Part of the debate – in the Senedd at 3:15 pm on 21 January 2020.
The legislation takes us backwards and not forwards. It's not inevitable; it is the result of political choices by the UK Government and there is better legislation available. That is why we have worked so hard, Llywydd, with colleagues at Westminster over the last recent days to move amendments that would have put right some of the things that this legislation gets so badly wrong.
Can I, while I am on this matter, pay tribute to the enormous efforts that have been made by Welsh peers in the House of Lords? Peers of different parties and cross-bench peers as well, many of them former Members of this Senedd, but others too. It's invidious to mention anybody by name, Llywydd, but I do just want to mention Lord John Morris. The last time I had a conversation with Lord Morris, at the end of last year, he told the story of how, as a young man in his 20s, he was chosen to be the warm-up act introducing the main speaker, Clem Attlee, at the Carmarthen by-election of 1957. Here we are, more than 60 years later. Having served as Secretary of State for Wales under Harold Wilson and James Callaghan, and Attorney-General in Tony Blair's Cabinet, there he was yesterday—90 years old he'll be next year—battling hard to get this Bill amended so that it could defend essential Welsh interests. If Lord John Morris can battle to defend Welsh interests, then surely we here in this Chamber should be able to do the same.
Let me for a moment, Llywydd, also enumerate the specific shortcomings of this Bill from a devolution perspective. First of all, the wholly offensive clause 21, where the UK Government is taking to itself so-called Henry VIII powers to repeal or amend any part of any Act of Parliament, including the Government of Wales Act 2006. There are Members of the Conservative benches here who have very honourably and over many years policed the boundary between powers given to Welsh Ministers and powers that ought to be exercised here on the floor of the Senedd. I haven't always agreed with some of the conclusions that they have drawn, but I have always admired the effort that they have made to keep that relationship honest. Today, they will be voting to support a Bill in which UK Ministers can amend the Government of Wales Act through secondary legislation and with no consent from this Senedd at all. How could we possibly consent to that?
We wish the Northern Ireland protocol every success, but support for devolution and peace in Northern Ireland does not require the unilateral rewriting by UK Ministers of the devolution settlement. That is what Lord Thomas of Cwmgiedd, the former Lord Chief Justice, battled so hard to persuade UK Ministers of on the floor of the House of Lords, but, despite every argument that he deployed, we've had no return on it at all.
The withdrawal agreement Bill provides no assurance that devolved institutions will be given a meaningful role in future-partnership negotiations, for which it paves the way—negotiations that would have a major impact on matters within devolved competence. We should have a guarantee through the legislation that the voice of this Senedd will be heard in those negotiations, but, despite the amendments that we placed to the Bill, all those attempts were turned down. As the Counsel General has said, it cannot be right to oblige us to comply with international obligations that impact on devolved competence if we have had no part in agreeing to them.
Finally, and most gratuitously, Llywydd, Government Ministers have so far rejected an attempt to add any recognition of the Sewel convention to a clause that asserts the untrammelled sovereignty of Parliament—a clause that my predecessor has memorably described as either a piece of constitutional graffiti, because it means absolutely nothing, or a clause that has a genuine attempt to trespass into the devolution settlement in a genuinely profound way.
Llywydd, I'm not under any illusion that a refusal of legislative consent from this Senedd will stop the Bill from being enacted, but I hope that, even now, the UK Government will pause for reflection about their approach to devolution and consider the damage they risk to the fabric of the United Kingdom. I note the suggestion in the letter from the Secretary of State for Exiting the European Union that the circumstances around this Bill are singular, specific and exceptional. The way for them to demonstrate that they really believe what they say is to follow the advice that we have provided about how Sewel could be codified to make sure that the singularity of this decision is genuinely upheld in the future.
The Bill sets the United Kingdom on a new path, one fraught with dangers, including dangers that are unnecessary and could have been avoided. They have not been avoided in the way that the Bill has progressed through the Houses of Parliament; rather, in this Bill, they have been increased and increased to the detriment of devolution and to the detriment of Wales. Our job is to stand up for our interests, as the Scottish Parliament will stand up for the interests of Scotland, and as I believe the Northern Ireland Assembly will do on behalf of their population too. That's what we have an opportunity to do this afternoon, and that's why I ask this Senedd to vote against the motion and to refuse our consent to this damaging Bill.