Draft EU Withdrawal Agreement

Part of 2. Questions to the Counsel General – in the Senedd at 2:49 pm on 14 March 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 2:49, 14 March 2018

Thank you for that question. It does indeed. It's an essential part of the toolkit that we have in Wales and the UK to protect human rights. The Welsh Government has been absolutely clear that it does not wish the UK withdrawal from the EU in any way to lead to a dilution in human rights protections, including the extended protections that are available under the charter, which Jane Hutt refers to in her question.

The Welsh Government supports the ongoing efforts to amend the EU withdrawal Bill in the House of Lords to ensure that the charter is fully incorporated into UK law after Brexit, and the UK Government has committed to look again at this issue and come back to the House of Lords at Report Stage with further proposals in relation to that.

It remains the Welsh Government's position that the best outcome for this is for the EU withdrawal Bill to include reference to the charter and to continue the application of the charter in the UK following Brexit. If that is not what is achieved, section 7 of our Bill, although it doesn't incorporate the charter in that sense, provides a good level of protection. We have to navigate in that Bill the complex issue of devolved competences in this area, and it's important to ensure that we have certainty that the provisions in the Bill are in competence. And in relation to that clause, we feel that including a reference to the charter in that way provides the opportunity of interpreting EU law in a way that is consistent with the charter and which continues in that sense the protections that we want to see sustained in Wales following Brexit.