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 6:37 pm on 6 March 2018.

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Photo of Mark Drakeford Mark Drakeford Labour 6:37, 6 March 2018

Diolch yn fawr, Llywydd. Can I thank all Members who have taken part in this very thoughtful debate? Let me begin with the last contribution by Mark Isherwood and confirm to Members of the Assembly that I will indeed be going to a meeting with the UK Government and the Scottish Government on Thursday of this week, and that I will go to that meeting in exactly the spirit that Mark Isherwood set out, looking to find ways in which we can craft an amendment between us that both secures continuity, so that EU law can be transferred into domestic law in an orderly way, but also that respects devolution in the United Kingdom. And I'll go there to do that in as determined and purposeful a way as I can.

This Bill is about what happens if that does not succeed, and I want to go to David Melding's contribution, because David Melding identified two issues that are directly relevant to this debate. He argued that the LCM process is where the proper check and balance in the system lies, that what we should do is to rely on the LCM process—and you've heard Mark Isherwood say that his party would have no hesitation in voting against legislative consent if the UK EU withdrawal Bill didn't respect devolution. But the question I have to ask the Conservative Party is: what happens then? What happens if this legislator denies legislative competence? Leanne Wood said that the UK Government had already ignored, once, a refused LCM, but they have never refused to respect an LCM where they themselves had said at the beginning that an LCM was required. They denied it was necessary in relation to policing, arguing that it wasn't devolved, but the UK Government itself has said that it requires the consent of this legislature. So, we have to assume, in taking David's point, if the checks and balances are genuinely to work, that if we denied legislative consent, then those parts of the Bill that affect Wales would no longer go forward, and where would be the certainty then?