Part of the debate – in the Senedd at 2:40 pm on 4 April 2017.
Diolch, Llywydd. Well, following the issue of the article 50 letter last week, the UK Government has published a White Paper legislating for the United Kingdom’s withdrawal from the European Union. We were given a copy 24 hours before publication, but no opportunity to respond in draft form. I have commented before, of course, on our frustrations about the process for dialogue within the UK. I regret that the UK Government has chosen thus far to operate like this. It doesn’t have to be this way, but, of course, the Welsh Government will stick up for Welsh interests. We want what’s good for Wales and, indeed, the UK as a whole. It’s correct to say, Llywydd, that parts of the White Paper are ambiguous and need to be unpacked. The central purpose is sensible, but I have very significant reservations on the devolved aspects, which I will come to.
Llywydd, we’ve long argued for a managed transition from EU membership to our new position outside. The great repeal Bill will convert EU law into domestic law across the UK at the point of EU exit two years from now, and that’ll provide continuity and certainty for businesses and employees, as we adapt to new circumstances. We will retain, at least for an interim period, convergence with EU regulation, and this means that exporters to European markets, for example, can carry on exporting in compliance with the necessary standards. Over time, of course, things may begin to change, though ensuring broad alignment of environmental and employment standards is likely to be essential if we are to retain full and unfettered access to the single market. But a transition phase is surely a sensible and pragmatic starting point.
Llywydd, the precise implications of the White Paper will not be fully apparent until we see draft legislation. So, at this stage, we urge the UK Government to share their draft legislative proposals with us at the earliest possible time. The UK itself will have to contend with between 800 and 1,000 pieces of secondary legislation, and we know that there will be primary legislation on both customs and immigration, with a raft of other Bills to follow. It’s more likely than not that this Assembly will have to manage a significant volume of legislation in the years ahead, with considerable implications for scrutiny time.
Llywydd, I want to turn now to the specifics of devolution, as described in section 4 of the White Paper. The White Paper says,
‘The devolved settlements were…premised on EU membership.’
We do not accept that, certainly not as a basis for current and future policy. I do not believe that, in 1997 and 2011, people had EU membership uppermost in their minds when they were considering what response to give to those two referendums. It’s also a misrepresentation of the facts, I believe, to pretend that the UK Government alone has exercised the UK role in formulating EU frameworks on devolved matters. I know that’s not the case, because I was part of the framework that was agreed in Luxemburg when I was rural affairs Minister. On the contrary, the UK Government was, and is, bound to work with the devolved administrations in formulating a joint UK position on devolved issues within the EU decision-making process, such as the common agricultural policy. That is the position while we’re in the EU. We can accept nothing less outside the EU.