accurate and up to date ahead of the UK’s exit from the European Union.

These changes also fall within the legislative competence of the National Assembly, insofar as they relate to devolved pilotage, and devolved pilotage is expressly carved out of the reserved matter of pilotage within the Government of Wales Act 2006. Dirprwy Lywydd, I consider the change as purely technical, uncontroversial, and to represent no change to policy. However, it is important nevertheless that the role of the Assembly in considering devolved legal matters is preserved and that opportunities are given for debate and scrutiny of legislative changes to Wales by its appropriate democratically elected body, and it’s on this basis that I have tabled a motion to debate this SI.

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

Thank you, Dirprwy Lywydd. We considered this statutory instrument consent memorandum for the Pilotage Act 1987 (Amendment) Regulations 2019 at our meeting on 6 January 2020. We laid our report last Friday, 10 January.

In considering the statutory instrument consent memorandum and our response to it, we also took account of the Minister's letter to us, dated 17 December 2019. That letter can be found via the committee's report. In the letter the Minister stated that, as regards the SICM process,

'The First Minister’s position, due to the volume of correcting SIs and limiting timescales, was to develop a compromise to ensure that Brexit related SICMs would be dealt with in a timely manner'.

As Members will know, the compromise position was that the Welsh Government has not, up to this point, brought forward motions for debate on Brexit-related statutory instrument consent memoranda. The Minister, in his letter, went on to say,

'In correspondence with you in August the First Minister stated that, as the majority of the programme to correct the statute book has been substantially completed, the time is right to re-examine this approach and revert to the normal procedure whereby Welsh Government table Motions for SICMs.'

So, in the light of the comments made by the Minister today we welcome the Minister's commitment to table this motion for debate, which we've now had, and we're content with that memorandum. Diolch, Dirprwy Lywydd.

Thank you. I have no other speakers. I call the Minister to reply, if he feels—.

Moved.

Moved, okay. Thank you. That's fine. 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.