Group 6: Exemptions-in relation to cotton buds (Amendments 31, 32, 33, 35, 36, 37, 38)

– in the Senedd at 5:01 pm on 6 December 2022.

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Photo of Elin Jones Elin Jones Plaid Cymru 5:01, 6 December 2022

(Translated)

We'll move next to group 6, which relates to exemptions in relation to cotton beds. The lead amendment in the group is amendment 31, and I call on Janet Finch-Saunders to move and speak to the lead amendment and the other amendments in the group. Janet Finch-Saunders.

(Translated)

Amendment 31 (Janet Finch-Saunders) moved.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 5:01, 6 December 2022

Diolch, Llywydd. So, I will be speaking on amendments 31, 32, 33, 35, 36, 37 and 38. Amendments 31, 32 and 33 would add to the Bill exemptions for cotton buds. Amendment 31 would add an exemption for cotton buds supplied to a forensic service provider from the Bill. Amendment 32 would add an exemption for cotton buds used as a relevant device for medical purposes or by a health professional for medical purposes. Amendment 33 would add an exemption for cotton buds supplied for diagnostic, educational or research purposes from the Bill.

Amendment 35 would amend the existing definition of a 'health professional' in this Bill. The amendment would bring the definition of a 'health professional' in line with the UK Government's respective legislation. I don't want to keep repeating myself, but I think that where we can, we absolutely do need to be using consistent legislation with the rest of Britain. The existing definitions are clear: the UK Government and Scottish Government obviously believe the definitions are clear. So, I just don't believe we should be here, spending time rewording definitions just to make a point.

Amendment 36 would insert a definition of 'medical purposes' onto the face of the Bill for the purpose of the table of prohibited products and their exemptions. Amendment 38 would insert the definition of a 'relevant device' into Schedule 1 of the Bill for the purpose of table 1 or the table of prohibited products and their exemptions. Thank you.

Photo of Elin Jones Elin Jones Plaid Cymru 5:03, 6 December 2022

(Translated)

I don't have any other speakers on this, other than the Minister to respond.

Photo of Julie James Julie James Labour

Diolch, Llywydd. The intention of the Bill is to prohibit the supply and offer to supply for sale or for free the products listed in the Bill to consumers in Wales. Amendments 31, 32 and 33 tabled by Janet Finch-Saunders propose to amend Schedule 1 to the Bill to specifically exempt the use of single-use plastic cotton buds for forensic purposes, as relevant devices used for medical purposes or to be used by a health professional for medical purposes, or for cotton buds to be supplied for diagnostic, educational or research purposes.

As previously noted in Stage 2, our policy intention is to capture cotton buds used in a domestic setting and which are potentially disposed of incorrectly by being flushed down the toilet. We believe sticks with cotton ends used in medical, laboratory or forensic settings, which are disposed of correctly, would be considered swabs. Additional context has been provided to the definition. This ensures that cotton buds used in a medical setting are exempt from the provisions, in line with our policy intention. The supply of these products for research or forensic purposes would be from business-to-business supply and therefore would not be captured by the bans. On this basis, these exemptions are not required.

Amendments 36 and 38 are consequential to amendment 32, therefore these amendments are also not required. Amendment 35 amends the definition of 'health professional' in the Bill. This amendment is technically deficient because it relies on defined terms set out in the Interpretation Act 1978, which do not apply to the Bill. For the reasons I have set out, I therefore do not support amendments 31, 32, 33, 35, 36 and 38.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

I'll just move the amendments. Thank you.

Photo of Elin Jones Elin Jones Plaid Cymru 5:05, 6 December 2022

(Translated)

The question is that amendment 31 be agreed to. Does any Member object? [Objection.] Yes, there is objection. Therefore, we will proceed to a vote on amendment 31. Open the vote. Close the vote. In favour 26, no abstentions, 28 against. Therefore, amendment 31 is not agreed.

(Translated)

Amendment 31: For: 26, Against: 28, Abstain: 0

Amendment has been rejected

Division number 4042 Amendment 31

Aye: 26 MSs

No: 28 MSs

Aye: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 5:05, 6 December 2022

(Translated)

Amendment 32, is it being moved?

Photo of Elin Jones Elin Jones Plaid Cymru

Is it being moved, Janet Finch-Saunders?

(Translated)

Amendment 32 (Janet Finch-Saunders) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 32 be agreed to. [Objection.] No, there is objection. Therefore, we will have a vote on amendment 32. Open the vote. Close the vote. In favour 26, no abstentions, 28 against. Therefore, amendment 32 is not agreed.

(Translated)

Amendment 32: For: 26, Against: 28, Abstain: 0

Amendment has been rejected

Division number 4043 Amendment 32

Aye: 26 MSs

No: 28 MSs

Aye: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru

—is it being moved? Amendment 33, Janet.

(Translated)

Amendment 33 (Janet Finch-Saunders) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 33 be agreed to. [Objection.] There is objection to amendment 33. We'll have a vote on amendment 33. Open the vote. Close the vote. In favour 26, no abstentions, 28 against. Therefore, amendment 33 is not agreed.

(Translated)

Amendment 33: For: 26, Against: 28, Abstain: 0

Amendment has been rejected

Division number 4044 Amendment 33

Aye: 26 MSs

No: 28 MSs

Aye: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 5:06, 6 December 2022

(Translated)

We now move to amendment 9, which was debated as part of group 2. Rhys ab Owen, is amendment 9 moved?

(Translated)

Amendment 9 (Rhys ab Owen) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

Amendment 9 is moved. Is there any objection to amendment 9? [Objection.] Yes, there is objection. Therefore, we'll have a vote on amendment 9. Open the vote. Close the vote. In favour 13, no abstentions, 41 against. Therefore, amendment 9 is not agreed.

(Translated)

Amendment 9: For: 13, Against: 41, Abstain: 0

Amendment has been rejected

Division number 4045 Amendment 9

Aye: 13 MSs

No: 41 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name