11. What discussions has the Counsel General held with the UK Government on emerging proposals for an alternative to the backstop arrangements relating to the UK's exit from the EU? OAQ54440

Despite a meeting of the JMC(EN) on 12 September and a meeting with James Duddridge MP on 23 September, we've not received any details of the proposals, including the non-papers that have been discussed with the EU. I continue to call for these to be shared with Welsh Ministers, but I plan to have a conversation later today with the Secretary of State for Exiting the European Union, I hope, on this topic. 

I thank the Minister for that response. Indeed, James Duddridge appeared in front of the External Affairs and Additional Legislation Committee only last week, and he was very courteous and tried to give as much information as he could, but it was clear from his responses that the level of engagement on these critical issues with the Welsh Government—. It was simply not a matter that he deemed important enough to actually pick up the phone, come to a meeting or discuss this with the Welsh Government, and yet, at that time, one of the options that was being mooted, that was being rumoured, was indeed the reintroduction of some sort of customs barrier, some sort of line down the middle of the North sea that would affect not only Liverpool, but places like Milford Haven, and so on. Now we hear that what's on the table is the idea of possible customs posts that are not right on the border but within a few kilometres of the border in Northern Ireland, which goes to the heart, I have to say, of the Belfast agreement and the peace process. So, does it disturb him and the Welsh Government that the UK Government does not take it upon itself to discuss these matters in detail with its devolved partners within the United Kingdom, because the implications are not only for the UK Government; the implications, whether it's on the peace dividend that we currently enjoy, or whether it's on trade and tariff borders and where those impact particularly on ports, will impact all of the devolved nations and regions, not just England? 

The Member makes a very, very important point in his supplementary question. The JMC(EN) exists to provide the UK Government and the devolved Governments an opportunity to come together to seek to agree some aspects of the oversight of these negotiations. It seems to us, fundamental to that, that that should involve, at the very least, a process of sharing sufficient information for that process to be meaningful rather than apparent. And I think the failure to agree to share those non-papers is very, very disappointing in the context of those terms of reference. I can assure the Member that that is a point I made in exactly those terms directly to James Duddridge at the meeting I had with him, and I've subsequently made that point to the Secretary of State himself as well.

In relation to the speculation, I think, that we've seen so far in relation to the possible proposal with regard to Northern Ireland, the Government's position is very clear: if we are going to leave, it is better for us to leave with a deal. So, we wish the UK Government success in seeking to negotiate a deal because that is better than a 'no deal' situation, but what I would say is that it feels to me very late in the day to be making an initial proposal of this sort. I would also say that it's not likely to be productive to do that in the context of setting an ultimatum on a matter that is so important. And so, we would have made those observations had we had an opportunity to engage, as the Joint Ministerial Committee structures suggest we should have.