Part of the debate – in the Senedd at 5:11 pm on 22 October 2019.
Well, Llywydd, on the first point, the Member is simply mistaken. He doesn't understand what the free trade agreement would do and why it certainly doesn't do what he claimed. His Government, having set off originally, having promised the DUP that they would have a veto on this agreement, then sold the DUP down the river. In future, the Northern Ireland Assembly will just require a simple majority, and that simple majority will always be there to extend the arrangement that this agreement sets out. That's why I say it's permanent, and that's why I say that your Prime Minister, who went to Belfast and said, as I quoted earlier this afternoon, 'Never', he said, 'never in any circumstances, wherever the suggestion might come from, will I ever agree to a border in the Irish sea', and that, a few short weeks later, is exactly what he has done.
Now, if British standards diverge away from those of the EU, then Welsh businesses will not be able to export goods that meet UK standards to Northern Ireland. More generally, goods from third countries that will be able to be put on the market in Wales, England and Scotland as a result of any new trade deals, those goods will not be able to be imported into Northern Ireland if they do not also meet EU standards. Such goods will also incur any applicable EU tariffs, and these can only be reclaimed if it can be proved that they will not be sold on to the Republic, including as components or ingredients of other products. And yesterday, as we discovered, even goods from Northern Ireland will have to have export certificates to travel into Great Britain, even if that news came as a surprise to the Secretary of State in the Department for Exiting the European Union, who is meant to be in charge of all of this.
Let's be in no doubt, Llywydd, that this is a huge breach in the economic integrity of the United Kingdom, and a huge breach of trust by the Prime Minister. For all these reasons, we believe that the National Assembly cannot and should not support this deal, and that we should signal now in unequivocal terms that, in the absence of fundamental change, we will not give legislative consent to legislation to implement this bad deal. Now, legislative consent may not be a term used widely beyond this Chamber, but what it means is important. It means that the UK Parliament should only make changes to our powers and responsibilities if we have agreed to those changes being made. It is a fundamental building block of the system that enables this Government and this Senedd to take decisions that meet the needs of Wales. And this legislation, the withdrawal agreement Bill, a 100-page, hugely complex piece of legislation, which Parliament had not seen until yesterday, will certainly need an LCM here in the Senedd. Indeed, we have received a letter from the Department for Exiting the European Union asking for our consent.
Now, why should that be? Well, the Bill will, for example, restrict us for at least a year from passing any legislation incompatible with EU law. It will set up an independent monitoring authority to protect EU citizens' rights, which will affect the legislative powers of this Assembly. And it provides sweeping powers to UK Ministers to implement the Northern Ireland protocol that could even allow them unilaterally to change the Government of Wales Act itself.
Llywydd, this is the most important and far-reaching piece of legislation to come before Parliament for decades, and the most important ever that has required our legislative consent, yet the Government wants to ram it through all its stages at Westminster in less than 10 days. And it wants this Senedd and the Scottish Parliament to provide legislative consent even more quickly. It is quite unconscionable. As legislatures, we have to have time to do our fundamental job of scrutiny and to do it conscientiously and properly. To this end, I have written, along with the Scottish First Minister, to both the Prime Minister and the President of the European Council, making clear that it is essential for there to be an extension of the article 50 period to enable us to fulfil our constitutional duty.
Of course, the Prime Minister has tried to railroad Parliament by threatening the catastrophe of a 'no deal' Brexit, and he's been at it again in the House of Commons today—'It's my way or no way'—and that's no way to act in a democracy. The tactics of a 'bully boy', to quote Dominic Grieve, the Conservative Attorney General during this decade.
Now, I sincerely hope that Parliament will refuse to agree a timetable whose sole purpose is to spare the blushes of a Prime Minister who insisted that he would deliver Brexit by 31 October 'do or die', with the arrogance with which we have had to become accustomed. That is one reason why, while we will produce a legislative consent memorandum later today, we too need proper time for the Senedd to do its work. It is only if this opportunity is denied to us that I will ask you, Llywydd, to consider allowing the Senedd to have such a motion in front of it in the next nine days.
In the meantime, the message of this National Assembly to the Prime Minister must be clear: this Senedd must be given the time needed to discharge the responsibilities that the law requires us to discharge. We need an extension of article 50 and, as required by the law, the Prime Minister must seek to achieve this in good faith. Then we need to put the issue back to the people in a referendum with 'remain' on the ballot paper. If you believe this deal is really in the interests of this country, then you will not be afraid to allow that to happen.
In the meantime, this deal is a bad deal for Wales and a bad deal for the United Kingdom. We will not support it as it stands and, on this side, we know Wales is better off remaining in the European Union.