Group 3: Guidance (Amendments 15, 17)

– in the Senedd at 4:45 pm on 6 December 2022.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:45, 6 December 2022

(Translated)

Group 3 is next. This group of amendments relates to guidance. The lead amendment in this group is amendment 15, and I call on Janet Finch-Saunders to move and speak to the lead amendment and the other amendment in the group—Janet Finch-Saunders.

(Translated)

Amendment 15 (Janet Finch-Saunders) moved.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 4:45, 6 December 2022

Diolch, Llywydd. Amendment 15 inserts a new subsection to point 3 of section 2 of the Bill. Now, under the section 'Prohibited single-use plastic products', this amendment will ensure Welsh Ministers publish guidance explaining how the existing exemptions will apply to straws and how suppliers can be reasonably satisfied that consumers need the straw for health or disability reasons. Now, I think this is really important to get right. Welsh Ministers need to make sure that guidance is published so there is a blanket understanding by businesses across Wales. We cannot be having a consumer being accosted to prove they have a disability or that their disability is worth the exemption. We also can't have one business say 'okay' to providing a straw, then the next business the consumer enters saying 'no'.

Amendment 17 will insert a requirement for Welsh Ministers to consult with persons who they consider represent those who have a protected characteristic before making regulations under section 3. Again, I also think this amendment is really important. Now, I would hope that Ministers would communicate with groups or people who do represent those with protected characteristics. However, I do think it's important to get this confirmed on the Bill. I am grateful that the Minister and her team have worked with me on this amendment. This does show that there is a common goal here between us to make sure that this Bill is inclusive. Diolch.

Photo of Julie James Julie James Labour 4:47, 6 December 2022

Turning to amendment 15, tabled by Janet Finch-Saunders, this amendment inserts a provision in section 2 of the Bill to set out how the exemptions contained in table 1 of the Schedule relating to single-use plastic straws should apply: specifically, how a supplier can be satisfied that they reasonably believe a person needs a straw for health or disability reasons. It is very important that this exemption is handled sensitively. Disabled people and their representative groups have continually stressed they care about the environment and want to do their part to protect it. However, at the same time, they do not want to suffer discrimination or be subject to negative views for using products they may rely on to care for themselves or to stay safe. We have made it clear from the start that, when individuals do request a straw, they do not need to provide any evidence of that need. Based on the overwhelming level of support for the bans and exemptions, we do not believe individuals will request a straw unless they genuinely need it. Consequently, we believe there will not be any burden on the supplier to request evidence of that need, nor will there be any requirement of the supplier to make any assumption of that need. To ensure businesses and disabled people are aware of this approach, we are developing comprehensive guidance and producing awareness-raising material. Llywydd, should the Bill pass here today, initial communications will be released this week to start this process. Based on the reasons I've provided, I consider amendment 15 is unnecessary and will not be supporting it.

Next is amendment 17, also tabled by Janet Finch-Saunders. This amendment is in relation to section 3 of the Bill and requires Welsh Ministers to consult with representatives of protected characteristic groups in relation to introducing regulations under the Bill that may impact upon them. This amendment was originally tabled by the Member at Stage 2, and this sought to amend section 3 of the Bill to place an obligation on the Welsh Ministers to consult with representatives of disabled persons in relation to introducing future bans that may impact upon them. While I supported the principle of the amendment at Stage 2, my preference was for an amendment that requires the Welsh Ministers to consult not only the representatives of disabled persons, but the representatives of any protected characteristic group. I believe this approach will ensure we continue to account for the needs of these groups as we take work forward in future phases of the Bill. I very much thank the Member for working collaboratively with us to make these important changes, and I’m very pleased to support amendment 17 and ask Members to do the same. Diolch.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

Again, obviously, I'm very grateful to the Minister for that with amendment 17, but, in order to ensure the protection of those who do have a protected characteristic, and I do want to ensure that Welsh Ministers liaise with groups to guarantee the protection, I'll still be putting forward amendment 15.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 15 be agreed to. Does any Member object? [Objection.] Yes, there is objection. Therefore, we'll proceed to a vote on amendment 15. Open the vote. Close the vote. In favour 26, no abstentions, 28 against. Therefore, amendment 15 is not agreed.

(Translated)

Amendment 15: For: 26, Against: 28, Abstain: 0

Amendment has been rejected

Division number 4039 Amendment 15

Aye: 26 MSs

No: 28 MSs

Aye: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name