13. & 14. The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 and The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020

Part of the debate – in the Senedd at 4:53 pm on 15 December 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 4:53, 15 December 2020

I thank you again, Dirprwy Lywydd. We had the pleasure of considering both sets of regulations at our meeting yesterday morning, and our reports have been laid before the Senedd to assist today's debate. If I may, I will deal with the trade in animals and related products regulations first of all. Our report on these regulations contains one technical reporting point, and two merits reporting points. Regarding the technical reporting point, we requested further explanation from Government as to why, in our view, a superfluous amendment is being made to the Trade in Animals and Related Products (Wales) Regulations 2011. In its response, Welsh Government has agreed with us that the amendment is superfluous. They note it will take steps to correct this at the next suitable opportunity.

Our first merits point relates to the Welsh Government consulting with the UK Government over potential divergence to EU rules in relation to animal welfare, despite the absence of an agreed framework between the UK Government and all of the devolved administrations. Our second merits point noted that the Secretary of State has been consulted in line with the requirement in paragraph 4 of Schedule 2 to the European Union (Withdrawal) Act of 2018.

Turning now to the direct payments to farmers and rural affairs regulations, our report on these regulations contained two technical reporting points and one merits point. On the first technical reporting point, the regulations make a number of amendments to retained EU law, including omitting provisions contained in the retained EU law insofar as they relate to direct payments. Although certain provisions have been omitted, reference to some of those omitted provisions remain in retained EU law. The Welsh Government, in response to our report, indicates that the error will be corrected. 

Our second technical point, reporting point, noted that the drafting appears to be defective as the regulations appear to omit an article from an EU regulation that has already been removed by earlier regulations. In its response to our report, Welsh Government has agreed with our assessment and confirmed that the erroneous omission has no legal effect. Had there been a suitable instrument being taken forward, the Welsh Government would have taken the opportunity to amend these regulations. 

Our single merits point relates to the code of practice on the carrying out of regulatory impact assessments. The explanatory memorandum states that these regulations

'do not make fundamental changes to the current agricultural support funding arrangements and will have no significant effect on public or private sectors, charity or voluntary sectors.'

However, the explanatory memorandum also explains that these regulations

'simplify the administration of the scheme',

'remove or reduce burdens on persons applying for direct payments under the scheme',

'improve the way the scheme operates', and 

'ensure sanctions and penalties imposed under the scheme are appropriate and proportionate'.

Although an exception in respect of technical or factual amendments under the code of practice would appear to apply to some of the amendments made by these regulations, other provisions appear to constitute more than routine or factual amendments. So, in response, the Welsh Government has stated that they consider the changes to be routine technical amendments to the operation of the scheme.

That concludes the report, Dirprwy Lywydd.