Part of the debate – in the Senedd at 3:14 pm on 18 July 2017.
I welcome this much-needed debate in light of the publication of the EU withdrawal Bill, formerly known as the repeal Bill, formerly known as the great repeal Bill. From the outset, of course, Plaid Cymru has no issue with the principle of an Act that transfers into the jurisdictions of the UK all EU laws and regulations, so that on separation day we do not fall over a cliff edge. Plaid Cymru’s preference for that process, though, was for an immediate negotiation to commence after the referendum between the Governments of these islands to agree on a legislative framework so that EU laws could be transferred domestically in a way that upholds and respects the constitutional arrangements of our nations. This could have been concluded before article 50 was triggered, of course.
There are several clauses in the EU withdrawal Bill that cause great concern, but of special concern are, obviously, clause 11, relating to devolution, and clauses 7(1) and 7(2). Clause 11 should come as no surprise to anyone, sadly. It amends our constitution to ensure that our Parliament has no competence over EU regulations that would otherwise automatically fall within our competence upon separation day. Notice was given to us of this intention in the UK Government’s White Paper. In that White Paper, they intentionally misrepresented current arrangements for the agreement of EU frameworks as a means of laying the groundwork for the power grab that they now intend to formulate in law.
Llywydd, I remember much celebration in this Chamber at the time of the last Wales Bill becoming an Act due to the enshrining of the Sewel convention in our constitution. The European Union (Withdrawal) Bill has removed any doubt, if any exited, that it is simply not worth the paper it is written on. Westminster is supreme, and two devolution referenda in Wales can be trumped by just one single clause in one Westminster Bill.
But, as unacceptable as clause 11 is, we should not lose sight of clauses 7(1) and 7(2), and I would urge the First Minister not to be distracted by just clause 11 as the standalone. Even if clause 11 is removed, the powers delegated to UK Ministers in 7(1) and 7(2) are so far reaching and broad that UK Ministers can issue regulations and, indeed, amend or repeal any law, as they deem fit, passed by any Parliament in the United Kingdom in order to mitigate any failure or deficiency, as they see it, in retained European Union law.
That allows for the imposition of new bodies, new policies and new regulations on matters that are the responsibility today of the Welsh Government and the National Assembly. These powers, as well, I expect will be used to amend elements of the 759 international treaties that the UK will no longer be a direct party of from separation day onwards. Of those 759 treaties, 34 relate to food and agriculture, 69 to fisheries, 65 to transport, 202 to regulatory co-operation and 295 to trade—all of these either wholly or partially within the current Welsh constitution.
I welcome the fact that today’s motion commits us to the publication of a continuity Bill for Wales, and I don’t underestimate for one minute the significance of that endeavour. I’m disappointed that a framework Bill for a continuity Bill was not published last year—who knows, it might have raised the political stakes to a level where the UK Government might have thought twice about publishing the nonsense Bill that they published last week.
The Welsh Government has previously, of course, published an alternative Wales Bill with a clear political objective, and a continuity Bill could do something similar, as well as address the practical benefit of providing clarity and continuity for Welsh citizens, key sectors of our economy and communities after separation day. Not to do so—not to proceed with a continuity Bill—in my opinion would be a dereliction of our duty to uphold the expressed wishes of the people of Wales in terms of how they decide they want to be governed. We waited 600 years for home rule. We cannot allow it to be eroded within the next six months by a mob in Westminster with no mandate to do so.