Amendments to the Environment Bill by the UK Government required a supplementary legislative consent memorandum, laid on 3 September. I am grateful to the Legislation, Justice and Constitution Committee for their consideration of the supplementary memorandum. As a result, I advise the Senedd that consideration of consent should include clause 144, which amends Schedule 7B to the Government of Wales Act 2006. The amendment, which was referenced in memorandum 1, ensures the Senedd can remove the concurrent plus powers without requiring Minister of the Crown consent.

In light of the committee's report, I asked officials to look again at this issue. The provision falls within the Standing Order 29.1(ii) in that it modifies the legislative competence of the Senedd. I agreed with the committee that consent is required and should be considered today. The committee also asked me to consider amendments to Schedules 4, 5, 6, 7 and 11 to require relevant national authorities to consult before making regulations. Memorandum 1 advised that the relevant national authority in relation to Wales is the Welsh Ministers, and outlined the need for the consent of the Senedd to the powers within these Schedules. I consider the amendments added to these provisions were covered by the general requirement for consent outlined in memorandum 1.

The Bill has taken some time to progress through Parliament since its original introduction in January 2020. Both Parliaments have seen their legislative programmes severely impacted because of Brexit and COVID. Despite the delays, the Bill remains a viable route to progress Welsh Government policies and programme for government commitments. Devolved powers are sought in relation to waste and resource efficiency, air quality, water and the regulation of chemicals. We also consider consent is needed for clause 21, which was previously 19, 'Statements about Bills containing new environment law', and clause 119, previously 109, on forest risk commodities. Members will note we have agreed an approach with UK Government on these issues.

Generally, primary legislation in devolved areas should be enacted by the Senedd. In this instance it is, however, sensible and advantageous to seek provisions in the UK Bill with the consent of the Senedd. We have sought powers in the Bill in areas where there is value in adopting co-operative approaches to deliver across the UK administrations. Part 3 of the Bill will provide the legislative framework to meet commitments in 'Beyond Recycling' to deliver an extended producer responsibility scheme for packaging waste and a deposit-return scheme for drinks containers. Given businesses subject to the schemes will operate across the nations, consistency is required. The timetable for introduction of these schemes can only be achieved if we take powers in this Bill. To provide flexibility in developing future schemes for other materials, we are seeking the option of legislating on a Wales-only basis, bringing forward mirror regulations or allowing the Secretary of State to legislate on our behalf for UK-wide schemes. Our default will be to legislate in the Senedd wherever possible.

Part 3 also provides the Welsh Government with the ability to introduce charges for single-use plastic items. This will help deliver our programme for government commitment to abolish the use of commonly littered single-use plastics. Clause 69, which was previously 67, allows the Welsh Ministers to prescribe conditions in respect of litter enforcement. The amendment to this provision, included in the supplementary consent memorandum, will require that guidance is laid before the Senedd. Taking these powers at the same time as England mitigates the risk of a lower standard in Wales.

Powers to develop a UK-wide digital waste tracking system will enable the tracking of waste across borders and the gathering of data to tackle waste crime. It will help develop extended producer responsibility controls for other materials. The powers to tackle waste crime include strengthening NRW's powers to prevent illegal activity and the unauthorised deposit of waste.

Part 4 clarifies the Welsh Ministers' responsibility for producing clean air plans for Wales. The Wales-only provision in the Bill seeks to improve our smoke-control regime, contributing to the reduction of emissions in the atmosphere.

The powers in Part 5 update the regulatory process for water resources management plans. These plans will enable us to continue to plan for the future and regulate the quality of our drinking water and water bodies. The concurrent plus power under clause 90, previously clause 83, relates to river basin districts, including the Rivers Severn, Wye and Dee, which are cross border and where it is necessary to be aligned with DEFRA to ensure a common approach.

Clause 143, previously 133, and Schedule 21 are required as a result of the UK's departure from the EU. The regulation of chemicals features a combination of UK-wide and domestic provisions. The Welsh Ministers had powers under the European Communities Act 1972 to amend these regulations, which have been lost as a result of leaving the EU. The provisions enable Ministers to keep the UK-GB REACH regime up to date, including mirroring changes to EU REACH if required. They also allow the Secretary of State, where appropriate, to legislate on behalf of the Welsh Ministers with their consent, providing for a unified regulatory system. Our approach to legislating is to maximise outcomes for the people of Wales by considering the capacity we have to introduce our own legislation and opportunities available in the UK Government's legislative programme. 

I consider these provisions fall within the legislative competence, and therefore recommend the Senedd provides consent. Diolch.