Cyfarfod y Gweithgor Opsiynau Deddfwriaethol ar Hawliau Dynol: 7 Chwefror 2023

• Wales Council for Voluntary Action (WCVA) / Human Rights Consortium (CW)
• Disability Wales
• Swansea University
• Women’s Equality Network (WEN) Wales
• Bangor University
• Independent member

Welsh Government officials

• Equality and Human Rights Division
• Equality and Human Rights Division

Apologies

• Independent member
• Tai Pawb

Members were welcomed to the meeting and apologies were given.

It was outlined the purpose of the meeting was to:

• discuss lessons from the ‘Scotland Day’ and determine the next steps
• draw up an updated proposed timeline with key milestones
• agree the reporting back points to the HRAG meeting (and consideration of whether there are asks from HRAG members to support the work of the LOWG moving forward) 

The Chair outlined the key points from the Scotland Day. Key learning was in relation to economic and social rights underpinning Scotland’s work which led to the recommendations around bespoke rights.

• Members discussed whether to progress the suggestion to host a round table ‘legal day’/ evidence session.
• Members were informed the legal position had not changed and that members should concentrate and push on with delivering policy options to enable the policy team to share these with WG legal services. It was acknowledged that LS only advise Welsh Government. The importance of progressing the work without further delay was highlighted
• It was suggested a one-off session with legal academics (teaching Human Rights) and representatives from the judiciary in a ‘round table meeting’ testing ideas and initial recommendations from the group would be helpful and encourage civil society backing of the content of a future Bill.
• It was agreed members would identify key areas for consideration scope out important aspects from their own specialised areas. 
• It was suggested The Disability Rights Taskforce may be able to help with this work but the timeframe in relation to publication of plans was not until March 2024.
• Members discussed feeding back on core treaties and then breaking these down once legal services had given feedback. Further discussion focused on taking a more expansive approach and the presumption that Welsh Government lawyers take a cautious approach.
• Policy options to take forward were asked for as soon as possible so progress could be made.
• Members agreed to put something together from their own areas of expertise by March 31 2023 so policy officials in Welsh Government had something tangible to take forward.
• In relation to non-Government organisations, it was recognised there may be other stakeholders keen to input, particularly around environmental rights.
• Preference for the use of ‘Sunrise’ clauses was discussed, which may be helpful in relation to compliance where duty starts as ‘Due Regard’ which is ‘Taking Account of’ and then moves to ‘Full Compliance’.
• It was recognised Scotland are in a different legal position and the UK Bill of Rights Bill still poses a substantive threat in relation to any wish list for policy officials to take forward, but this list should be expansive and include civil and political rights.

Action 1: it was agreed all members would put something in draft, in relation to their own areas of expertise for the next LOWG meeting 14 March 2023.

Action 2: a bullet point list of Treaties to be shared with members and members to feedback on omissions.

Action 3: stakeholders to be contacted in relation to input on environmental rights.

Action 4: members to inform chair in relation to any matters that may be opened to HRAG members to be involved with to help take forward.

Action 5: feedback to be provided on Scotland day and today’s discussions at the HRAG meeting on 9 February 2023.

Action 6: Draft policy options to be pulled together by 31 March 2023.