Part of the debate – in the Senedd at 3:16 pm on 15 May 2018.
The treatment is different, but there is a clear convention and the whole agreement, and the whole arrangement sinks or swims on the implementation of that and the maintenance. If that were to fail, then it's very clear, as we discussed within committee, that there would indeed be a constitutional crisis.
Nevertheless, in the context of mutual respect and parity between the nations of the UK, this difference of approach is also noted.
Point 5: the new clause 15 restrictions will apply until the National Assembly passes Acts that lift those restrictions.
Point 6: the amendments to the Bill do not require the Welsh Ministers to lay before the National Assembly a copy of any draft clause 15 regulations on the day they receive them from the UK Ministers, even though the 40-day clock on making a consent decision will start on the day the Welsh Ministers receive them. We acknowledge that the Cabinet Secretary—and we put on record—has given an undertaking that the Welsh Government would lay them immediately if they were able to.
Point 7: in the event that the National Assembly actively refuses consent for any draft clause 15 regulations, UK Ministers will be able to lay those draft regulations before the UK Parliament for approval, with a statement prepared by the Welsh Ministers explaining why the National Assembly refused consent. It will then be for the House of Commons and the House of Lords to approve clause 15 regulations. Therefore, it will be for the UK Parliament to make a decision on whether the Sewel convention will be enforced.
Point 8: UK Ministers will report every three months on whether powers that impose restrictions on the National Assembly’s competence should be repealed. UK Ministers will send a copy of each report to the Welsh Ministers, but there is no requirement for the Welsh Ministers to subsequently lay the reports before the National Assembly.
And point 9: when restrictions on the National Assembly’s competence are lifted by the UK Government, the Bill does not require UK Ministers to notify the National Assembly or the Welsh Ministers.
I think those are the comments that summarise the key parts of the report, which, as I say, was an agreed report representing the position of the committee. Thank you, Llywydd.