5. Statement by the Chair of the Constitutional and Legislative Affairs Committee: The European Union (Withdrawal) Bill — the National Assembly's decision in relation to subordinate legislation procedures

Part of the debate – in the Senedd at 3:36 pm on 25 April 2018.

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Photo of David Melding David Melding Conservative 3:36, 25 April 2018

Can I thank Mick Antoniw for seeking to defend the prerogatives of this Assembly so strongly? I think it's another example of Executive overreach. We were told at the dawn of devolution that we would do things differently. We would take what was best in the British parliamentary tradition, but we would ensure that we had openness and scrutiny, especially over—irony of irony—secondary legislation. And now we see the Welsh Government commit a deeply hostile act.

They weren't prepared to argue their case in open sight, despite the fact that this is a very long-standing principle that the Constitutional and Legislative Affairs Committee has had, in terms of that we should really be setting the procedures for this type of subordinate legislation and other vital matters. But, really, not to argue the case, to allow a motion to proceed and not oppose it, but then, in a calculated way, to petition the UK Government not to act on our recommendation. And, indeed, we don't even know that they told them what our recommendation was because it was a very strange reply we received in terms of the comment that was read out by Mick Antoniw. 

As I said, this is part of a general trend by the Welsh Government when it seeks to set and mark its own homework in terms of the procedures that should apply. And, then, the other defence is, 'Well, Ministers are following the Counsel General's guidelines', as if the Counsel General is in charge of what sort of procedures the legislature should apply in its scrutiny of legislation. It really is a remarkable tangle, and now we have it in this most important part of the constitution when we're repatriating so much law that had previously been passed over to Brussels. 

I really think it's shabby. Can I just assure Mick Antoniw that in all his efforts, as Chair of the Constitutional and Legislative Affairs Committee, to take this matter forward and hold the Government to account, he'll have our full support?