4. Statement by the Counsel General: Law Derived from the European Union (Wales) Bill

Part of the debate – in the Senedd at 3:25 pm on 18 April 2018.

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Photo of David Melding David Melding Conservative 3:25, 18 April 2018

Can I start by noting the restrained tone of the Counsel General? I do welcome this as a sign that the Welsh Government is genuinely seeking agreement on these matters. I also think the decision by the UK Government to refer the matter to the Supreme Court should be viewed as an attempt to clarify the current legal position. The Scottish Presiding Officer, after all, considered their Bill to be outside their competence, and, Llywydd, you emphasised, in expressing a concrete view in terms of our Bill, that the matter was finely balanced. So, it seems to me reasonable, under these circumstances, for this clarity to be sought.

Like the Counsel General, on this side of the Assembly, we believe that getting agreement so that an LCM can pass is essential and that is very much what we should be focusing on, and that obviously means that the EU withdrawal Bill has to be suitably amended, specifically around clause 11, to allow that to happen, and all reasonable attempts to achieve this have been supported by us and that will continue to be our attitude. Closely related to this issue is how the frameworks and their governance will operate. Again, we've sought to give constructive support to the Welsh Government in pursuing these matters broadly around some sort of concept of shared governance. These are very important issues for the British constitution, for the development of devolution, when in this remarkable situation of seceding from the European Union.

So, whilst we oppose the continuity Bill, we are prepared, now, to see the general situation and urge restraint and construction and a constructive approach on all parties. I just wonder whether the Counsel General can give us any further indication on the current state of negotiations. It does seem to me, from the tone on both sides, that we could be quite close to an agreement and I just wonder if that is a fair reading of the situation—or are there greater complications than we currently realise, perhaps, associated with other jurisdictions and their attitudes? But I'll end on this: that, given this statement this afternoon and its constructive tone, we will urge all parties to work and redouble their efforts to get over that line, so that we can have an LCM that protects the devolution settlement appropriately and all parties can agree to.