Leaving the EU without a Deal

1. Questions to the First Minister – in the Senedd on 12 February 2019.

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Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru

(Translated)

2. What assessment has the First Minister made of the impact that leaving the EU without a deal would have on the Welsh Government's legislative programme? OAQ53402

Photo of Mark Drakeford Mark Drakeford Labour 1:40, 12 February 2019

(Translated)

I thank Llyr Gruffydd for the question. The UK Government should take a 'no deal' Brexit off the table and seek an extension to article 50. In that way, both the financial and legislative impact on Wales could be eased. In the meantime, we press ahead with correcting deficiencies in law derived from the European Union. 

Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 1:41, 12 February 2019

(Translated)

Thank you for that response. There is a perception, certainly, that the Welsh Government has now become overly reliant on allowing the UK Government to legislate on our behalf. So, can you confirm that the Government's policy is that this place should legislate on behalf of Wales unless there are specific reasons for not doing so, and not, as some are suggesting, that there is an over-reliance on Westminster legislating on our behalf? That's important, because it cuts out an important scrutiny role that we as Assembly Members have in the context of that legislation. Bearing in mind that the Dáil is looking at sitting six days a week to deal with the situation that could arise, and that Westminster, of course, is talking about sitting during half term, do you anticipate that this Senedd will need to sit more often in order to cope with the legislative programme that will be necessary in the face of a 'no deal' Brexit?

Photo of Mark Drakeford Mark Drakeford Labour

(Translated)

I thank Llyr Gruffydd for that supplementary question. I would just state that our policy is the policy that he has set out this afternoon—that the responsibility to legislate is in the hands of the Assembly. We want to see the Assembly dealing with those particular responsibilities unless there is a specific reason that we can't do it in that way. Of course, Brexit does create the context where that specific reason arises.

What we're doing is the same as they are doing in Scotland. Where the House of Commons can do things that are entirely technical and that don't change our policy at all, because there is insufficient time for us to redo things that they do, then we say, 'Well, we're content for them, with our agreement, to legislate.' But, if policies change, then we bring them to the floor of the Assembly, and that's what we've done. There are more things to do with regards to statutory instruments, with regard to exiting the European Union, and there are more to come to the floor of the Assembly. So, when policies change, we come here and we give opportunities, importantly, for the Assembly to scrutinise what we suggest.

In the context of exiting the European Union, where there are so many things to do, when the changes are only technical in nature, then we give the House of Commons the opportunity to do so on our behalf, as they do in Scotland. Just to come to the final question, I can foresee a situation where we will have to allocate greater time on the floor of the Assembly to deal with the impact if we are going to exit the European Union.  

Photo of Andrew RT Davies Andrew RT Davies Conservative 1:43, 12 February 2019

First Minister, we know from the rural affairs Secretary that the delay in her Government's response to 'Brexit and our land' will push that response into the summer. One thing that the Minister's committed to is obviously bringing a Welsh agricultural Bill forward. We have two years roughly left of sitting in this institution. Can you confirm that there is no delay in the Government's intention to bring such a Welsh agricultural Bill forward, even though the consultation to 'Brexit and our land' has been pushed into the summer now, because, to give that Bill a fair run and be consulted on and implemented, it is vital that the time is put aside in Government business time for us to consider the merits or not of the case that the Government will be making in that Bill? 

Photo of Mark Drakeford Mark Drakeford Labour 1:44, 12 February 2019

Well, Llywydd, I understand entirely the points that the Member is making, and the importance of them in ensuring that an agriculture Bill of our own for Wales can be brought forward in a way that offers the Assembly the time it will need to consider such an important Bill. Andrew R.T. Davies will, I think, be happy to recognise the fact that we have been able to work closely with the UK Government in relation to the Agriculture Bill, which is currently going through the House of Commons, that, as a result of the agreements we have now reached with the UK Government, we are confident that that Bill will provide Welsh Ministers with all the legislative tools we need to deal with the immediate impacts of leaving the European Union and there will be no gap in the statute book for Wales as a result of those agreements. But, as he says, the Minister has made it clear that, through the 'Brexit and our land' consultation and the continuing dialogue that she has with farmers' unions and others, it is her intention to bring forward an agriculture Bill for Wales. And, given all the uncertainties of the world that we live in, it is our intention to do that during this Assembly term.