Diolch, Llywydd. The first set of regulations that we'll consider today, the principal set of coronavirus restrictions regulations, were laid before the Assembly during the period when the Legislation, Justice and Constitution Committee were not sitting as usual, as a result of this ongoing COVID-19 pandemic. As such, and in line with the temporary process established by the Business Committee, an advice note prepared by Assembly Commission lawyers was laid before the Assembly by the Llywydd. The note contained the same advice that would have been provided to our committee. The Welsh Government has laid a response to the points raised in that advice note, and both documents have been made available to all the Members and are available to them on today's agenda. 

We considered the amending regulations at our committee meeting yesterday morning and laid our report on the regulations straight after our meeting. Our report contains two technical reporting points under Standing Order 21.2, and three merits points under Standing Order 21.3. Again, our report is available as a supporting document on the Plenary agenda, and I won't comment on each of the reporting points this afternoon. My contribution will focus on our second technical reporting point and our first merits point.

Our second technical reporting point relates to the powers on which the Welsh Government has relied to make the regulations. In making these regulations, Welsh Ministers have not relied on the enabling power contained in section 45C(4)(d) of the Public Health (Control of Disease) Act 1984. Section 45C(4)(d) of the 1984 Act enables the Welsh Ministers to include in regulations a special restriction or requirement.

Regulations 2 and 4 of these regulations respectively amend regulations 5 and 7 of the principal regulations, which require the closure of holiday accommodation and places of worship during the emergency period. Regulation 7 of these amending regulations also amends various provisions of the principal regulations concerning the closure of premises.

In our report, we said that it appears that Welsh Ministers should rely on enabling powers under section 45C(4)(d)of the 1984 Act in order to make the regulations 2, 4 and 7. I note that the Welsh Government's view is that these regulations have been made in exercise of the powers that accurately reflect the content of them. The Welsh Government believe that the power to make regulations is centred upon section 45C(1) of the 1984 Act and referring to section 45C(4) of the 1984 Act would be unhelpful and inaccurate.

So, moving on to our first merits reporting point, which relates to human rights, the explanatory memorandum that accompanies the amending regulations sets out the Welsh Government's assessment of the interference with certain articles of the European convention on human rights. The explanatory memorandum names articles 1, 8 and 11. In our view, the assessment does not appear to be complete, because we believe that article 9 of the European convention on human rights—freedom of thought, conscience and religion—is engaged in respect of regulations 4 and 6 of these regulations. This right is a qualified right, which permits the Welsh Ministers to interfere with the exercise of the rights in the same manner as with articles 8 and 11 of the European convention. And, further, until the end of the EU withdrawal transition period, the Charter of Fundamental Rights of the European Union will apply to the United Kingdom.

There are corresponding protections to those in the European convention on human rights contained in the EU charter of fundamental rights: subject to the principle of proportionality, limitations that affect the rights under the charter may be made if they are necessary and genuinely meet objectives of general interest that are recognised by the European Union or the need to protect the rights and freedoms of others.

Fundamentally, in our view, the justification given by the Welsh Government in relation to the articles 8 and 11 of the European convention applies equally to interference with the rights under article 9 and the EU charter of rights. Thank you, Llywydd.