Item 6 is the Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020. I call on the Minister for Environment, Energy and Rural Affairs to move the motion—Lesley Griffiths. 

Motion NDM7553 Rebecca Evans

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

1. Approves The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 laid in the Table Office on 18 December 2020.

Motion moved.

Thank you very much, Chair. I move the motion. These regulations amend the Seed Potatoes (Wales) (Amendment) (EU Exit) Regulations 2019 and the Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020. They also revoke elements of the Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 and the Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019. These amendments are to ensure legislation relating to plant propagating material and seeds remains operable and accounts for matters including the withdrawal agreement and the Northern Ireland protocol. The UK Government have made equivalent amendments in the Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020. Regulation 2 of the regulations also addresses errors identified in EU exit legislation and contains provisions that effect a change of drafting approach. The amendments are technical in nature and do not reflect a change of policy. Thank you. 

I still seem to have the Chair, so I will call the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw. 

Thank you. We considered these regulations yesterday morning, and our report has been laid to inform this afternoon's debate. Our report contains one technical reporting point. We have raised this reporting point as we believe one aspect of the regulations requires further explanation. The regulations permit the Welsh Ministers to authorise the marketing of vegetable seed that is not listed on the Great Britain variety list, provided an application has been made for entry into the Great Britain variety list or the Northern Ireland variety list. However, under the regulations, the authorisation may be requested by the person who has submitted an application for entry of the varieties concerned onto the Great Britain variety list, the Northern Ireland variety list or a list of a country granted equivalence. It is not immediately clear to us why a person who submits an application for entry onto an equivalent list is permitted to request authorisation from the Welsh Ministers in these circumstances. This is because a condition of authorisation is that an application has been made for entry into the Great Britain variety list or the Northern Ireland variety list and not an equivalent list. We therefore asked for the Welsh Government's views on this apparent inconsistency. We welcome the Welsh Government's response, advising that our concern is to be addressed, that it will come back to us on this issue in due course. We also note as a result that the Welsh Government has opened discussions with the UK Government because the provisions are connected to a variety listing regime that applies to Great Britain. Diolch. 

Thank you very much. I have no other speakers. I will call the Minister in case she wants to respond to anything that the Chair of the legislation committee has said. Minister.

Thank you, Chair. I will respond to the Chair of the committee's question. I think it is a point that's very well made; I think it's pertinent to legislation that applies beyond Wales, an identical provision having been made to legislation that also applies to England. Whilst the provisions are connected to a variety listing regime that applies to Great Britain, we have opened a dialogue with the UK Government, as the Member referred to. We've asked them to investigate their improved interaction with that regime. The committee's concerns will be addressed and I will obviously return to the committee as soon as a way forward has been settled. Diolch.

Thank you, Minister. The proposal is to agree the motion. Does any Member object? I see no Member objecting, so the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.