8. Legislative Consent Motion on the Healthcare (International Arrangements) Bill

Part of the debate – in the Senedd at 5:36 pm on 12 March 2019.

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Photo of Vaughan Gething Vaughan Gething Labour 5:36, 12 March 2019

Thank you, Presiding Officer. I thank both Members for their contributions to the debate. The Chair of the Constitutional and Legislative Affairs Committee asked a series of highly detailed questions that I won't be able to properly answer at this point in time. I don't think I'd be able to do them justice. I will, however, write to the committee to pick up the points that are on the record to make sure that they are properly dealt with.

But it's worth reflecting that, alongside the memorandum of understanding, the amendment laid on 5 March puts on the face of the Bill that requirement for the Secretary of State to consult Welsh Ministers before making regulations under section 2 that contain provisions that are within the legislative competence of this place. The Bill has been amended to remove the power to amend, repeal or revoke primary legislation, including Acts or Measures of the National Assembly.

It is worth reminding ourselves that the Bill as originally laid secured the consent of Scottish Ministers. The reason why we're in a different position is because this Government took a different view, and we negotiated and secured real and material change that does better safeguard the position of not just this Government, but of every devolved national government within the United Kingdom. As Mick Antoniw referred to, the recently tabled amendments to introduce a sunset clause limit the power to make unilateral provision to five years after exit day, so the UK Government won't continue to be able to make regulations to give effect to healthcare agreements beyond this date.

I do need to try and address the tone and the tenor and some of the content of the remarks made by Helen Mary Jones, because I don't agree with her assessment that this Bill should be described as a bad and dangerous piece of legislation. It is a necessary piece of legislation for international reciprocal healthcare agreements to continue—those that Welsh citizens and others benefit from as we are today. The risk is that, if we are not in a position to do this, and the Bill is not passed, then if we leave without a deal at the end of March, our citizens that we're responsible for in other parts of Europe will not have their entitlement to reciprocal healthcare. It is a necessary piece of legislation, and the purpose of the Bill simply does not stretch—