8. Debate: The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018

Part of the debate – in the Senedd at 5:42 pm on 20 November 2018.

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Photo of Jane Hutt Jane Hutt Labour 5:42, 20 November 2018

I'm pleased to take part in this debate and would like to express my thanks to Steffan Lewis for the integrity of purpose and principle that he's brought to the External Affairs and Additional Legislation Committee in his role, particularly developing, of course, in those early days post the Brexit referendum, 'Securing Wales' Future', the paper that has stood the test of time since its inception. But I do support the Welsh Government motion today, which is no surprise, as I welcomed the outcome of the Cabinet Secretary's negotiations, which resulted in the inter-governmental agreement earlier this year, and which reflected our proposed amendments to the UK Government withdrawal Bill. I welcomed his statement last week, which provided the assurance and evidence that the route he took was the right one, and delivered the outcomes we called for to safeguard our powers.

Now, if you recall, as a result of the EU withdrawal Act, following the achievements of the inter-governmental agreement, the EAAL committee supported the need for the UK Government to report to Parliament on matters relating to frameworks and any use of the so-called section 12 freezing powers to temporarily maintain existing EU law limits on devolved competence. We called for our Standing Orders to require such a report to be laid before the Assembly within a day of it being laid in Parliament, and it was indeed laid, and I welcome the Cabinet Secretary's statement on 13 November.

Can I again acknowledge the importance of the inter-governmental agreement? It was the Cabinet Secretary who succeeded in getting the UK Government to change its position so that all devolved powers and policy areas should rest in Cardiff and Edinburgh, unless there are areas where common frameworks can be agreed. As a result of intensive negotiations over the past few months, we have this positive outcome with regard to these UK common areas, and I think it's worth putting on record again today what the UK Government ministerial foreword said last week:

'On the basis of the significant joint progress on future frameworks, and the continued collaboration to ensure the statute book is ready for exit day, the UK Government has concluded that it does not need to bring forward any section 12 regulations at this juncture.'

Again, the positive impact of this outcome is clear as it goes on to say:

'Scottish and Welsh Governments continue to commit to not diverging in ways that would cut across future frameworks, where it has been agreed they are necessary or where discussions continue'.

The Cabinet Secretary has indicated a positive response today from the Scottish Government to this outcome as well. So, taking forward the continuity Bill was important, but it was always a fallback, as the Cabinet Secretary said, and the First Minister—and the Cabinet Secretary said that on a number of occasions during the debate about the continuity Bill—and that the preferred outcome would be to see changes in the withdrawal Bill to reflect our roles, powers and responsibilities. It was leverage that was needed, as the Cabinet Secretary has said. And it must be acknowledged that is the result of cross-party action, and the impact of this leverage is so important, and we must record it clearly today; it is evident.

And I recall an article by Ian Price of the CBI in the Western Mail at the time of the inter-governmental agreement. He was taking the long view when he said the deal was very good for the Welsh economy and its people and:

'What has been agreed...is a sensible collaboration between the Welsh Government, Westminster and Whitehall to agree a common way forward on areas that impact the whole of the UK'. 

So, I'm sure businesses in Wales will be welcoming the Cabinet Secretary's statement last week and Welsh businesses will be reassured, in the context of so much uncertainty as to the state and terms of Brexit for Wales, and agree that the integrity and purpose of the inter-governmental agreement must be safeguarded.

So, it's for that reason that I support the repeal of the continuity Act. As the Cabinet Secretary said devolution is entrenched in the inter-governmental agreement and this is the positive outcome, which has commanded respect in the Houses of Parliament as well as this Chamber and the UK Government.