Item 9 on our agenda is the debate on the Statutory Instrument Consent Memorandum on the Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020, and I call on the Minister for Environment, Energy and Rural Affairs to move that motion. Lesley Griffiths.

Motion NDM7340 Rebecca Evans

To propose that the Senedd agrees, in accordance with Standing Order 30A.10, that the Secretary of State makes The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020, in accordance with the draft laid in Table Office on 4 May 2020.

Motion moved.

Thank you, Deputy Presiding Officer. The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (the regulations) make consequential amendments required because the EU law governing the 2020 direct payment scheme for farmers, established under the common agricultural policy, was incorporated into UK law on exit day, rather than at the end of the implementation period.

Regulations 2, 3 and 4 make consequential amendments to the Interpretation Act 1978, the Statutory Instruments Act 1946, and the Legislation (Wales) Act 2019 to ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and EU legislation incorporated into domestic law under that Act are treated in the same way as EU legislation incorporated into domestic law under the European Union (Withdrawal) Act 2018.

It should be noted that the territorial extent and application of the regulations is UK wide, with provisions having different application depending on the legislation being amended. By way of example, the changes made by the regulations to the Legislation (Wales) Act 2019 extend to England and Wales and apply in relation to Wales. The Interpretation Act 1978's extent is UK wide. The Statutory Instruments Act 1946 extends to England, Wales and Scotland, with elements applying to Northern Ireland.

I believe that it is appropriate and proportionate to deal with the amendments in these regulations due to the territorial extent of the enactments being amended. Furthermore, making the necessary consequential amendments in one instrument helps to promote the accessibility of the law during this period of change. I note that the Legislation, Justice and Constitution Committee considered the regulations on 18 May and come to the conclusion. Diolch.

Thank you. Can I call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw?

Thank you, Deputy Presiding Officer. I intend to keep my remarks this afternoon brief, but I do wish to welcome the fact that the Welsh Government has tabled a motion for debate on this statutory instrument consent memorandum. The reasons for this is that it is an important point of principle that the Senedd makes a decision on whether to permit UK Ministers to amend primary legislation in devolved areas.

As a committee we considered the memorandum at our meeting on 18 May 2020, and we laid our report on 2 June. Now, as the Minister has said, the regulations that are the subject of the memorandum ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and the EU legislation incorporated into domestic law under that Act are treated in the same way as EU legislation incorporated into domestic law under the European Union (Withdrawal) Act 2018. So, as stated in our report, we are content with the memorandum.

Thank you. The Minister, to reply.

I'll just say thank you to the Chair and to the committee for their comments.

Thank you. So, the proposal is to agree the motion. Does any Member object? I don't see any objections, therefore the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.