Part of the debate – in the Senedd at 6:11 pm on 29 September 2020.
Thank you, Llywydd. We considered these regulations at our meeting on 14 September. Our subsequent report, laid on the same day, raised both technical and merits points and incorporated the Welsh Government response.
Our two technical reporting points both raised concerns over the clarity of the legislation for those who would be accessing it. Our first point noted that regulation 2 adds provisions of certain enactments to the list of enactments in paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020. That list runs in chronological order. However, regulation 2 adds section 43 of the Education Act 1997 to the list after the School Standards and Framework Act 1998. Our report noted that this has the potential to cause confusion for anyone searching paragraph 7(6) for a specific statutory reference. The Welsh Government response acknowledges the inconsistency but states that the entry remains effective. Whilst we do not question the effectiveness of the regulations, we would still highlight the importance of making legislation that is clear and can be easily accessed and understood by those it affects.
Secondly, we noted an incorrect footnote referencing the Welsh version of the regulations. The Welsh Government response clarified that this was due to a formatting error, which has since been corrected by the Queen's Printer during the publication process.
Our final point with regard to the regulations: a merits point noted that no formal consultation had taken place. We acknowledged the reasons given for this in the explanatory memorandum, mainly that this is in the light of the unprecedented situation created by the coronavirus pandemic and the challenging timescales within which the regulations need to be made. Diolch, Llywydd.