Our report notes the Welsh Government’s view that the Bill makes relevant provision in relation to Wales as a result of the United Kingdom Internal Market Act 2020, or UKIMA, as I will now refer to it, and specifically that its requirements mean that the provisions in the Bill will allow the sale and marketing of PBOs—precision-bred organisms—in Wales, which is currently prohibited by Welsh legislation. The Welsh Government concludes that, by virtue of UKIMA, the provisions of the Bill are made for a purpose that is within the legislative competence of the Senedd. Now, we agree with the Welsh Government’s analysis that the effect of UKIMA will be that PBOs could be sold and marketed in Wales, despite existing Welsh law, if those PBOs are lawfully marketable in England. However, and this comes to the crux of it, Standing Order 29 applies where a Bill makes provision 'in relation to Wales'. Unless it modifies the legislative competence of the Senedd, which is not the case in relation to this Bill, it must also make provision for any purpose

'within the legislative competence of the Senedd'.

The substantive clauses of this Bill are limited in their application to England only. Its provisions do not, in our view, apply 'in relation to Wales' so as to engage Standing Order 29. In addition, the Senedd does not have the legislative competence to legislate as to the sale and marketing of PBOs in England so as to render the Bill as making provision

'within the legislative competence of the Senedd'.

In our view, the effect of UKIMA is engaged only by virtue of the Bill becoming an Act and coming into force, and is not a legislative competence issue for the purpose of Standing Order 29, and I'll come to a possible way forward subsequently. We recognise and accept that UKIMA has wider ramifications for Welsh policy. However, the effect of the mutual recognition principle provided for in UKIMA is a separate issue from that of competence and, as a consequence, separate from Standing Order 29. We also note, and this is an important point, that the Welsh Government could have used other Standing Orders as a means of debating the subject matter of the memorandum, which the Minister has explained is vital to debate here in the Senedd. So, we therefore disagree with the statement contained in paragraph 9 of the memorandum that the Genetic Technology (Precision Breeding) Bill

'is a relevant bill as it makes relevant provision in relation to Wales because of the United Kingdom Internal Market Act 2020', and I've explained why already. Accordingly, we concluded that the Senedd’s consent is not required for the Genetic Technology (Precision Breeding) Bill.

Before closing, I'd like to highlight that we are surprised—and we raised this with the Counsel General yesterday in an evidence session—that the Welsh Government’s analysis of the effect of UKIMA on existing Welsh law, in the context of the introduction in the UK Parliament of this England-only Bill, appears different to its analysis of the effect of UKIMA on its own Environmental Protection (Single-use Plastic Products) (Wales) Bill, when we were told that UKIMA in that aspect 'does not bite' on the Bill and therefore the subsequent Act. So, we therefore recommended that the Counsel General should write to the committee and explain why the Welsh Government is of the view that UKIMA will affect existing Welsh law as a consequence of the introduction of the Genetic Technology (Precision Breeding) Bill, but will not affect the Environmental Protection (Single-use Plastic Products) (Wales) Bill once it becomes law. I suspect, Counsel General, this will be something we'll be coming back to you on.

Our second recommendation—apologies, Dirprwy Lywydd, I'll pull this to a close very quickly—concerns an important issue, relating to UKIMA, that the Minister has touched on. It's vital to ensure that laws to be made in Wales, or Welsh law that's already on the statute book, are effective. It's also important to consider whether law made outside Wales impacts on the purpose and effect of Welsh law. So, we therefore do recommend—and I welcome the Minister's positive response on this—that the Business Committee should ensure that the Senedd’s Standing Orders are reviewed and amended at the earliest opportunity to ensure that they make appropriate provision to ensure the practical effect of UKIMA, which is now upon us and we'll see more of it, is taken into account when considering, for example, Bills under Standing Orders 26, 26A, 26B and 26C and when legislation passing through all legislatures in the UK has an effect on subordinate legislation. Our argument is there is a different way to have this debate and to note it, and that Standing Order 29 is not the appropriate way.