Part of the debate – in the Senedd at 2:37 pm on 18 July 2017.
Diolch, Llywydd. Well, the publication last week of the UK Government’s European Union (Withdrawal) Bill represents a hugely significant moment in the development of the debate about the way in which the UK will leave the EU. There’s no doubt that we need legislation, to ensure the continued effect of EU-derived law after we leave the EU, but whether this Bill is what is needed is much open to question.
While the UK Government may have changed the title of the legislation, previously known as the great repeal Bill, this is a rare and, it would appear, isolated example of Government humility in its approach to Brexit. Once you get beyond the front page, there is little if any evidence of the Prime Minister’s supposed willingness, after the general election, to consult widely, and to listen to other views on the vital questions that face the UK. But there are many issues, of course, that I could raise here, for example: whether it is right, when the purpose of the legislation is purportedly to maintain the rights we possess by virtue of our membership of the EU, to scrap the charter of fundamental rights; whether clause 6, which would end any powers of the European Court of Justice on the day we leave, is a piece of political grandstanding, which has no place in what is portrayed as a technical piece of legislation—and there will be other things as well.
But I hope Members will excuse me today if I concentrate on the huge challenge that the Bill represents to the devolved settlement as it’s developed over the course of the last two decades. This is rooted, let’s remind ourselves, in popular consent. The 2011 referendum, for example, saw a large majority vote in favour of giving this National Assembly primary legislative powers. Despite the very clear and repeated warnings from myself, and the whole of the Welsh Government, that we would not accept any attempt to use EU withdrawal as a cover for a recentralisation of power, that is exactly what this Bill, as drafted, aims to achieve. It’s an attempt to take back control over devolved policies such as the environment, agriculture and fisheries—not just from Brussels, but from Cardiff, Edinburgh and Belfast.
Now, this matters—it matters because devolution is about having the opportunity here in Wales to determine for ourselves policies that are appropriate to Wales, and which clearly have the consent of voters here in Wales. We cannot turn back the clock to the age when a Government with a thin majority in Westminster, and no mandate at all from Wales and Scotland, could impose policies like the poll tax in the teeth of the opposition of the vast majority of elected representatives from Wales and Scotland.
The Bill seeks to put in place, with no limitations, qualifications or so-called sunset clauses, new constraints on this National Assembly’s ability to legislative effectively after Brexit on matters where we currently operate within legislative frameworks developed by the EU. If this Bill is passed in its current form, we will be prevented from legislating in any way that is incompatible with retained EU law. Existing EU law will be frozen, with only the UK Parliament being allowed to unfreeze it. In practice, this will provide a window for the UK Government to seek parliamentary approval to impose new UK-wide frameworks in devolved areas such as agriculture, the environment and fisheries.
Now, Llywydd, this is totally unacceptable and it strikes at the very heart of devolution. It’s the thin end of a very big wedge. If we accept this, how long would it be before the UK Government would start to argue for UK-wide frameworks for health and education on the basis of its unique role in representing the whole UK and the importance of devolution not getting in the way of a global Britain? After all, if the price that the United States demands for a quick trade deal is to give private companies enhanced rights to deliver NHS care, why should the National Assembly and the Welsh Government be allowed to stand in the way? That would be their argument.