Part of the debate – in the Senedd at 3:35 pm on 17 January 2018.
Thank you, Llywydd, and thank you to Steffan Lewis for an excellent speech that summarised the situation we're facing at the moment and how late in the day it is in terms of these principles.
I want to focus on the environment and agriculture in this context. It's important to bear in mind that some of the most fundamental principles in terms of our environment have emerged from European legislation—the precautionary principle has emerged from European legislation, and also the principle that the polluter pays. Now, both of these principles are a foundation for the laws that we pass in this place in relation to the environment, and, as we exit the European Union, I'm of the view that people in Wales do want to keep hold of these principles, and the most convenient way of ensuring that is by supporting a continuity Bill.
The third thing that emerges from the environmental sphere in this area is that Welsh citizens at the moment have a right to go to the European Court of Justice in order to access environmental justice, and there have been no guarantees given or safeguarded in the European Union (Withdrawal) Bill to ensure that it would be possible to seek environmental justice as we leave the European Union. I think that that principle has been crucially important. Just today I asked a question of the Minister, Hannah Blythyn, about the fact that there was a court case against the Welsh Government in terms of air pollution. Now, we should be safeguarding the rights of citizens to challenge any Government—the Government here, the Government in Westminster—on the basis of their failings in the environment. That is secured within the current system, but we need a continuity Bill to secure that access too.
The second principle in agriculture is this: if we see that the hands of Westminster are going into our pockets for the funding that is currently safeguarded under CAP, and is twice as much as we would get under any Barnett formula arrangement—once Westminster gets its hands on that money, less and less will be transferred as part of the budget. Mick Antoniw referred to this. The current system doesn't safeguard the budget for this place, and, specifically, it doesn't secure the flow of funding that has emerged from the common agricultural policy and has provided such sustenance to so many farmers and rural communities in Wales. On that basis alone, we should argue for a continuity Bill.
I encourage the Government, as I did last week—. As I said, don't trust the Tories, and you said that you don't trust the Tories. Well, don't, then, believe that the House of Lords is a means of delivering the amendments that we need to see. Publish the Bill now, in draft form, so that we can see the way forward clearly, and publish the Bill in draft form in order to bring persuasion to bear on the Westminster Government.