Rt Hon Elfyn Llwyd, Counsel General Designate
Following the formation of a new Welsh Government, Members of the Senedd may find it helpful to be aware that, shortly prior to the pre-election period, the previous Welsh Government gave consent to three UK Statutory Instruments in areas devolved to Wales.
The former Cabinet Secretary for Climate Change and Rural Affairs gave consent to The Windsor Framework (Retail Movement Scheme: Plant Health) (Amendment) Regulations 2026, laid in the UK Parliament under made negative procedure on 28 April 2026; and to The Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026, laid under draft affirmative procedure on 24 February 2026. The former Cabinet Secretary for Education gave consent to The Erasmus+ Programme (Data Processing) Regulations 2026, laid under made negative procedure on 30 April 2026.
The Inter-institutional Relations Agreement (IIRA), which governed arrangements during the Sixth Senedd and ceased to have effect at dissolution, provided that the Welsh Government would write to relevant committees to inform them of an intention to consent to the UK Government exercising delegated legislative powers in a devolved area in relation to Wales, explaining the rationale for the intention to consent. This approach was followed by previous Welsh Ministers, with a pre-consent letter issued to the Legislation, Justice and Constitution Committee and other relevant committees.
In line with the pre-election and election period guidance on Welsh Government impartiality, it was not possible to lay Written Statements before the Senedd during this time.
While there is no formal agreement currently in place, I am in the interests of transparency notifying the Senedd that the UK Statutory Instruments listed above were laid in the UK Parliament during the pre-election period. This notification is provided for information only and does not seek to indicate the position the current Welsh Government may take on these matters.