12. The Plant Health etc. (Fees) (Amendment) (Wales) (EU Exit) (No. 2) Regulations 2022

Part of the debate – in the Senedd at 5:44 pm on 12 July 2022.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 5:44, 12 July 2022

Diolch, Lywydd, and for the final time today, Minister. [Laughter.]

We considered these regulations yesterday afternoon, and our report contains two merits reporting points. While we have not sought a Welsh Government response to those points, our second merits point comments on an important matter that is worth highlighting to the Senedd.

As the Minister has said, these regulations amend the Plant Health etc. (Fees) (Wales) Regulations 2018, which specify fees payable to the Welsh Ministers in relation to plant health and certification services. The explanatory memorandum accompanying the regulations states that:

'The fees for plant health checks determined by the 2018 Regulations are being amended in this instrument to reflect the frequencies of checks established under the Official Controls (Plant Health) (Frequency of checks) Regulations 2022'.

The frequency of checks regulations have been made by UK Government Ministers and they come into force next week. As the Minister has made clear, the Welsh Government has given its consent to the Secretary of State to make the frequency of checks regulations. The reason I raise this today for the Senedd is to demonstrate, using this example, the increasing complexity of law making for Wales—two Governments and two Parliaments making bits of the law on the same issue, at the same time.

We are writing to the Minister about the Welsh Government consenting to the frequency of checks regulations, because we have concerns that important matters, such as the interlinks with common frameworks, divergence from EU law, and the fact that the regulations appear to provide for a potentially new approach to policy, haven't been fully aired yet in the information that the Minister has provided to the Senedd. The extent, for example, of consultation with stakeholders in Wales specifically prior to their introduction is also unclear. I simply ask the Minister to reflect on these points in her closing remarks. I hope that it's helpful, in raising this today, to show the Senedd, once again, the increasing complexity in these areas with two Governments simultaneously legislating on the same matters.