2. Questions to the Counsel General and Brexit Minister (in respect of his Brexit Minister responsibilities) – in the Senedd at 2:38 pm on 12 June 2019.
Questions now from party spokespeople. Conservative spokesperson, Darren Millar.
Thank you, Presiding Officer. Will the Minister make a statement on the Welsh Government's strategy for its discussions with the European Commission today?
At the moment, we are anticipating the change of Commission personnel in future. The First Minister is today in Brussels planning to meet with a number of our partners there, including Michel Barnier.
Thank you for that answer. I have to say I do find it astonishing that Welsh Labour Ministers seem to be more interested in chauffeur-driven cars than they do in the real issue of the day. I am sure that the Welsh Government would not want to allow its resources to be used to support activities that undermine its policy objectives either, and I think Ministers frankly should grow up and listen up to the people of Wales who voted to leave the EU in 2016. You didn't refer in your answer then to the negotiating strategy that the First Minister may or may not be employing in Brussels today. But will you tell us whether he will be reiterating the will of the people of Wales, who voted to leave the EU in 2016, and if not, why not?
I think that's a curious question from the Member. I had finished my answer to the previous question by saying that the First Minister was using public transport in Brussels today, which seems to me to indicate a complete lack of interest in the use of Government cars. So, I think he should reflect on the fact that the First Minister is in Brussels dealing with matters of substance rather than matters of presentation and headlines as his question suggests. The First Minister will be describing what is in the best interests of Wales and the position of the Welsh Government on behalf of the people of Wales in his discussions in Europe, as he does at every other opportunity.
Isn't the reality, Minister, that you're still playing politics with Brexit? There was a clear manifesto commitment from the Labour Party in 2017 to deliver Brexit and it's quite clear now to the people of Wales that Labour cannot be trusted to deliver on that particular manifesto commitment. Now, you've already done a u-turn in terms of your position on a second referendum, and you've said that there needs to be an option to remain on a ballot paper in a future referendum. But the reality is, of course, that the one thing that the people of Wales didn't vote for is any kind or version of 'remain'. You keep going on about kinds or versions of 'leave', but one thing that the people of Wales did not endorse—and absolutely did not endorse—was any kind of remaining in the European Union. How can you justify ignoring the outcome of the 2016 referendum, which rejected 'remain' on the ballot paper, and what guarantees can you give to the people of Wales that if there is a second referendum—and I very much hope that there will not be—that you won't ignore that one either?
There are very few things, If I may say, that I admire about the Conservative Party, but his ability to chastise me for playing politics with a straight face, having asked the two questions he's just asked, is really quite admirable in its own way.
On the question of a referendum, I do not recall at any point hearing anybody advocate for a 'no deal' Brexit in 2016. Quite the opposite—everybody was telling us how straightforward it would be, how people would be falling over to reach terms with us. The Prime Minister, Theresa May, has completely failed to live up to those promises made.
We are now facing a situation where there is absolutely no mandate for a 'no deal' Brexit, which seems to be where the Conservative Party is careering us towards with the stampede of support like panicked bisons from the Conservative benches in Parliament towards Boris Johnson, who could joyfully be taking us towards a 'no deal' Brexit. In that situation, there is only one way that we can prevent the damage that that would cause to Wales and that is by putting the question back to the people, which is fundamentally a democratic principle.
Plaid Cymru spokesperson, Delyth Jewell.
Diolch, Llywydd. Minister, Donald Trump has said that he'd want the NHS to be on the table in any future UK-US trade deal negotiations. He later rowed back on this, but the fact that his ambassador to the UK, Woody Johnson, has also said the same thing indicates clearly what US priorities will be if and when trade negotiations begin.
The Welsh Government's international relations Minister has said that there is no prospect whatsoever of the Welsh NHS being sold off in this way and the health Minister said that the Welsh NHS would not be up for sale. And you've spoken today already in answer to Mick Antoniw about workforce planning and the need to work with the NHS.
While I applaud your passion in favour of keeping NHS services publicly run and free at the point of need, can you explain to me exactly—and I would press you on this—what steps Welsh Government could take to prevent the Welsh NHS from being sold off if the Westminster Government were to trade it away during negotiations with the US?
We have mechanisms in place to ensure that decisions on devolved areas remain our responsibility through the inter-governmental agreement. In relation to discussions relating to the trade negotiations, there are official-level discussions under way in order to give Wales a level of protection in advance of those discussions.
Thank you for your answer, Minister. You speak about mechanisms and discussions without much detail there, but I think that's probably because the fact of the matter is there will be very little Welsh Government could do to protect the NHS if the Westminster Government decided to sell it off.
Plaid Cymru would obviously support you if, as the international relations Minister said on Monday, you would wish to take the Westminster Government to court on this. But the fact of the matter is that international trade is a reserved matter and powers over public procurement that could have been used to protect some aspects of our health services were given away as part of the inter-governmental agreement that you've referred to.
I'm sure you've been following the Conservative leadership contest with the same mix of horror and disbelief as I have. We've had candidates admitting to crimes that usually lead to jail sentences, candidates wanting to roll back human rights, and, most frightening of all, the candidate considered to be the favourite in the race, Boris Johnson, indicating clearly his intention to plough ahead on a disastrous path towards a 'no deal' Brexit.
Minister, were the next UK Prime Minister to decide to leave the EU without a deal and were they able to find a way to bypass Parliament, through prorogation perhaps, what steps could Welsh Government take to fully mitigate the disastrous consequences for Wales? These may be hypotheticals, but they are worryingly conceivable.
The Member persists in this view that powers were given away in the inter-governmental agreement. I'll invite her, when she asks me her next question, to specify one of those powers, because I've heard none specified in this Chamber, despite the persistence with that line of argument. In fact, each successive report that comes out from the UK Government indicates that it does not intend to use the section 12 powers, which would freeze the competence of this Assembly. I'd invite her perhaps to specify any of the powers she thinks have been given away as a consequence of that inter-governmental agreement.
She is right, of course, that international relations are a matter reserved to the UK Parliament, but she will also know that recently the Supreme Court, in the case in relation to the Scottish continuity Bill, was absolutely clear that domestic implementation of those agreements is a matter that is devolved and it's devolved to this place. I give the assurance that we will not implement a mechanism that enables the NHS to be put up for sale. But she's right to say that that indicates the state of mind and the intentions of certainly the American President. The failure of Theresa May as Prime Minister to challenge that, I thought, was extraordinary, in the press conference that David Rees referred to earlier.
She invites me to tell her that I feel it's possible to fully mitigate the consequences on Wales of a 'no deal' Brexit. I will be crystal clear with her—I do not believe it is possible to fully mitigate, with any level of preparation, either in the short term or the long term, the disastrous consequences for Wales of a 'no deal' Brexit.
Thank you, Minister, and thank you for turning the scrutiny back on me there, but, as we have made clear in debates in the past in this Chamber, public procurement powers were given away as part of the inter-governmental agreement, and I'd welcome further discussion with you on that.
But, coming back to the question, now we know, and as you've just recognised, there's very little that we could do to mitigate the disastrous impact of a 'no deal' Brexit, to mitigate that on Wales, and we would be powerless, essentially, to defend ourselves. The disrespect shown to Wales by Westminster over the past few years is actually beyond belief. They've taken powers from us, they've refused to let Welsh Ministers see draft plans for replacement schemes for European funding. You told us yesterday, Minister, that they refused to listen to your concerns over plans for immigration, and also that we've had very little input—well, no input at all—into plans for the shared prosperity fund.
The probable future Prime Minister intends to wipe over £400 million from the Welsh budget by giving a tax cut to the very richest in society. And today, as we've already heard, they've refused to allow the First Minister of Wales access to a ministerial car for his visit to Brussels because he refused to agree to sell Welsh interests down the river—an absolutely outrageous break of protocol, unprecedented, as you said, and a disgraceful act of disrespect towards our country.
Minister, this can't go on. We've got to stand up for ourselves and the interests of the people we're duty bound to represent. Will you therefore agree to consider establishing a Welsh constitutional convention to carefully consider the constitutional options available for Wales, including independence? A constitutional convention is something the former First Minister Carwyn Jones called for at a UK level, but it didn't happen, despite tireless efforts over many years on his part. So, we must now do it for ourselves.
We need to know what options are available to us in Wales as the UK constitutional crisis deepens and we need leverage to protect ourselves against a hostile Westminster Government. Our NHS is in danger, our economy stands on the brink of a 'no deal' catastrophe. We must defend our citizens. Will you therefore consider adopting this course of action?
We take every opportunity to stand up for the interests of the people of Wales in any engagement we have with any part of the UK, including most directly the UK Government. We will all, as Ministers, continue to do that. We take every possible opportunity to describe and to fight for the interests of the people of Wales. On the last supplementary, in relation to the question of preparations, I should say that the fact that I don't believe it is possible to fully mitigate the consequences of a 'no deal' Brexit does not mean that, as a responsible Government, we should not and do not take measured and proportionate preparations in order to anticipate the worst impact, and seek to do what we can to deal with them. We are, as I know that she's aware, taking a significant suite of steps across all portfolios in order to do that. Indeed, in the last few weeks, we've taken stock of what further steps we might be able to take with the prospect of a deferred exit date into the autumn. It remains important for us to do that, not withstanding our view that the damage ultimately can't be fully mitigated, to say the least.
She makes the point about independence. Of course, we know that our colleagues in the Scottish Government advocate for that position there. The difference there is they stood on a manifesto arguing the case for independence and won, and therefore have claimed the entitlement to bring forward that legislation. That isn't the case here in Wales.