Group 1: Environmental Principles and Governance (Amendment 9)

Part of the debate – in the Senedd at 5:42 pm on 21 March 2018.

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Photo of Mick Antoniw Mick Antoniw Labour 5:42, 21 March 2018

I have no problem whatsoever with the principles as they're outlined in the amendment, and as it's drafted, and to that extent, in its drafting, it is a good amendment. It is just that it is a wholly inappropriate amendment in this particular piece of legislation.

I have to say, from my personal view, had this been an amendment that came before the Constitutional and Legislative Affairs Committee, there would've been issues that we would've wanted to consider—would've had to consider—as to the implications and how it relates to some of the competence issues. What I would say is that our Bill is not the same as the Scottish Bill; they are not replicas of one another. The drafting is very, very different. In fact, I think the drafting of our Bill is actually significantly better than the Scottish Bill. I think it is more comprehensive than the Scottish Bill, but establishing these particular principles in this particular way, what that will do is it will apply into areas that may well have unforeseen consequences, particularly in application to those areas where there may be grey areas as to whether they are matters for us or matters for the UK Government, or across, whether they are grey areas. If that were the case and if this matter were then to be referred, in some way, to the Supreme Court, they would become, indeed, quite significant issues.

Now, we might well win those, but what I would say is that this is a constitutional Bill of such constitutional importance to Wales that I'm not prepared to support a gamble—