Part of 3. 2. Questions to the Counsel General – in the Senedd at 2:34 pm on 30 November 2016.
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.