9. & 10. Motion under Standing Order 26.95 that a Bill to be known as the Law Derived from the European Union (Wales) Bill be treated as a Government Emergency Bill and Motion under Standing Order 26.98(ii) to agree a timetable for the Bill to be known as the Law Derived from the European Union (Wales) Bill

Part of the debate – in the Senedd at 6:08 pm on 6 March 2018.

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Photo of David Melding David Melding Conservative 6:08, 6 March 2018

I start by saying where we do agree with the Welsh Government on this side of the Assembly, and that's as has been outlined in a statement, and I quote,

'It remains the Welsh Government’s view that the best approach to this issue remains an amended EU Withdrawal Bill which can be given legislative consent by the National Assembly.'

And I do agree that this should be approached on a UK basis with the full and proper consent of the National Assembly for Wales and, indeed, the Scottish Parliament. I also agree with the Welsh Government when they say, and I quote,

'The costs of legal uncertainty and a lack of continuity would likely be considerable.'

I think, in all this, we do have to, as best we can in a complicated area, seek the clearest line possible. May I also note, Presiding Officer, your determination on competence and that that was not straightforward, as it was recognised that there are significant arguments both for and against legislative competence existing for this Bill? A typically wise and balanced judgment, if I may say so.

Where we take a different approach from the Welsh Government is that the proper check and balance here—and it is a great test of the devolution settlement, I agree with that—is in the LCM procedure. We do not believe that an EU withdrawal Bill can successfully proceed without the consent of the National Assembly and the Scottish Parliament. It is an appropriate device, the LCM, and it is one that gives us the constitutional protection that the Minister is seeking, in my view. I give way.