Part of the debate – in the Senedd at 6:28 pm on 6 March 2018.
Well, I think the reason is because we had the belief—and I believe it was right to have the belief—that the UK Government would listen to the legal advice that was coming forward and would do the right thing. Now, I believe there probably are those in the UK Government who want to do the right thing but have been incapable of actually delivering the sorts of changes that are actually necessary to resolve this, and proposals have been made.
Now, I hope that there is an arrangement, but I see three scenarios that take place. The first one—and I hope no-one's going to intervene, so I have to go back and say, 'No, there were four scenarios'—but I see three key scenarios. The first one is that there is no agreement on clause 11. Therefore, we will not be able to give legislative consent. Therefore, we must take steps to protect the Welsh interests and the devolution settlements. The second scenario is that there is agreement, that we are able to reach agreement, and, no doubt, this proposed Bill will contribute significantly to achieving that, if it is achieved. And if that agreement on clause 11 is achieved, then the continuity Bill need not proceed, because the correct devolution arrangements and powers will have been established.
The alternative—and I think it's unlikely, but it is a disastrous alternative, but nothing is beyond the competence of the current Government that we have in Westminster—is that the withdrawal Bill fails for some reason, and that would leave us with no arrangements whatsoever the moment we leave the EU in terms of all those areas of our responsibility. In my view, it would be wholly irresponsible not to actually bring forward this legislation, and there are good reasons why it wasn't brought forward, not just that I think we've held the high ground—we've worked in the best interest to achieve agreement and are still doing so—but it is also the case that it enables this Bill now to actually exert the influence and show the determination that we have, that Scotland have, that the devolution arrangements, the constitutional arrangements we have, have got to be upheld. We've been promised they will be upheld, but, unfortunately, the withdrawal Bill in its current form is a form of constitutional mugging, where the sole promise that is given is to say, 'We've mugged you of your powers and responsibilities, but don't worry, as we run off, we'll give them back to you at a later stage.' That is not good enough. It is not respectful to the Parliament that established the devolution settlements, and it's not respectful to the devolution Governments.
There are difficulties, there are problems with it, but the continuity Bill has to be started. I believe if we do not take this step today in passing it, it will not happen. That will weaken significantly our negotiation position, and I remain in full agreement with the position that the Cabinet Secretary has taken that we still hope we will achieve agreement. But let's be absolutely clear, if that agreement cannot be reached, if we cannot reach a stage where there should be an LCM, then we have to protect Welsh interests, and that's what this Bill does.