3. What discussions has the Counsel General had regarding the impact that the great repeal Bill will have on Wales? OAQ(5)0044(CG)[W]

This question engages the law officers’ convention. Nevertheless, I can assure Members that the Welsh Government will work tirelessly to ensure that Wales’s position is protected. We will need to carefully consider the impact that the Bill will have on Welsh legislation and the competence of this Assembly.

I thank the Counsel General for his reply. Obviously, when I was tabling this question, I was half hoping we’d have seen the repeal Bill—we’ll get to see it tomorrow, my understanding is. And, if the rumours around the Bill are correct, then what we will see is a replacement of the European Union with some sort of concept of a United Kingdom kind of framework, and we will not, in fact, see the devolution of those powers that are held now at a European level but which relate to fully devolved responsibilities here in Wales. That includes fisheries, which we’ve just discussed, but it also includes agriculture and the environment.

Now, if it is the case that such a Bill doesn’t allow for that flow of devolution, surely two things should be considered by the Welsh Government. One is a continuity Bill, which has been Plaid Cymru’s suggestion for several months now, and, secondly, is the use of a mechanism such as the Joint Ministerial Committee to ensure that no further movement is done on the repeal Bill without the agreement of this Assembly, and, indeed, the other devolved legislatures in the United Kingdom. So, he won’t give me the legal advice—I understand that—but can he confirm that he has given legal advice, ‘yes’ or ‘no’, to the Welsh Government on a continuity Bill? And what is the Welsh Government’s view now on the operation of the JMC to ensure that there is a strong Welsh voice in decisions around the repeal Bill?

Well, it’s not appropriate for me to comment on whether I have or have not given legal advice on any specific issue. But the Member makes a very important point about the fundamental principles of what that Bill will be. The Member will have heard, as has previously been commented on, that a number of commitments have been given in the House of Commons that it will require the consent of the devolved Governments. That was made by David Davis himself, and I think was also made yesterday in response to the question from Jonathan Edwards. That is, as we would expect, that any matter that impacts on the powers and responsibilities of this place will require legislative consent, and that is a matter that Welsh Government is determined to hold the Government committed to.

The First Minister, and others, have previously outlined what are the fundamental principles in respect of what we expect to see in any repeal Bill, and that is that the UK Government must recognise that any powers in the devolved field, currently held at EU level, must be exercised at a devolved level, unless there is a clear and agreed reason for them to be held by the UK Government. And, in that event, then there must be a mechanism for co-decision making in these areas, and that is the point that you’ve obviously raised there, with how those matters are actually determined. These are fundamental principles as far as Welsh Government and this Assembly is concerned, and those are ones that we would expect to be honoured and respected in whatever legislation is proposed tomorrow.