8. Plaid Cymru Debate:– The European Union (Withdrawal) Bill and devolution

Part of the debate – in the Senedd at 4:02 pm on 2 May 2018.

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Photo of Mark Isherwood Mark Isherwood Conservative 4:02, 2 May 2018

Last week, the UK Government and Welsh Government confirmed that they had reached an agreement on the European Union (Withdrawal) Bill for subsequent tabling in the UK Parliament. This means that the Welsh Government will now recommend that the National Assembly for Wales pass a legislative consent motion for the Bill. So, let me repeat the thanks and congratulations I gave to Mark Drakeford and to David Lidington, Minister for the UK Cabinet Office, for the measured, mature and pragmatic way they've conducted negotiations to secure agreement when we discussed this here at length last week.

Once again, having done an issue to death one week, Plaid Cymru seeks to follow it into the afterlife the next. Trapped in an ideological straitjacket of false perceptions and divisive prejudice, they just can't help themselves. The agreement reached required compromise on both sides, where each recognised the need for UK-wide frameworks in specific areas to avoid disruption to the UK's own internal market. It is regrettable that Plaid Cymru seem not to share that recognition.

The proposed changes to the Bill will mean that the vast majority of EU powers that intersect with devolved competencies will go directly to the devolved Parliaments when the UK leaves the EU. Whilst powers over devolved policy will continue to lie with this National Assembly, the UK Government will be given temporary powers over a small number of returning policy areas, so that UK-wide frameworks can replace the EU rule book in order to ensure that no new barriers are created within the UK for consumers and businesses.

I therefore move amendment 1, which proposes that this Assembly welcomes the agreement between the Welsh and UK Governments on the European Union (Withdrawal) Bill, welcomes that this will protect the UK internal market and ensure that no new barriers are created within the UK for consumers and businesses, welcomes that this means that the vast majority of EU powers that intersect with devolved competencies will go directly to the devolved Parliaments and Assemblies when the UK leaves the EU, welcomes the duty placed on UK Ministers to seek the agreement of the devolved legislatures each time they propose to make regulations to put a policy area into the so-called 'clause 11 freeze', welcomes the time limit introduced on the temporary constraint on devolved competence, and welcomes that this means that the Welsh Government will now recommend that this Assembly pass a legislative consent motion for the EU (Withdrawal) Bill. 

The agreement between the UK and Welsh Governments means that, although UK Ministers will be able to specify through regulations policy areas where devolved competence would be subject to a freeze whilst new frameworks are agreed, they must seek the agreement of the devolved legislatures each time they propose to make regulations to put a policy area into the clause 11 freeze. Although the UK Parliament will be free and able to approve the regulations creating the freeze if a devolved legislature's agreement is refused or not provided within 40 days, this will be subject to UK Ministers making a statement to UK Parliament explaining why they've decided to make regulations despite the absence of a devolved legislature's agreement, and laying any statement from the Welsh Government on why consent was not given by this Assembly. Members will then be free to debate and vote that in the UK Parliament.

Contrary to Plaid Cymru claims, Assembly lawyers informed the external affairs committee on Monday that the UK Parliament will be unable to assume that the Assembly has consented when its consent decision was to refuse consent. That was the advice from Assembly lawyers. We have long called for a time limit or sunset clause on any temporary restriction of devolved competencies, and this agreement delivers a time limit of two years after exit day on the regulation-making power if not brought to an end sooner, and of five years after they come into force on the regulations themselves if not revoked earlier.

Quoting the First Minister here both yesterday and again today, Leanne Wood asked who is to say that a sunset clause wouldn't be extended ad infinitum in the future. In reality, this inter-governmental agreement means that although a sunset clause cannot be extended, it can be shortened. As Labour's amendment also states, any UK-wide frameworks to replace the current EU frameworks will be freely negotiated between the Governments, will be subject to the Sewel convention, and, while these frameworks have been negotiated, no Government, including the UK Government in respect of England, will be able to introduce legislation that departs from the status quo. I am pleased, for the first time in 15 years in the Assembly, to actually quote in support of a component of a Labour amendment. Thank you.