Therefore, I call on the Minister for Environment, Energy and Rural Affairs, Lesley Griffiths.

Motion NDM7511 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 are made in accordance with the draft laid in the Table Office on 24 November 2020.

Motion NDM7510 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 are made in accordance with the draft laid in the Table Office on 24 November 2020.

Motions moved.

Thank you, Deputy Presiding Officer. I move the motions.

Two sets of regulations are scheduled for debate. The first is the Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020. Part 2 of the regulations amend the Trade in Animals and Related Products (Wales) Regulations 2011 to ensure they operate effectively once the UK leaves the EU. The regulations amend redundant references to EU laws and systems that no longer will be relevant at the end of the implementation period. These amendments are necessary to ensure a functioning system for the importation of live animals, products of animal origin, animal byproducts and germplasm, whilst maintaining biosecurity, protecting animal and human health and animal welfare standards. The proposed amendments maintain the existing import regime at the end of the implementation period. The regulations also introduce transitional arrangements for specified territories by inserting a new Schedule 5 to the 2011 regulations to phase in official controls on imports from those countries subject to special transitional measures. Part 3 of the instrument makes consequential amendments to other statutory instruments following the amendments proposed in Part 2.

Turning to the Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020, Parts 2 to 5 amend retained EU legislation, Welsh and domestic, UK, legislation to ensure the continued delivery of the basic payment scheme in Wales for claim year 2021 and beyond, prior to the introduction of new agricultural support based on sustainable land management.

The provisions establish a simpler legislative framework based on retained EU law. These changes will allow the Welsh Government to continue to support the competitiveness of farming and food production, whilst responding to the climate emergency, reversing biodiversity decline and ensuring high standards of animal health and welfare and protecting natural resources. Among other amendments, the regulations allow for greening practices to be delivered by cross compliance, with the greening ceiling being added to the total BPS ceiling. The regulations amend the process by which the BPS financial ceilings are set, and Welsh Ministers will determine and publish the ceiling each year. The regulations also make administrative amendments to BPS to ensure it is effective and efficient.

Part 6 corrects minor errors in existing EU exit SIs to ensure the provisions come into force as envisaged. Since laying the regulations, we've become aware a minor non-operative change is required to a footnote and, assuming the regulations are passed, this change will be made before the regulations are made. Diolch.

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

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. 

Thank you. I have no other speakers, therefore I call on the Minister for Environment, Energy and Rural Affairs to reply to the debate. 

Thank you very much, Deputy Presiding Officer. Again, I thank the Chair and the committee for their consideration and observations, and confirm the necessary changes will be made to deal with the technical points highlighted at the next suitable opportunity. Thank you.

Thank you. The proposal is to agree the motion under item 13. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.

Again, the proposal is to agree the motion under item 14. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.