The European Union (Withdrawal) Bill

Part of 2. Questions to the Counsel General – in the Senedd at 2:23 pm on 2 May 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 2:23, 2 May 2018

Well, I'm about to outline the position, and I'll be very happy to take further questions if the Deputy Presiding Officer is prepared to accept them. The question is this: the 26 areas that the agreement establishes as the areas that could be subject to regulation are clear. What has actually not been so clear is the additional powers that will be exercised in Wales rather than at the European Union level as a result of reversing the effect of clause 11. She will be aware, of course, that the original effect of clause 11 was essentially to hold all those powers in Westminster, and the effect of inverting clause 11 means that powers will be exercised in Wales that previously would have been exercised in Brussels in a wide range of areas, including things like carbon capture and storage, energy planning consents, hydrocarbon licensing, air quality, biodiversity, marine environment, and a host of other areas. Those areas are all areas that will now be exercised in Wales rather than exercised in Brussels, as I say.

With regard to the regulations to put the specific policy areas in the freezer, which is the language that has been used, as she knows, those regulations will come to the Assembly for Members here to grant consent or otherwise in relation to those regulations. [Interruption.] As she's also aware, the Sewel convention, which is the underpinning of our devolution settlement—I obviously know that that is not something that she and her party are happy with—is not justiciable, it's not able to be actioned on in court. But as we know, also, from the Miller decision in the Supreme Court, it's a very, very strong political convention, which is regarded by the Supreme Court as a permanent part of our devolution settlement.