8. Supplementary Legislative Consent Memorandum on the Trade Bill

Part of the debate – in the Senedd at 6:03 pm on 21 May 2019.

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Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 6:03, 21 May 2019

Now, I've written to both the External Affairs and Additional Legislation Committee and Constitutional and Legislative Affairs Committee updating them on all the changes made to the Bill as it progressed. However, as the Bill has now been further delayed, presumably because of the Government's concern that it will not be able to persuade the Commons to overturn the amendment that would commit it to negotiating a permanent customs union, I'm pleased that the Assembly has been able to schedule this debate. Whilst I appreciate there's not been time for scrutiny of the Bill, I'm grateful to have an opportunity to explain more about the amendments that have been made since our last legislative consent debate.

So, since the introduction back in 2017, the Bill has undergone two rounds of scrutiny, and you, in this Chamber, have already had the opportunity to debate the provisions within the Bill that are within our competence. For this reason, I'm not here today to discuss the many provisions of the Bill that are within our competence, because those have already been consented to. The reason for the debate today and the reason that I laid a further supplementary legislative consent memorandum is that one of the proposed amendments to the Bill falls within this Assembly's competence.

Now, this amendment is not particularly substantial, nor do I expect it to be particularly contentious. However, it is within competence, and therefore this Assembly should consider it, and, I believe, grant its consent to it. One effect of the amendment in question is to disapply the previous requirement for Welsh Ministers to consult the UK Government before making regulations under the Trade Bill, if the same thing could be done by Welsh Ministers in regulations under an Assembly Act or a Measure without the need for consultation. This effectively widens devolved powers under the Bill, so, in principle, that means fewer fetters on devolved powers. This is the only House of Lords amendment that has been made in the Bill that is within the Assembly's competence. I believe it represents a sensible and appropriate change, which the Assembly should have no concerns about. Therefore, I am recommending that consent is granted to it.

More generally, while there is no guarantee that the more controversial amendment relating to a customs union will not be overturned by the Commons, and whilst this is not subject to the requirement for legislative consent, I would hope that Members would want to express its support for this goal, which is of course wholly in line with the consistent position on Brexit that the Assembly has taken. We expect the Bill to begin to ping-pong very shortly. My officials will continue to monitor any further changes made to the Bill, and I will, of course, keep you informed should further changes require this Assembly's consent.