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

Part of the debate – in the Senedd at 3:40 pm on 18 April 2018.

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Photo of David Rees David Rees Labour 3:40, 18 April 2018

I'll avoid repeating too much of what my colleagues have already said, but I will congratulate you on the way in which you've put a measured argument forward this afternoon. Can I also put on record the measured argument put forward by the Cabinet Secretary for Finance when he undertakes the negotiations as well? Perhaps that's more frustrating as to why the UK Government hasn't actually come to an agreement yet, because they seem to keep frustrating us.

I have a couple of points. I appreciate that we didn't want to be putting forward a continuity Bill, but we have because it was the right thing to do, and we must remember that. Therefore, I hope that, if it does end up in the courts, you, as the Welsh Government, will vigorously defend the rights of this institution to have this Bill put forward and let it work, because we saw the need for the Bill and that need has not gone away. We anticipate, from what has been said, that positive discussion and amendments will come forward, but, as Simon Thomas alluded to earlier, that was stated by the Cabinet Minister before in Westminster and we still haven't had it. So, until we see them actually agreed and approved and in the Bill, we're in a position where that continuity Bill still delivers what we want.

In that sense, can you give clarification—? You highlighted a little bit about what would happen. First of all, if agreement takes place and we see those amendments being approved and put into the Bill, what is the process that will happen to this particular Bill? Because we, as an Assembly, have agreed and passed the Bill, so, what is the process for actually then withdrawing the Bill as you just highlighted? And on timing—no offence to lawyers, but here we go again—law takes an awful long time; it is not a fast-moving process. There could be a situation where the EU withdrawal Bill, unamended, is approved before this goes to court. What is the situation if that arises? How will the Welsh Government tackle that so that we can ensure that what we approved in March actually delivers for the people of Wales?