Group 3: Repeal of the Act (Amendments 1, 2, 4, 5, 6, 8)

Part of the debate – in the Senedd at 6:00 pm on 21 March 2018.

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Photo of David Melding David Melding Conservative 6:00, 21 March 2018

Diolch yn fawr, Llywydd. I move the amendments. It was strange that this Bill had no repeal clause, unlike the Scottish Bill. The amendment I am speaking to will rectify that defect, and I believe this is necessary because the Welsh Government continues to state that it would prefer to proceed via a UK Bill, and I do accept that statement as in good faith. The Welsh Government continues to seek an agreement on the grounds on which it could support an LCM on the UK Bill. The UK Government is also committed to reaching an agreement, and has already made helpful changes to accommodate the concerns of the Welsh Government. Good progress was made last week when the First Minister met with the Prime Minister. Further meetings are planned to build on this good progress to achieve a final agreement. Therefore, it is clearly the hope of the main players that this Bill will become redundant. An efficient repeal process is therefore very much in the public interest.

Can I just speak to why I think my amendment is a better version than the Welsh Government's? The version that I have laid follows the Scottish model. However, the Welsh Government has introduced an option of a form of superaffirmative process, essentially allowing for consultation on repeal. I do not believe that this would be in the public interest, principally because, if an agreement between the Governments does come forward, it would be the best thing to do to repeal it quickly and ensure that there is complete clarity on the legal position. That is best achieved by this place, having gone through the Bill process, then deciding to repeal it because circumstances would have changed so much. Also, I do observe that it is slightly bizarre to have a consultation process on repeal when the original Act had no such consultation.