Part of the debate – in the Senedd at 4:39 pm on 24 January 2017.
I’m not going to dwell on the wider issues that have been discussed ad nauseam here today. Some of the differences have been quite wide. I want to focus on an area where there may just be scope for some more agreement. In saying that, as I open these remarks, can I welcome, in this respect, the considered tone of R.T. Davies in this regard? In referring to chapter 7—it’s the area of constitutional reform post Brexit—it’s one that clearly has piqued the interest of the committee that I chair. In fact, First Minister, I’ve got no doubt that an invitation will be winging its way to your office to come and speak to us, both about the proposals and the practicality of taking them forward, and perhaps, as well, the possibility of gaining some wider consensus on what are some quite bold proposals within there—not all of them are new; we’ve seen some of them reiterated by the Welsh Government and by other parties here before—but to bring them together in this document, and to suggest, actually, that there may now be not only a necessity of taking some of these proposals forward, but also the opportunity in taking them forward to heal some of the divisions that have—as we have just heard, and are still remaining out there in the country at large—arisen because of the EU referendum. Now, that’s an interesting area that I think we might be able to develop some consolidated thinking, some collective thinking, and maybe some agreement on.
You refer in chapter 7 to those deep divisions and that one way of taking this forward might well be to revisit the issue of a constitutional convention that would look at the relationship amongst the constituent parts of the United Kingdom, and the relation of the devolved administrations to the UK Government and the UK Parliament. You say quite clearly that, in your belief and the belief of this White Paper, the UK should be remodelled around new, more federal structures.
You put forward the idea that you want to play an active part in taking forward the right structures to exist in this post-Brexit framework, and you recognise that there will be a need for a UK-wide framework, but in so doing you set out clear principles. I’d like to ask you perhaps for some more detail in respect of that. Your principles are the free consent of the three devolved legislatures and administrations to participate on equal terms with the UK Government. You see the UK Government representing the interests, in this respect, of England. And you see a model that retains at least the current levels of flexibility for those devolved nations and regions. Finally, the third point is that there needs to be robust and genuinely independent arbitration mechanisms to resolve any disputes.
Now, those are clear principles. I think it is worth all Assembly Members considering whether we can explore those and whether there is a degree of consensus around support that goes beyond the White Paper itself, because I think that would help take forward the right framework.
A couple of other points. In respect of international trade negotiations and competition policy, you note that
‘managing these policy areas will require much more serious and intensive inter-governmental mechanisms and…structures than those currently in place’ and that you look to proactively seek to develop those with a new political and constitutional landscape.
You refer to the Joint Ministerial Committee and the need for a complete overhaul in the view of this White Paper, and you propose there that it should be rebuilt into a UK council of Ministers, covering aspects of policy for which agreement of all four administrations is required—again, on that equality; on that parity between those.
Finally, the other point that is of great interest, of course, is your proposals here on the great repeal Bill and what that could do in terms of areas of devolved competence and why this—looking at the structure post Brexit, and in the transition period—is so important. So, there is plenty of constitutional meat in this White Paper. We would welcome, as a committee, the opportunity to quiz you more on this in addition to what you’ve been able to say today, and to appear before us at the earliest possible opportunity, and to see whether these measures that you propose are practical, are workable, are achievable, and could indeed have a wider consensus within this Chamber as well; because, surely, that is in the best interests of Wales.