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 6:40 pm on 6 March 2018.

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Photo of Mark Drakeford Mark Drakeford Labour 6:40, 6 March 2018

It just is not sufficient, Llywydd. It just doesn't measure up to the seriousness of the position. Mick Antoniw got it exactly right, that if there is no agreement, if this legislature could not provide its legislative consent, then we have to act to put in place a set of arrangements that would operate for Welsh businesses and Welsh public services in the event that the UK Government did what they should do, and respect the decision of this National Assembly. That's why this Bill is a necessity, and that's why, in the end, it is not enough to rely on the LCM process, important as that is, because if we were not to give consent and the UK Government were to respect that, there would be no statute book for Wales to provide the continuity and certainty that this Bill, the continuity Bill, provides. 

The second point that David Melding made was about scrutiny, and I share lots of his anxieties about the timetable that we are now having to operate against, but the real finger does have to be pointed at the UK Government. Had they operated in the way that they told us they would and gave us the certainty that was needed earlier in this process, we would either have not needed this continuity Bill at all, or we would have been able to offer this Assembly greater time in which to scrutinise it. In the event, Leanne Wood asked why we didn't bring it forward earlier. She will know how closely we have acted in concert with the Scottish Government on this matter, how we have worked together to try and give the UK Government as much opportunity as possible to bring forward an amendment with which we could agree, how we have acted with the Scottish Government to a common timetable in introducing our continuity Bills, and how we are now in the position where speed will have to be of the essence. An explanatory memorandum will be published tomorrow alongside the Bill, if it is to be introduced.  

Leanne Wood rightly pointed to the fact that Plaid Cymru have long advocated a continuity Bill, and I think that she will recognise that part of the impact we have been able to have at the UK level has partly been by working together with Scotland, but also by being able to demonstrate the unity of purpose in this National Assembly on these very important matters. That's why we were so pleased to publish jointly 'Securing Wales' Future' with Plaid Cymru, and I'm sure that she will recognise that the First Minister responded positively from the very beginning to the concept of a continuity Bill, and has taken responsibility himself for the oversight of the development of that Bill, and the formidable amount, as Mick Antoniw said, of work that has gone into its preparation, including liaison with the Scottish First Minister along the way.  

I've heard what parties have said here this afternoon, Llywydd. I know we will not be unanimous. I regret that. I think it doesn't help us in getting the maximum leverage that Leanne Wood referred to. But I think there will be a substantial majority here on the floor of this Assembly so that we can bring this Bill forward, we can bring it forward as an emergency Bill, we can attend to it as best we can within the timetable that we have got, and if we are in the position that we do not seek, where we cannot secure agreement of the UK Government to a proper amendment to its own Bill, then the future of Wales and legal certainty and continuity here will have been secured through this Bill if we are able to take it onto the statute book.