We move now to item 14, the Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021. I call on the Minister to move the regulations—Lesley Griffiths.

Motion NDM7657 Rebecca Evans

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

1. Approves that the draft The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 are made in accordance with the draft laid in the Table Office on 12 March 2021.

Motion moved.

Diolch, Llywydd. Thank you. I move the motion. I'd like to thank the Legislation, Justice and Constitution Committee for its scrutiny of this statutory instrument. Following feedback from the committee, the instrument has been amended and relaid, ensuring the majority of technical scrutiny points raised have been addressed. The necessary change to deal with the remaining technical point highlighted will be made at the next suitable opportunity. Parts 2 to 4 of the regulations amend retained EU legislation and Welsh legislation to provide a regulatory framework to enable new domestic rural development support schemes, alongside the EU rural development programme 2014-20. The amendments were consulted on in the 'Sustainable Farming and our Land' consultation, which I launched on 31 July 2020 and closed on 23 October of last year. Part 5 of the instrument makes minor amendments to address errors identified in retained EU legislation relating to direct payments to ensure the legislation is accurate and functions effectively. Diolch.

Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

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.

Plaid Cymru will be supporting these regulations, of course, and whilst they are quite technical in nature, I think it is important that there is continued support available for Welsh farmers post Brexit and the common agricultural policy, and these regulations will provide some assurances in that regard. I'm pleased that the Government has reconsidered its position on support for young farmers. I think that's very important and, of course, we need more than just that, but it is a positive development. 

I would be eager—and I've tried to raise this is in the past with the Minister and I've not necessarily had a specific response to this point. But we know, of course, that commitments were made that not a penny less would be paid or would be available for us to support farmers post Brexit. Now, we saw how the Conservative Government in Westminster cut £137 million from that budget immediately and broke every pledge that was made prior to that. But, of course, there is a part of that deal the Welsh Government will have to acknowledge, namely the domestic co-financing that the Welsh Government would have provided to the RDP for 2021-27. And I would ask the Government to make it clear that it is the Welsh Government's intention to continue with that commitment come what may. I think that would be something that we should be making clear, so I will ask the Minister to respond to that.

But, as this is perhaps my final opportunity to formally reply to the Minister in this Senedd, I want to thank her for her work. We haven't agreed on all occasions, and I am convinced that where we want to get to is very similar, but perhaps we disagree on the direction of travel, and that's what we've done over recent times. But, certainly, despite any disagreements we may have had, she has engaged with me as a shadow Minister in a very fair and friendly manner, and for that I want to say thank you.

The Minister to reply to the debate—Lesley Griffiths.

Diolch, Llywydd. In relation to the response from the Chair of the LJC committee, I will just confirm again that the necessary changes will be made to deal with the single remaining technical point at the next suitable opportunity.

I'd like to thank Llyr Huws Griffiths for his very kind words. He's quite right, we haven't always seen eye to eye, but we've always dealt with each other, as he said, in a friendly manner, and I've always been very interested in his views and respected the comments he's come forward with.

Just in relation to the funding issue, I still have not given up on the UK Government funding us properly. Just yesterday, I discussed it with the Secretary of State for the Department for Environment, Food and Rural Affairs in our latest DEFRA inter-ministerial group meeting, and explained again how the UK Government had broken its promise that Wales would not lose a penny if we left the European Union. Those discussions are still going on, and I can see my colleague the Minister for Finance in Plenary today, and I know she is continuing to fight that also.

It will be for the next Government, obviously, to look at how that funding can be identified, but, clearly, £137 million is a huge amount of money to find, but we will continue to press the UK Government to keep their promise, going forward. Diolch.

Thank you. The proposal is to agree the motion. Does any Member object? I don't see any objections to this motion, and therefore the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.