Article 50

2. Questions to the Counsel General and Brexit Minister (in respect of his Brexit Minister responsibilities) – in the Senedd on 13 February 2019.

Alert me about debates like this

Photo of Jenny Rathbone Jenny Rathbone Labour

(Translated)

7. What discussions has the Counsel General had about the urgency of extending the deadline for Article 50 beyond the end of March 2019? OAQ53410

Photo of Jeremy Miles Jeremy Miles Labour 3:01, 13 February 2019

I have made the Welsh Government's views clear to the UK Government, most recently at last week's meeting of the JMC on EU negotiations. The UK Government must seek an extension to article 50 immediately to put an end to the threats of the UK crashing out of the EU without a deal in only seven weeks' time.

Photo of Jenny Rathbone Jenny Rathbone Labour 3:02, 13 February 2019

No responsible Government would crash out of the EU without an agreement with our main trading partners. That's the view of a BBC reporter, who's job it is to be impartial, so I think that's well established. The question that arises, though, is: is there sufficient time to deliver the legislation required to extend article 50 at this stage were, by some magic, Mrs May able to deliver a deal that met the approval of the majority in the House of Commons? If not, what are the implications for Wales entering into some sort of dystopian limbo land with regard to really important issues like the regulation of food products, things like electrical goods and, indeed, the environment?

Photo of Jeremy Miles Jeremy Miles Labour 3:03, 13 February 2019

I thank the Member for that supplementary question. I referred to a report by the Institute for Government a few weeks ago that describes the challenge in implementing or bringing into law the Bill that is currently in front of the House of Commons in the event that there's no extension sought to the article 50 process. Whatever your view on Brexit, the practical challenges of doing that are absolutely clear, and I repeat the call that the Prime Minister should seek an extension at the earliest possible opportunity.

In relation to the practical point that the Member raises about the impact on Wales of a failure to get that primary legislation over the line in Parliament, I would just say, firstly, that the purpose of the legislative deficiencies programme that we've been undertaking for many, many months at this point is in order to ensure that the statute book remains consistent on the first day after Brexit. So, we've been planning on the basis of a 'no deal' from the outset in relation to that. So, the Member's raised previously with me questions around food standards, as she just has done now—chlorinated chicken and that sort of situation. The purpose of the statutory instruments programme we've had in place is to ensure that, as of day one after exit, EU law applies in Wales as the day before, effectively, but it's incorporated into the law of the United Kingdom. So, from that point of view, that has been the objective throughout, but there will be, if it becomes the case that not all that legislation has been passed by the point at which the UK leaves the European Union, there will need to be a rapid programme of statutory instruments to correct some of those issues in relation to other matters. But the sorts of things that she is asking about in her question have been the sorts of things that the deficiencies programme has been aiming to tackle over the last few months. 

Photo of Mark Reckless Mark Reckless Conservative 3:05, 13 February 2019

Isn't it also the case that the Minister is seeking an extension of article 50 because he sees it as a step towards blocking Brexit?

Photo of Jeremy Miles Jeremy Miles Labour

I hesitate to say this but—[Interruption.]

Photo of Ann Jones Ann Jones Labour

Can we listen to the Minister's answer because he's struggling at the best of it? So, if we can be quiet, please.

Photo of Jeremy Miles Jeremy Miles Labour

I hesitate to say this: I didn't catch what the Member asked. So, could you repeat that?

Photo of Mark Reckless Mark Reckless Conservative

I shall ask again and try his catch his answer as well. I asked the Minister: isn't it also the case that he is seeking an extension of article 50 as a step towards blocking Brexit?

Photo of Jeremy Miles Jeremy Miles Labour

No, it is not the case. I can't be clearer than I have been today. We have been absolutely categorical about the kind of post-Brexit relationship with the European Union the Welsh Government thinks would be in the interests of Wales. I was invited by Darren Millar to take the view that a referendum was preferable to that, and I hope that I was clear then. If the sort of deal can emerge from Parliament that reflects the principles that we have set out in 'Securing Wales' Future', and the principles that the leader of the opposition's letter outlined earlier this week, that is the kind of post-Brexit relationship we would be able to support. If that is not possible, then we fully recognise that the means of breaking that deadlock is another referendum. It's a perfectly pragmatic position.