Part of the debate – in the Senedd at 3:41 pm on 25 April 2018.
Can I welcome the statement by the Chair of our committee, the Constitutional and Legislative Affairs Committee, Mick Antoniw? I wholeheartedly agree with the sentiments expressed and those expressed by David Melding, a fellow member of the Constitutional and Legislative Affairs Committee.
This is a serious matter—absolutely serious matter—because, and I won't go over the history again, but obviously there's always a tension between governments and their individual legislatures. We'll hear, doubtless later on this afternoon, of the tension of powers lost between here and Westminster, but this is an issue of powers lost between us and the Government—a power grab internally, if you like, between Welsh Government and the Assembly itself.
Recommendation 2 that was passed unanimously here says that,
'The recommendation made by the sifting committee under recommendation 1 should be binding, save where the National Assembly resolves otherwise. This requirement should be reflected on the face of the Bill.'
I've got to say that that is not the most radical piece of legislation we've ever passed in this place. We've agreed unanimously and it puts the onus firmly on the National Assembly for Wales, where it should properly reside, in terms of the importance of scrutiny in this place. It is difficult enough performing scrutiny to a detailed degree as it is, with the various pressures on us, and obviously only about 40 or so Assembly Members can legitimately take part in that scrutiny process, and then when things are taken away from us, which we thought were previously agreed, that does not stack up.
Also, in correspondence, it has been embarrassing, not just for CLAC, but also, I would contend, for Llywydd here, when the position has been agreed and the Secretary of State then discovers that actually that agreed position of the National Assembly has been overridden by the First Minister here without recourse to this National Assembly for Wales. So, it is a moot point to ask what value we can place on unanimous votes placed and passed in this legislature when the First Minister can subsequently, and without warning, reject one of the main recommendations that had been passed unanimously, as Mick Antoniw has said.
The other important point, as regards the EU withdrawal Bill itself, which doubtless we will be discussing more in the next statement, is that the primacy of Welsh Ministers over the legislature here in the Senedd, as regards the sifting process, has found its way into the UK Government's supplementary memorandum on delegated powers in the EU withdrawal Bill itself. This is totally unacceptable and it undermines the decision-making processes of this Assembly, of which we are all proud members.
I seek reassurance. I note all the communications that have gone back and forth and the apologies, but at the end of the day, this is plainly just not good enough and it's a poor signal of the way the rest of the negotiations are going on as regards the totality of the EU withdrawal Bill, if we cannot get this situation correct.
The Constitutional and Legislative Affairs Committee, we can respond in an emergency. We did that within a day with the continuity Bill, despite David Melding, to be fair, on a policy ground—even though that is not a legitimate concern for CLAC—not being totally involved in that procedure. We managed to turn it around in an urgent situation in a day. So, the First Minister's argument about the urgency of the situation trumping our recommendation does not hold water, and I look forward to further discussions on the matter. Diolch yn fawr.