14. The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

Part of the debate – in the Senedd at 6:56 pm on 23 March 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 6:56, 23 March 2021

Diolch, Llywydd. We considered these regulations at our meeting yesterday morning, and our report contains one technical and two merits points. We noted a previous version of these regulations and a draft report on those regulations at our meeting on 15 March. As the Minister has just confirmed, following our report, the Welsh Government withdrew those regulations and relaid a new set, which are the subject of the debate today. The technical point draws attention to what appears to be an issue of defective drafting. In response, the Welsh Government told us it agreed with our assessment and that it would correct the references at the next suitable opportunity.

Our first merits point notes an inconsistency in the use of 'shall' and 'must' in the regulations. 'Writing laws for Wales: guidance on drafting legislation', which is published by the Welsh Government states that

'Welsh legislation should not use "shall" in the English language text.... Provisions imposing obligations should use "must"'.

The inconsistency was drawn to the Welsh Government's attention when the committee considered the previous version of the regulations. The Welsh Government noted the point but responded that the use of 'shall' will not change the effect of the text.

Our second merits point highlights a particular section of the explanatory memorandum, which states that Welsh Government officials consider the regulations to be 'routine technical amendments to the rural development legislative framework.' However, the explanatory memorandum also states that the regulations

'put in place a domestic framework to fund new rural development schemes in Wales following the end of the EU Implementation Period'.

We've drawn particular attention to these statements because the code of practice on the carrying out of regulatory impact assessments requires a regulatory impact assessment to be included as part of the explanatory memorandum, laid alongside a draft statutory instrument to be made by the Welsh Ministers unless certain exceptions apply. One exception is where routine technical amendments are required to update regulations. So, although the exception appears to apply to some of the amendments made by the regulations, provisions that put in place a domestic framework to fund new rural development schemes appear to constitute more than routine amendments.

When we considered the previous version of the regulations, the Welsh Government was asked to confirm which exception under the code applies to the decision not to produce a regulatory impact assessment. In confirming that it considers the regulations to contain routine technical and factual amendments, the Welsh Government response also said that the regulations do not create any new financial implications, criminal sanctions or administrative burdens that would affect the public or private sectors, charity or the voluntary sectors. Diolch, Llywydd.