Part of the debate – in the Senedd at 3:57 pm on 2 May 2018.
It's up to Westminster to decide all of this. We are a junior partner in the process.
Now, in the non-binding agreement there is a vague commitment not to legislate on England-only matters, whereas in the legally binding amendment Wales is explicitly precluded from legislating on Wales-only matters. Let me give Members an example. Westminster can legislate on farming, which is a devolved policy area, to whatever extent it likes and, for that matter, they can legislate to change the rules for Welsh farmers without the Assembly's consent. Yet, in this devolved policy area, Wales will not be able to legislate, a more obvious power grab you will not find. Fundamentally, Parliament's supremacy over us and England's special treatment shows the level of disdain, distrust and disinterest with which Westminster treats Wales. Our hands are tied by the law, where England is able to do what it likes.
I now want to move on to the third and final part of this: what does this Labour and Tory deal mean for people's lives? The complex constitutional questions are often abstract, but this cave-in has many clear and simple consequences. Let's start with the 26 policy areas where Westminster will now hold all the cards. The Tories in Westminster will, thanks to Labour, be able to decide the framework of farm payments, support and all manner of other agricultural regulations, without any substantial consideration of what Wales wants. Now, my colleague Llyr Gruffydd will outline the implications of this deal for farms in more detail, but I'd like to ask some questions of the First Minister. Does he believe that it is the barley barons of England or the hill farmers of Wales who will win Westminster support? When trade deals require our food markets to be prised open, what does he propose that we do, knowing that we have lost all the powers to stop it from happening?
Let's look at it another way. In this deal, we have the question of public procurement. Whether it's steel, state aid or our NHS, public procurement is critical to the Welsh economy and our community institutions. Now, powers over public procurement will sit at Westminster. Do they trust the Tories not to open up our NHS to private companies? Of course, the Welsh Government is doing this already in Wrexham, but now you've emboldened Westminster with powers you could have had, what hope do you have of stopping them prising open our NHS to more private companies? Whether it's a transatlantic trade and investment partnership-style agreement or some other trade deal, the Tories' eagerness to justify Brexit with new international agreements puts our NHS at risk, and this Government has now given the powers to the Tories to wreck our health service in this futile pursuit.
Devolution offered us a better way, a different way, and you have chosen to give that away. Over the past days, my party has spoken to constitutional experts, legislators and lawyers. They all decry this as a dodgy deal. Our leadership has gone, our leverage is lost, and our Assembly weakened, and I'm not even convinced that this Government fully understands what it has done. 'No' now means 'yes'; two devolution referendums now mean nothing; and Westminster regains its dominance over Wales. We are truly through the looking glass.
We have always accepted that frameworks and mechanisms will be needed to ensure a functioning statute book, but not like this. Tonight, we will vote on this dodgy deal, and to conclude I want to make a plea: if you believe in devolution, if you believe in a better Wales, if you believe that decisions about Wales should be made in Wales, then join with us. The law is on our side and history will be too. Assembly Members, your choice tonight is simple: join with the Brexit believers and vote through this dodgy deal or stand up for Wales and vote against this stitch-up.