11. Debate: Stage 4 of the Law Derived from the European Union (Wales) Bill

Part of the debate – in the Senedd at 6:12 pm on 21 March 2018.

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Photo of Julie James Julie James Labour 6:12, 21 March 2018

Diolch, Llywydd. I formally move the motion.

Can I start by thanking the Cabinet Secretary for Finance, in his absence, for all the work that he has undertaken to develop and bring forward this Bill? I know that he will be bitterly disappointed not to have been here for this final stage of the process, but delighted if the Bill is passed by the clear signal that it will provide of our commitment to defend the devolution settlement while helping to provide legislative continuity as the UK leaves the EU. However, the role of helping to steer the Bill through its final stages has fallen to me, and it's one that I consider to have been a great privilege. The Bill is a product of an intense period of hard work, initially on the part of officials and latterly on the part of the Assembly Members. I am grateful to the Chair, members and staff of the Constitutional and Legislative Affairs Committee in particular for the impressive speed at which they were able to consider the Bill and then produce a report setting out a useful set of recommendations, which has made the Bill more robust. 

I'd also like to put on record my thanks to Simon Thomas, for the constructive approach he has taken to this Bill. His challenge and support during the scrutiny stages has certainly improved the Bill. [Interruption.] You speak as you find. It's been very helpful, and, as I say, his challenge and support during the scrutiny stages has certainly improved the Bill. 

I must also give particular thanks to Steffan Lewis for being the first to champion, with great passion, the need for a Welsh continuity Bill, and for the contribution he has made to get us to this position. 

Their contributions have played an important part in the shaping of this Bill.

As a Government, we've been clear throughout every stage of this process that the LDEU Bill is a fallback option, and that remains the case. Our preferred outcome is and always has been that the UK Government's EU withdrawal Bill is amended so that it provides legal continuity and certainty for the UK as a whole, while properly respecting our devolution settlement. We continue to work hard in formal and informal discussions with the UK Government and the Scottish Government to this end, and we remain hopeful that an agreement can be reached that results in the necessary amendments to the EU withdrawal Bill.

However, I want to be clear that the fact it is and remains a fallback option does not diminish the importance of the LDEU Bill today, if it's passed today, because the Bill will do two vital things. Firstly, it will enable us to prepare reasonably and sensibly for the possibility that the EU withdrawal Bill is not amended in a way that allows the Welsh Government to recommend to this Assembly that a legislative consent motion is passed. A key reason for bringing forward this Bill is that our approach to the EU withdrawal Bill is in no sense about trying to block Brexit. To refuse legislative consent without providing an alternative way of securing legislative continuity would be inconsistent with our clear focus on, to quote my friend the Cabinet Secretary for Finance, the form not the fact of Brexit. 

In the event that the Assembly cannot give consent, we would have to ensure that appropriate alternative arrangements are in place to enable EU derived law to continue in Wales with as little disruption as possible. A failure to do so would leave Welsh citizens and businesses subject to an intolerable state of legal uncertainty, with holes in the statue book at the point of Brexit. This Bill will ensure that that will not happen.

Secondly, passing the LDEU Bill will demonstrate to the UK Government that this Assembly is serious about protecting the devolution settlement and about ensuring that the outcomes of two referendums on devolution are properly respected. Brexit must not be used as an excuse to undermine the authority of this Assembly and roll back its powers. It is our responsibility as elected representatives of the people of Wales to stand up for devolution and protect the interests of the nation. I am heartened by the clear support from across the Assembly for that point of view. We shall see in the next few days and weeks whether an agreement is reached on the necessary amendment to the EU withdrawal Bill, and we will continue working to achieve that, which continues to be our preferred outcome.

However, if an agreement is not reached, we will have no choice but to proceed with the implementation of this Bill, which is a robust, intelligent piece of legislation that reflects well on this still young but very determined legislature. I commend the Bill to the Assembly.