Group 6 is the next group of amendments, and these relate to Senedd procedure and process for making regulations. Amendment  85 is the lead amendment in this group and I call on Laura Anne Jones to move the amendment and speak to the group. Laura Jones.

Amendment 85 (Laura Anne Jones) moved.

Diolch, Llywydd. I want to speak to my own amendments first. The purpose of amendment 85 and several others within the group is to require any direction from Welsh Ministers to be done so by statutory instrument, subject to the affirmative procedure, and to be done only following consultation with the relevant Senedd committee. This is in line with recommendation 21 of the committee and with maintaining a true arm's-length situation whilst ensuring the proper checks and balances are present regarding any actions from the Welsh Government.

Amendments 87 to 89 and 96 are probing amendments designed to encourage clarification on the designation of any other providers of tertiary education and consultation with appropriate bodies.

On amendment 105 and its conditionals, I'm resubmitting the amendment to change the powers under section 138 to the affirmative procedure. My group and I remain of the opinion that it is a mistake to place the procedure in the negative, given the quantity of negative regulations that have been tabled throughout the Bill and its consequential impact on Senedd scrutiny. 

Amendment 108 serves also as a probing amendment to seek clarity on the categories of registration and consultation with appropriate bodies.

On amendment 111, I'm resubmitting this amendment as a precaution to ensure the removal of Henry VIII powers and to reiterate the opposition of both myself and of Cardiff University to such elements within the legislation.

Finally, on amendment 118, I also seek here to subject regulation-making power under section 143 to affirmative procedure, as well as to remove Henry VIII powers.

As for the Minister's amendment, I am happy to support this amendment as I understand that it's necessary housekeeping for the Bill. Diolch.

Does the Minister wish to contribute to the debate on this group?

Diolch, Llywydd. I'll start with amendment 66, which is a minor and technical amendment that I've tabled to remove a reference to section 140 of the Bill to regulation-making power previously provided for in section 33(1) of the Bill in light of its removal during Stage 2 proceedings, and I welcome Laura Anne Jones's support for that amendment. 

The majority of the remaining amendments in this group are repeats of those tabled at Stage 2. Amendment 85 requires general directions under section 21 of the Bill to be made by statutory instrument, whilst amendment 107 subjects the SI to the affirmative Senedd procedure. The general direction of power enables the Welsh Ministers to give the commission directions in relation to specific matters set out on the face of the Bill, and amendment 106 is consequential to amendment 107. These directions relate to a single body and specific matters, and do not provide for general law making of a wider nature. The requirement to publish the direction, report it to the Senedd and lay a copy of the directions before the Senedd will ensure the accessibility and transparency of any directions. I therefore reject amendments 85, 106 and 107, and call on Members to do the same.

I also reject amendments 108 and 109, which subject regulations made under section 25(2) and 25(8) to the affirmative Senedd procedure, whilst amendment 110 makes the same provision in respect of regulations made under section 41(2) and 43(13). These regulations have been assigned the negative Senedd procedure as the substance of the provision is set out clearly on the face of the Bill. These regulations prescribe technical and administrative matters that may require updating from time to time, or make transitional or saving provisions. As such, the negative procedure is appropriate in relation to each of these regulation-making powers.

I do not support amendment 111, which applies the affirmative Senedd procedures to regulations made under section 143, dealing with matters such as consequential amendments or incidental or transitional provision in relation to subordinate legislation. This is disproportionate and unnecessary, as such provision, in respect of subordinate legislation, is, by its nature, technical and does not deliver substantive policy changes. 

I reject amendment 118, which removes the ability of the Welsh Ministers to amend, modify, repeal or revoke an enactment in consequence of, or to give full effect to, provisions of the Bill. Without this power, further primary legislation will be required to make any consequential amendment that becomes apparent as necessary after Royal Assent. Whilst technically a Henry VIII power, its use is limited to provision in the consequence of, or for giving full effect to, provisions of the Bill. It would be highly unusual for primary legislation not to contain such a power, and risks the legislation not operating as intended. Where the power is used to amend or modify primary legislation, it is subject to the affirmative Senedd procedure. 

Amendments 87, 88, 89 and 96 are unnecessary. The Welsh Government formally consults as standard when preparing subordinate legislation, and we publish summary reports following the conclusion of these consultations. As I have stated, Llywydd, all regulation-making powers have been fully considered and the appropriate Senedd procedure applied, thereby enabling the Senedd to scrutinise the subordinate legislation, and I do not consider it necessary to provide a statutory requirement to publish draft regulations ahead of the regulations being laid or made. And so, I call on Members to support amendment 66, tabled in my name, and to reject all the other amendments.

Laura Jones to respond.

Diolch. Thank you for your response, Minister. I remain of the firm belief that there is an overabundance of amendments in the negative, and that safeguards are necessary to ensure that the reach of the Welsh ministerial powers is limited, as outlined previously by concerns highlighted by the committee itself. I therefore ask Members to support our amendments.

The question is that amendment 85 be agreed. Does any Member object? [Objection.] There is objection. We will move to a vote on amendment 85. Open the vote.

Amendment 85.

Close the vote. In favour 15, no abstentions, 38 against. Therefore, amendment 85 is not agreed.

Amendment 85: For: 15, Against: 38, Abstain: 0

Amendment has been rejected