Clause 44 - Powers to amend or revoke retained direct EU legislation

Animal Welfare (Kept Animals) Bill – in a Public Bill Committee am 3:14 pm ar 16 Tachwedd 2021.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Victoria Prentis Victoria Prentis The Minister of State, Department for Environment, Food and Rural Affairs 3:14, 16 Tachwedd 2021

I beg to move amendment 47, in clause 44, page 27, line 15, at end insert—

“(b) any instrument containing provision made under section 2(2) of the European Communities Act 1972.””

This amendment enables regulations under section 12(1) of the Animal Welfare Act 2006 to amend or revoke instruments made under section 2(2) of the European Communities Act 1972 (implementation of EU obligations etc).

Photo of Geraint Davies Geraint Davies Llafur, Gorllewin Abertawe

With this it will be convenient to discuss Government amendments 48 to 50.

Photo of Victoria Prentis Victoria Prentis The Minister of State, Department for Environment, Food and Rural Affairs 3:30, 16 Tachwedd 2021

The amendments make changes to powers under the Animal Welfare Act 2006 and to powers to make regulations under the Animal Health and Welfare (Scotland) Act 2006. As we have heard, both Acts provide powers to promote animal welfare and introduce licensing and registration schemes for the keeping of animals. The amendments allow us to amend or revoke retained direct EU legislation or secondary legislation made under section 2(2) of the European Communities Act 1972.

Previously, the UK shared competence with the EU to make legislation relating to animal welfare. The EU made a number of regulations on welfare matters that now form part of our statute book. The amendments will ensure that we can amend or revoke those regulations when we introduce our reforms. The enforcement of EU law was implemented through the power in section 2(2) of the European Communities Act 1972. The Act was repealed following our departure from the EU, so it cannot now be used to amend or revoke regulations under that power. I should remind the Committee that animal welfare is a devolved matter, and the amendments will enable Scottish and Welsh Ministers to do likewise when exercising their own powers under the 2006 Acts.

Amendment 47 agreed to.

Amendments made: 48, in clause 44, page 27, line 15, at end insert—

“(1A) In Schedule 1 to that Act (regulations under section 13), in paragraph 19 after sub-paragraph (1) insert—

(1A) In the case of consequential provision, the power under sub-paragraph (1) includes power to amend or revoke—

(a) any retained direct EU legislation;

(b) any instrument containing provision made under section 2(2) of the European Communities Act 1972.””

This amendment enables regulations under section 13 of the Animal Welfare Act 2006 to make consequential amendments or revocations of retained direct EU legislation and instruments made under section 2(2) of the European Communities Act 1972.

Amendment 49, in clause 44, page 27, line 19, at end insert—

“(b) any instrument containing provision made under section 2(2) of the European Communities Act 1972.””

This amendment enables regulations under section 26 of the Animal Health and Welfare (Scotland) Act 2006 to amend or revoke instruments made under section 2(2) of the European Communities Act 1972.

Amendment 50, in clause 44, page 27, line 19, at end insert—

“(3) In section 51 of that Act (regulations under Part 2) after subsection (2) insert—

(2A) The consequential provision that may be made (by virtue of subsection (2)(a)) by regulations under section 27 includes provision amending or revoking—

(a) any retained direct EU legislation;

(b) any instrument containing provision made under section 2(2) of the European Communities Act 1972.””—

This amendment enables regulations under section 27 of the Animal Health and Welfare (Scotland) Act 2006 to make consequential amendments or revocations of retained direct EU legislation and instruments made under section 2(2) of the European Communities Act 1972.

Question proposed, That the clause, as amended, stand part of the Bill.

Photo of Victoria Prentis Victoria Prentis The Minister of State, Department for Environment, Food and Rural Affairs

Clause 44 provides us with an important power. Section 12 of the Animal Welfare Act 2006 and section 26 of the Animal Health and Welfare (Scotland) Act 2006 enable the UK, Welsh and Scottish Governments to make regulations that promote the welfare of animals. The clause amends those sections, giving us the ability to amend or revoke any retained direct EU legislation and to replace it with new regulations that promote animal welfare. I recommend that the clause stand part of the Bill.

Question put and agreed to.

Clause 44, as amended, accordingly ordered to stand part of the Bill.