3. What assessment has the Counsel General made of the likely impact of the UK Government’s Great Repeal Bill on Welsh legislation? OAQ(5)0012(CG)

The Member will know that this question, again, engages the established law officers’ convention. Nevertheless, I can assure the Member that the Welsh Government will work tirelessly to ensure that Wales’s position is protected, and that will, of course, involve very careful consideration of the likely impact of the UK Government’s Great Repeal Bill on Welsh legislation, and whether legislation by this Assembly would be appropriate.

Thank you for that response. What steps is the Welsh Government taking to ensure that EU legislation that relates to devolved areas is actually transferred here to Wales?

Well, the Member will probably be aware that there’s extensive work under way, across the Welsh Government, to ensure that we maximise our influence in the discussions with the UK and, in turn, in formal EU negotiations, and thereby to secure the best possible outcome for Wales. The Cabinet sub-committee on European transition is providing strategic direction to the Welsh Government’s work relating to the UK’s exit from the EU, and, of course, a European advisory group has been established, comprising business people, politicians and others with European expertise, and this will advise on the wide-ranging impact on Wales of the UK’s exit from the EU and how we can overcome challenges and take opportunities to secure a prosperous future and a continued positive relationship for Wales with Europe.

I think I would also refer the Member to paragraph 10 of the legal submissions, which are online and which have been filed with the Supreme Court, because that, I believe, actually sets out our position—the Welsh Government’s position—in respect of some of those issues. Paragraph 10 of that submission says that a large number of the devolved functions of the Welsh Government derive from EU law, and will therefore be lost upon the UK’s withdrawal from the EU treaties. We then list a number of examples: for example, the designation of special areas of conservation, designations for the natural resources body for Wales emissions trading scheme. Welsh Ministers have also been designated as a competent authority under the nutrition and health claims, and there’s a whole raft of these competencies that Welsh Government and Welsh Ministers actually have, and those will actually disappear.

These functions will, to the extent that they are maintained or modified, require a new legislative base after the EU treaties cease to apply. The difficulty we have with the great repeal Bill at the moment is that we have actually no indication as to precisely how it would operate, what it might contain, but I think what is very clear in terms of our position is that the UK Government must recognise that any powers in the devolved fields currently held at EU level must be exercised at a devolved level, unless there was a clear and agreed reason for them to be held by the UK Government. And, in that event, there must be a mechanism for co-decision making in these areas.

Well, it will come as no surprise to the Counsel General that, as a member of the UK Independence Party, I obviously welcome the fact that the Prime Minister is working on a new Act of Parliament to repeal the iniquitous 1972 European Communities Act. However, to set UKIP’s position with regard to this, whilst we support the Act, we’re also adamant that it in no way rolls back the competencies of this Government, and that we in Wales must be free to change or amend any part of the Act that affects those areas devolved to this Assembly. Does the Counsel General agree with me that it is vital that we not only retain those competencies given to us, but we shall also be able to amend the devolved areas covered in the Act to best serve the Welsh people?

It is certainly the Welsh Government’s case that there should be no rolling back of those devolved areas, and those powers currently residing in Europe that relate to those devolved areas should be dealt with as I have outlined. So, I welcome the comments that the Member has made. I would urge him to go one step forward and actually support the concept of the rule of law in respect of the matters that are before the Supreme Court as well.