7. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021

Part of the debate – in the Senedd at 5:53 pm on 23 March 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 5:53, 23 March 2021

Thank you, Dirprwy Lywydd. We considered these regulations at our meeting yesterday morning, and our report contains three technical and five merits points. All three technical reporting points highlight what appear to be issues of defective drafting. The Welsh Government's response to these reporting points acknowledges these errors, and we welcome the Government's commitment to make the necessary corrections at the earliest opportunity.

Three of our merits reporting points will be familiar to Members. We've noted the Welsh Government's justification for any potential interference with human rights, that there has been no formal consultation on the regulations, and that a regulatory impact assessment has not been carried out. Our final two merits points relate to important matters about how Welsh citizens are able to understand the law that applies to them. Point 7 in our report notes that the changes brought into force by the regulations are given effect, in large part, by requiring the reader of the regulations to read various provisions in a particular way. Notably, readers are invited to read Schedule 4 to the principal regulations as if the wording of that Schedule is different from the actual wording that appears in it. This method has been used instead of simply amending the principal regulations. We recognise that the reason for this is partly because the changes are time limited. We also recognise the pressures currently faced by the Welsh Government in this respect. However, the use of this complex mechanism does mean that it's likely that, in many cases, only experienced readers of legislation may be able to find out the true effect of the regulations, and this obviously raises issues of the law lacking a degree of transparency.

In responding to our concerns, Welsh Government has said that, on balance, it considers this is the most appropriate way of making the required changes whilst also maintaining the principal requirements and core structure of Schedule 4 intact. The Government’s response also indicates that, while it hopes it will not be necessary, the system provided for in the regulations would enable a return to stricter restrictions quickly, either for the whole of Wales or a part of Wales. In its response to our report, the Welsh Government has also acknowledged the importance of the regulations to the general public.

We welcome the Government's decision to publish an illustrative document on the coronavirus and the law pages of gov.wales that shows the alert level 4 restrictions and requirements as they have been temporarily modified. We also welcome the Government’s intention to consider ways of drawing the public's attention to this document should this drafting approach continue to be used in the future.

Finally, reporting point 8 follows on from the previous point and highlights a particularly complex maze of provisions, which are explained in full in our report. The point relates to the change made by regulation 3(2) of the amendment No. 5 regulations. So, in responding to our concerns, Welsh Government has said that it does consider the drafting to be sufficiently clear. However, it has agreed to consider additional ways of ensuring the accessibility of these provisions should it be necessary to make similar modification in future amendment regulations. Diolch, Dirprwy Lywydd.