Part of the debate – in the Senedd at 3:47 pm on 16 January 2019.
Can I applaud Suzy Davies for tabling this statutory instrument consent memorandum and her subsequent consent motion, because—? The bigger picture, we are where we are as regards Brexit regulations and we must soldier on, and I'm not going to rehearse again our fears on this side of any Brexit power grabs. That's the bigger picture. As we've heard, Standing Order 30A states that Government must lay a statutory instrument consent memorandum and motion if a UK statutory instrument allows UK Ministers to amend primary legislation here in Wales in devolved areas. That's why it's important, and, as I said, I applaud Suzy for bringing this forward and shining a light on the importance of this. There is no particular disagreement as regards to this particular instrument in front of us, it's just being used as an example, because we do have common frameworks now to sort out the EU withdrawal legislation. An awful lot of secondary legislation, as we've heard, is coming our way.
We talk a lot about shared governance. In other words, it's not just one Government in one place telling another Government in another place what to do. Governance is meant to be shared now in an open spirit of respect and mutual confidence in one another. But, obviously, on CLAC, on the Constitutional and Legislative Affairs Committee, we do fret about these sorts of things. We fret about not just the loss of powers from this institution to Westminster, we also fret about the possible loss of powers from this legislature to our own Government. Both of those things occupy a lot of the time, and that is the framework where we're having this discussion.
So, this is about this legislature being able to hold this Government to account, and that's the importance of this little debate this afternoon, because SICMs are the secondary legislative equivalent of LCMs and we have got a recent LCM on the reciprocal health arrangements where we've seen a fairly blatant attempt by Westminster Government to broaden the scope of reciprocal health arrangements from just a simple transfer of functions—. That's what we were all expecting, a simple transfer of functions because of Brexit, a simple transfer, and we've seen a blatant attempt to broaden the scope of that, and the health Minister here, rightly, at the moment is minded to withhold legislative consent unless that particular Bill is amended along the lines of all our concerns here. So, that's the importance of this debate.
It might be a twee constitutional point, but it's a very, very important one, because the volume of SICMs coming our way is quite startling, and we have, as Suzy has said, many, many reports saying exactly the same thing, and our legislative support here is working extremely hard to keep up with it all, and we mustn't lose sight because, sometimes, things possibly can be agreed to if we don't look at dotting the i's and crossing the t's.
So, I'm grateful to Suzy so that we're able to shine a light on this. It highlights the potential, sometimes, for this Assembly legislature to be sidelined just because there isn't enough time, it's not important enough, there's too much work, and it's a Government to Government thing—well, actually, it's about this legislature. Diolch yn fawr.