Part of the debate – in the Senedd at 6:10 pm on 25 June 2019.
Diolch yn fawr, Dirpwy Lywydd. The amendments in this group are all related to EU withdrawal, but they are not as contentious as the subject matter might suggest. In fact, they are all highly technical.
Amendments 5 and 6 are intended to ensure that Part 2 of the Bill fully reflects legal changes that the UK Parliament has already made in connection with EU exit. And amendments 7, 10, 11 and 12 are intended to cater, simply in the interests of good order, for the possibility that Part 2 of the Bill may now come into force before withdrawal, given the ongoing uncertainty around our departure.
Under the European Union (Withdrawal) Act 2018, directly applicable EU legislation such as regulations and decisions will be retained in UK domestic law on exit day. Other domestic legislation may amend that retained European law as it applies from exit day, and in recent months Members have seen many sets of regulations that will do just that. The result is that, from exit day, there will be two versions of direct European legislation: the version that is incorporated into domestic law in the UK, and the European version that continues to apply in the EU member states.
Amendment 5 inserts a new section into the Bill that clarifies that, after EU exit, any reference to a piece of directly applicable EU legislation will be a reference to the version that is retained in domestic law, not the version that applies in the EU. That is what we would expect in any event, but the new section is intended to avoid arguments, just like many of the existing sections in Part 2 of the Bill. It also reflects similar changes that have been made to the interpretation Acts that apply to other parts of the UK.
Amendment 6 is related to amendment 5 and inserts a provision to make clear the relationship between the new section and existing sections 22 to 24 of the Bill, which deal with references to domestic legislation.
The other amendments in this group deal with the fact that the meaning of certain other references to EU legislation will change on exit day, as a result of the EU (Withdrawal) Act and regulations made under it.
When this Bill was introduced, it was drafted on the assumption that the UK would have left the European Union before the Bill became an Act, because, at that time, exit day was due to fall on 29 March. Of course, exit day has since been postponed more than once, and it is due to fall after the time when we expect the Bill to get Royal Assent. And if there was to be any further delay, exit day might not take place until after Part 2 had come fully into force. We don't think that possibility can be ruled out, so we think that Part 2 should cater at least for the position before exit day as well as after it.
Amendment 7 inserts a new subsection into section 25 of the Bill, which is about references to EU instruments. If section 25 comes into force before exit day, its effect will be altered by regulations that have been made under the EU (Withdrawal) Act, so the amendment inserts a signpost to draw readers’ attention to the relevant provisions of those regulations.
Amendments 10, 11 and 12 amend definitions in Schedule 1 to the Bill relating to European legislation. The amendments will make it clear that the definitions will change on exit day. The changes that take effect on exit day will mirror changes that have also been made to the interpretation Acts that apply in the rest of the UK.
These amendments are not intended to achieve a different outcome from what is currently set out in the Bill, but they are intended to ensure that the Bill reflects the full range of possible scenarios regarding the timing of EU exit. They do make some of the Bill’s provisions slightly more complicated, but that, sadly, reflects the legal changes that will come about as a result of EU exit. We think that making these amendments is the safest way to proceed, so I urge Members to support the amendments.
And, as I am on my feet, I would like, if I may, with your agreement, Dirprwy Lywydd, to thank Members for their work here today and the careful and detailed consideration of the amendments tabled and the work of both the committees on this Bill.