8. & 9. The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 and The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021

Part of the debate – in the Senedd at 4:43 pm on 26 January 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 4:43, 26 January 2021

Thank you, acting Llywydd. I speak in respect of both items, 8 and 9. We considered both of these sets of regulations yesterday morning, and our reports have been laid for Members to see. Members will be familiar with the restrictions and requirements imposed on people in Wales under the coronavirus restrictions No. 5 regulations, and also Members will be familiar with the coronavirus international travel regulations. I very much welcome the detailed report that the Minister has given in respect of these regulations.

I will first comment on the coronavirus international travel and restrictions amendment No. 2 regulations. Our report on these regulations contains three merits points. The first and third points will be familiar to Members. We have highlighted the fact that the regulations came into force before they were laid before the Senedd, and we have also noted that, once again, there's been no formal consultation. Our second merits point also appears  frequently in our reports and relates to human rights. We draw attention to a specific paragraph in the accompanying explanatory memorandum that explains the Welsh Government’s justification for interfering with human rights. These regulations amend both the restrictions No. 5 regulations and the 2020 international travel regulations.

There is no express reference in the explanatory memorandum to how amendments to the restrictions No. 5 regulations may interfere with human rights. We do acknowledge that, as with the 2020 international travel regulations that are expressly referenced in the explanatory memorandum, these amendment No. 2 regulations may be unlikely to change the engagement of human rights issues. Nevertheless, in our report, we asked if the position in relation to the restrictions No. 5 regulations could be clarified, and I welcome the Welsh Government’s confirmation that these amending regulations do not change the engagement of human rights issues under these restrictions regulations.

We also note in our second merits point that the relevant paragraph in the explanatory memorandum refers to the European charter of fundamental rights. However, section 5(4) of the European Union (Withdrawal) Act 2018 states that the charter is not part of domestic law on or after 11 p.m. on 31 December 2020. As such, we asked for an explanation for the reference to the charter in the explanatory memorandum, as this matter has been raised in several of our reports laid this week. The Welsh Government’s response to us indicates that this was an error, and I welcome the commitment to ensure that any references to the convention are suitably corrected. 

Turning now to the No. 5 amendment regulations, our report contains one technical point and three merits points. The technical reporting point flags what appears to be defective drafting in respect of new paragraph (4)(a), which is being inserted into regulation 16 of the restrictions No. 5 regulations. The amendment to regulation 16 imposes a requirement on persons responsible for certain premises to carry out specific coronavirus risk assessments. As currently drafted, we do not consider that this new paragraph achieves what we assume to be the intended effect. The Welsh Government agrees with our assessment, and I welcome the commitment to address this error at the earliest opportunity.

Our first merits point again asks for an explanation as to why the explanatory memorandum referenced the European charter of fundamental rights, so I am grateful for the Welsh Government’s explanation, which I have already dealt with. Our second merits point notes there has been no formal consultation. And our third merits point notes that, while a regulatory impact assessment has not been carried out in relation to these regulations, a children’s rights impact assessment and equality impact assessments have, in fact, been completed. Diolch, acting Llywydd.