The Continuity Bill

2. Questions to the Counsel General – in the Senedd on 7 February 2018.

Alert me about debates like this

Photo of David Rees David Rees Labour

(Translated)

8. What discussions has the Counsel General had with law officers in devolved nations in the UK with regard to the continuity Bill being brought forward by the Welsh Government? OAQ51727

Photo of Jeremy Miles Jeremy Miles Labour 2:44, 7 February 2018

As the Member will be aware, the Welsh Government’s preference is for an EU withdrawal Bill that respects devolution. However, we are ready to introduce a continuity Bill should it prove impossible to amend satisfactorily the Bill currently before Parliament. We are working very closely with the Scottish Government, as he's aware, on these issues.

Photo of David Rees David Rees Labour

I thank the Counsel General for that answer. I'm conscious that it is the last resort for the Welsh Government, but we are at the doorway of the last-gasp saloon, effectively, where, time-wise, we need to do something very quickly. I appreciate the fact that you need to talk to the Scottish Government, because they also have a continuity Bill. I can understand the differences in the devolved settlement and therefore there are differences in the Bills. But in answer to Simon Thomas earlier, you actually talked about the fundamental charter of rights in the EU. I suppose it's important to ask the question: have you considered the inclusion of elements of the fundamental charter of rights, particularly those pertaining to Welsh areas of competency, to ensure that citizens here in the UK can actually benefit from those rights and they're maintained in Welsh law if nothing else?  

Photo of Jeremy Miles Jeremy Miles Labour 2:45, 7 February 2018

Well, as I've made clear in previous answers to questions on this subject matter, the Welsh Government's strong preference is for the UK's EU withdrawal Bill to be the basis on which the charter of fundamental rights remains part of our jurisprudence here in Wales. However, if the Welsh Government's forced into a position where we were bringing forward our own legislation, we'd want to make sure that we would do everything possible to ensure that the rights reflected in that charter are not eroded for Welsh citizens. As he is aware, a Bill has been submitted to the Presiding Officer for determination, so it's not appropriate for me to comment on the content of that Bill, but I hope that the reassurance I've given him will at least make it clear to him that that is a priority. 

Photo of Leanne Wood Leanne Wood Plaid Cymru 2:46, 7 February 2018

Counsel General, the discussions between the devolved countries and the UK Government are crucial as we look towards a continuity Bill to protect the constitution of the Welsh nation. The First Minister had a meeting with UK Government Ministers last week, which those Ministers described as helpful. There have been several meetings now where the outcome has either been described as constructive or helpful but without any amendments being agreed. During the meeting, can you tell us, did the UK Government provide any additional assurances to the Welsh Government regarding amendments to the EU withdrawal Bill? 

Photo of Jeremy Miles Jeremy Miles Labour

Well, I'm not going to comment on the individual matters under negotiation or discussion with the UK Government, for reasons which I hope the Member will understand. Obviously, the Welsh Government and the Scottish Government have worked together in relation to mainly clause 11, but on other clauses of the Bill, and now together in discussions with the UK Government. Obviously, the Welsh Government remains hopeful that agreement will be able to be reached on the terms of amendments that would be acceptable to the Welsh Government and would enable the EU withdrawal Bill to be appropriately amended and, therefore, consent to be recommended. But, obviously, as her question refers to, time is running out and so we need to see progress on that happening very quickly. Obviously, we are mindful of the parliamentary process in Westminster in terms of the discussions and thinking here in relation to the possible introduction of a continuity Bill, were that to be necessary.