5. Debate: The General Principles of the Law Derived from the European Union (Wales) Bill

Part of the debate – in the Senedd at 4:29 pm on 13 March 2018.

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Photo of David Melding David Melding Conservative 4:29, 13 March 2018

Can I just say, Presiding Officer, I did not withdraw myself from any process? I attended all the public session of CLAC and all but the last two or three minutes of your deliberations. I withdrew when I said that, in principle, I could not support the report. Therefore, I was leaving so that the other committee members could then proceed and agree to the parts that they then indicated in their report, and which was quoted by the Minister. I did not intervene on him to undermine, perhaps, some of the points he was making that that was a report that was unanimous—because he had not made that clear, though he didn't need to. So, I'm not accusing him of anything inappropriate. I have co-operated effectively. We all know this Bill cannot be scrutinised in anything like a proper, full fashion, and we should not be playing with legislation, certainly not constitutional legislation, in this way.

I also fear, Presiding Officer, that this emergency Bill risks undermining the negotiations that have been ongoing for several months with the UK Government. Now, I'm not naive about what goes on—I'm sure there's great resilience both sides of the M4—and I hope that does genuinely continue, because we do need an agreement at the end of this, and let's hope that we will forget this afternoon's sad episode when we get proper agreement in the future. At the moment, the UK Government is seeking agreement on UK frameworks and that process post Brexit. It's very important that the Welsh Government's case is heard fully, because establishing shared governance arrangements over common frameworks is a fundamental principle, and it's one that we do accept here. We realise that you've had some struggles in winning those particular battles, and I do not think what you're engaged in here is particularly helping. And there have been some real successes. I'd have to say the Welsh Government has already achieved a lot in terms of the amendments that were laid in the House of Lords yesterday. Now, I realise they don't go as far as you would like, and some of what you want has not yet been delivered. But it's an ongoing process that indeed continues tomorrow with the First Minister meeting with the Prime Minister, and that's the appropriate time to take things forward and see if we can reach a full agreement. 

Our position, to conclude, as I'm rapidly running out of time, is that a UK Bill is the only way to proceed; the only we can have proper clarity in this process. And we have the protection afforded by the LCM process. To have two competing statutes governing Brexit would create wholesale confusion. We need clarity, not confusion; this serves no-one's purpose. I regret that the Welsh Government has allied itself so closely to the Scottish Government. I fear this may deflect the Welsh Government from pursuing the interests of Wales to secure a clear Brexit that will strengthen the governance arrangements of the UK. I also fear that if the Welsh, and, presumably, the Scottish Bill, proceeds, then the success of the EU withdrawal Bill in Westminster will be threatened, and it's likely this matter will then appear before the Supreme Court. Confusion, confusion, confusion; let's stop this nonsense and vote against this motion.