Part of the debate – in the Senedd at 4:29 pm on 12 July 2022.
Thank you, Minister, for your kind comments about the work that we've done and the engagement that you've had with us on this. In respect of your opening remarks, we do love 'technical and complex'. The suite of regulations today is part of the third tranche of subordinate legislation required to support the implementation of the Renting Homes (Wales) Act 2016.
Our technical reporting point across all three regulations concerned a drafting matter related to the Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022, namely that the provision of the Act that requires regulations to be subject to the affirmative procedure has been omitted from the preamble and the headnote. We note that the Welsh Government response agrees with this point and states that as the error is technical in nature, a corrected version will be used on making.
We noted that each set of regulations was not subject to consultation and we raised these as merits points. The Minister explained, in response, that this was because the amendments again were technical in nature. Specifically, as regards the amendment regulations and the amendment of Schedule 12 regulations, the Minister told us that that this was also due to the fact that none of the amendments they contain make any substantive changes to policy positions set out in primary legislation. Our report also highlighted that several issues addressed by the amendments were raised with the Welsh Government by external stakeholders seeking clarification on the application of the legislation and were discussed with them.
The regulations subject to the debate today are all being made using Henry VIII powers, as they amend primary legislation. In raising this as a merits point for the amendment regulations and the amendment of Schedule 12 regulations, we drew attention to the Stage 1 report of our predecessor committee in the fifth Senedd on the Renting Homes (Amendment) (Wales) Bill, which sought clarification on the justification for the inclusion of Henry VIII powers in that Bill. The clarification provided by the Minister at that time is included in the respective reports.
We have also reported on the Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022, and our report raised a significant number of points. Whilst I acknowledge, as the Minister indeed said in her opening remarks, that they have been withdrawn from today’s agenda and will not be voted on today, it may be helpful if the Minister could clarify whether there is any impact on this suite of regulations and the implementation of the 2016 Act as a consequence of the withdrawal. Diolch yn fawr iawn, Llywydd.