5. 4. Statement: The EU (Withdrawal) Bill

Part of the debate – in the Senedd at 4:26 pm on 19 September 2017.

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Photo of Carwyn Jones Carwyn Jones Labour 4:26, 19 September 2017

It is. I mean, from the UK Government perspective, this is seen as a minor issue. From our perspective it’s a very major issue. As I say, there’s no—. An agreement on their part doesn’t cost them anything at all; there’s no penalty. But there’s an enormous penalty as far as Wales is concerned.

Part of the difficulty here lies in the fact that there’s a difficulty on the part of the UK Government at the moment in understanding how important this issue is to us and Scotland. I don’t think they get it, but, certainly, we get it, and the people of Wales get it. That is the fundamental principle that powers should come to rest in those places that are appropriate when it comes to devolved areas: in the devolved institutions. From our perspective, it cannot be right that UK Ministers can interfere with or change Welsh law passed by this Assembly, potentially, without reference to this Assembly, nor, indeed, to the UK Parliament. I well remember some of the arguments that were being rehearsed during the referendum to bring powers back to—they said ‘parliament’ as if it was one: ‘to Parliament’. Then, of course, the first thing that happens as part of the repeal Bill is that Parliament doesn’t get those powers; it just sits in the hands of the Government. There are issues for us as a Welsh Government, because as powers return to us, it’s hugely important that those powers return, as far as they possibly can do, to this institution, and not to Government, as the elected institution. The Government’s powers necessarily need to be as limited as they can be, given the fact that the institution here, of course, is elected. But the opposite approach has been taken by the UK Government, where it went to court to fight on this point. But the powers should rest with the executive and not with the legislature. That, surely, must be wrong in principle as well.

One of the themes that has arisen today from so many speakers is that there were many better ways of doing this than the way that has been produced currently by the UK Government. It’s fair to say, I think, that there are many on the Conservative benches who recognise that. I can understand that there’s a time and a place for saying things; I understand that. This is an issue that can be resolved, but we need the UK Government to get engaged, and that does mean the Prime Minister, it does mean those people who are taking these decisions. The Welsh Office is not the decision taker in this regard; the Welsh Office, effectively, is—I’m saying it myself; it was the Welsh Office 20 years ago—The Wales Office itself is a kind of advocate in that sense. If this was in the hands of the Wales Office, then perhaps we could have better engagement, but it isn’t. This is a fundamental junction in the journey of devolution. Either we move to a situation where powers are kept by the UK Government in areas that we currently control, or we move to a situation where powers come to rest where they should and we have a better structure, not just for Wales, but the whole of the UK, that represents the partnership of nations that exists within the UK.