Part of the debate – in the Senedd at 3:17 pm on 22 January 2020.
Our first conclusion relates to the regulation-making powers in clause 6(1), which can be exercised by Welsh and UK Ministers. It is a Henry VIII power, but the regulations will be made under the negative procedure. Our long-standing position is that regulations that permit the modification of primary legislation should be subject to the affirmative procedure. Our first conclusion reiterates this point.
The Henry VIII power in clause 6(1) is also relevant to our second conclusion, which relates to amending the Government of Wales Act 2006, an issue that was raised yesterday during the debate on the LCM for the EU withdrawal agreement Bill. We're concerned at the apparent lack of any limitation on the face of this Bill in terms of preventing the amendment of the 2006 Act. This is particularly important because the Henry VIII power in clause 6(1), a power that could be used to amend the 2006 Act, can be exercised by regulations subject to the negative procedure. Our second conclusion repeats our established view that any modification of Schedule 7A or 7B to the 2006 Act should be achieved via the process set out in section 109 of that Act.
Our third conclusion relates to the UK Ministers making regulations in devolved areas. At present, Standing Order 30C applies to UK Ministers making regulations in devolved areas under the European Union (Withdrawal) Act 2018. Our general view is that Standing Order 30C should be extended to apply to regulations made by UK Ministers in devolved areas with the consent of Welsh Ministers under any Brexit-related Act. Our third conclusion reflects this position.
Before closing, I would like to mention the sunset provision applicable to regulations made under section 3. We acknowledge that the regulation-making powers in clauses 3(1) and 3(3) to make provision appropriate to prevent or remedy any deficiency in retained EU law governing the CAP direct payments scheme will sunset on 31 December 2020. We noted that the Minister's called this an important safeguard. However, I would just draw attention to clause 6. The regulation-making powers in clause 6 are not subject to such a time limit.
Thank you, Deputy Llywydd.