Part of the debate – in the Senedd at 4:58 pm on 12 March 2019.
I think it's fair to say that when this Trade Bill was first introduced, we had a significant number of concerns. Some were within the scope of our legislative consent, and some were not. And as a result, we made clear in our first LCM that we would not at that time recommend legislative consent. Now, these concerns were echoed by the External Affairs and Additional Legislation Committee and the Constitutional and Legislative Affairs Committee. Now, at the time, the Welsh Government was locked in a wider dispute with the UK Government about the European Union (Withdrawal) Bill and the potential threat it posed to the exercise of devolved competence. Now, the resolution of that dispute through the conclusion of the inter-governmental agreement, endorsed, it must be said, by a significant majority of this Assembly when it gave its legislative consent to that Bill, paved the way for progress on this Bill.
Now, overall, we're pleased with the progress that has been made on the Bill because of the amendments, in addition to the non-legislative despatch box commitments that have been made since its introduction. In particular, and with our agreement, the UK Government tabled amendments to reflect the amendments made in the European Union (Withdrawal) Act 2018. Now, in respect of our other proposed amendments, we secured despatch-box commitments for—again, the exact same nature pertains to these as were made on the EU Withdrawal Bill.
Now, the UK Government have made a commitment that they will not normally use the powers in the Bill in areas of devolved competence without the consent of the devolved administrations. The UK Government has also committed to consulting with Welsh Ministers before extending the sunset clause.
Finally, although outside of our competence and, therefore, the scope of this consent memorandum, the UK Government has made a number of commitments on the new trade remedies authority. Whilst we fully accept that the TRA is an independent body, we believe there is a need to ensure that the Welsh Government has a clear means to engage with the TRA, and I'm pleased with the agreement that we've reached over the TRA, which goes beyond our initial ask of the UK Government.
Now, in relation to the non-legislative commitments, I would, of course, have preferred these to be on the face of the Bill. However, the approach we've taken mirrors the hard-fought agreement that we reached with the UK Government in respect of the European Union (Withdrawal) Act 2018. I have every expectation that the UK Government will deliver on its commitments.
I realise the Bill has been controversial as it's passed through Parliament, and that, with opposition amendments still being tabled, there's a possibility further changes could be made to the Bill. Should this be the case, I will, of course, make the Assembly aware. However, the Bill is now nearing its final stages in Parliament and I would urge Members to support this LCM.