Part of the debate – in the Senedd at 3:51 pm on 16 January 2019.
Thank you, Deputy Presiding Officer. I thank Suzy Davies for bringing this motion forward. I did wonder if it was the detail of the Marine Environment (Amendment) (EU Exit) Regulations 2018 that you did want to look at with detail. I wouldn't call it bland, I'd call it technical, but I—. I don't think it's twee, either. I think it's a really important point that's been raised.
If I could just say the UK's withdrawal from the European Union has created an unprecedented legislative programme across all Governments in the UK; we are all working to amend EU-derived law so that we do have a fully functioning statute book at the point of exit, whenever that is, and I think it's absolutely vital that the Welsh statute book remains operable.
Our approach here reflects the real and pressing need to respond to the extraordinary circumstances surrounding Brexit, rather than any attempt whatsoever to limit or frustrate the Assembly's role as a legislature. It's been necessary to work with the UK Government on some aspects of the process of legislating for Brexit due to the sheer volume of legislation required. The UK Government's been producing its own SIs in some areas devolved to Wales, but only with the consent of the Welsh Ministers under the terms of the inter-governmental agreement. We are notifying the Assembly whenever the UK SIs to which we have consented are laid in Parliament, and to date we've notified the Assembly of 76 such instruments. The Welsh Ministers only consent to the UK statutory instruments where there's no divergence on policy between Wales and the UK, and the decisions made by Welsh Ministers are designed to balance the extraordinary set of demands created by Brexit, with the Welsh Government's commitment to provide the greatest possible practical opportunities for scrutiny of those legislative actions that have a material rather than simply a technical purpose.
Deputy Presiding Officer, I think it would be helpful for Members to recognise that, if we'd taken the decision to make all EU exit legislative corrections for devolved areas solely in Wales, it would have required 200 statutory instruments and at least four Bills to be laid in the Assembly in addition to business as usual legislation. It would only be possible to pass the necessary Bills in the available time by following the fast-track procedure, which, again, would limit scrutiny by the Assembly. Even then, even if we excluded all other business, it would have taken approximately six months of Assembly time. So, I don't think it's a matter of me believing that it's a waste of Assembly time; I just think it is very practical.
I just would like to reassure Members as well that I look at every SI on an individual basis, which, of course, you would all expect me to do. My officials provide me with very detailed advice. I've also worked very closely with the Counsel General in relation to these SIs. But I'd certainly be very happy to look at your suggestions, Suzy Davies, to see if we can bring forward more detail in the written statements we bring forward. Thank you.