Part of the debate – in the Senedd at 3:16 pm on 4 April 2017.
If anyone ever wonders why I’m a Welsh nationalist, they should listen to the comments of the previous speaker. Llywydd, it was correctly foreseen by many that the UK repeal Bill or related legislation might pose a threat to the current constitution of Wales in terms of our competence as democratically mandated by the people of Wales in two referenda. The concern is based on the fact that, if the UK withdraws from the European single market, as intended by the UK Government, then, for the first time since 1973, there will be a UK internal market and it will require frameworks in order to operate effectively. Of course, in 1973, there was no devolution and a new UK internal market will inevitably have frameworks that impact upon devolved policy issues.
The Welsh national White Paper makes constructive and practical proposals for how such frameworks can be established through a UK council of Ministers, with each Government of the UK acting as equal partners and agreeing between them shared frameworks where appropriate. At present, where European frameworks impact upon devolved functions, a common UK position is agreed among the Governments of the UK before a European council meeting, and that common, pre-agreed position is presented.
Paragraph 4.2 of the UK Government’s White Paper on the repeal Bill, published last week, misrepresents that current practice and it does so as a pretext for centralising powers over the UK internal market at the UK level. We know that much because the Secretary of State for Wales last weekend said that the governance of the UK’s internal market is reserved to Westminster, and, upon leaving the EU, UK frameworks would be determined at Westminster and divvied up afterwards to different levels, as they in Westminster see fit. The devolved administrations will be little more than consultees on matters that are clearly under their jurisdiction already.
In pre-empting this, the Welsh national White Paper, on page 28, says, and I quote:
‘We await sight of the detail UK Government’s Bill to inform further thinking about whether the Parliamentary Bill adequately reflects the devolution settlement. If, after analysis, it is necessary to legislate ourselves in the National Assembly for Wales in order to protect our devolved settlement in relation to the Bill, then we will do so.’
Llywydd, it is my view and that of my party that the devolution settlement has not been adequately reflected in the UK Government White Paper. Indeed, that is recognised by the Welsh Government in point three of their motion today, and it is now necessary for this National Assembly to legislate. I do not underestimate the work that will be required to achieve this, but, given that it is the intention of the UK Government to bring forward their repeal Bill by mid-September, the window of opportunity we have to act is very limited. Within a few months, we may have lost not just the opportunity to act; we may have lost responsibilities that have been entrusted to us by the people of this country.
I urge all Members here on all sides who believe in a genuine family of nations in these islands, and who want fair governance of the UK’s internal market, to uphold the provision of the Welsh White Paper by supporting our amendment today calling for a continuation Bill. Whether we were ‘leave’ or ‘remain’ last year, and whether we are nationalists or unionists today, we all promised the people of Wales that we would not allow this country to be worse off either financially or in terms of powers. Let us deliver on that commitment to them today by backing Plaid Cymru’s amendment.