Diolch, Llywydd. The publication of the External Affairs and Additional Legislation Committee's report on the EU withdrawal agreement Bill focuses on an analysis of the clauses in the Bill that we consider require the Assembly's consent. In the short time available, we have been unable to consider some of the broader concerns that the Welsh Government has put in its memorandum, particularly as some of these concerns relate to issues that were not included in the Bill on its introduction.

Broadly, many of the concerns we raised regarding the delegation of powers to UK and Welsh Ministers in the European Union (Withdrawal) Act 2018 remain in relation to this particular Bill. However, in light of practical and political reasons we have decided against restating them in our report. We have instead focused on the provisions that require legislative consent, with a view to ensuring the Assembly's role in the scrutiny of EU law during the implementation period is not diminished, and that's highlighted the point: to ensure the Assembly's role in the scrutiny of EU law. So, it is about this institution that we've focused our report on, to ensure that's not adversely affected.  

We agree with the Welsh Government's assessment of the provisions in the Bill that require legislative consent, with one addition—clause 42—and hope that this report helps inform the Assembly's debate on the legislative consent motion this afternoon.

As a committee, we have been considering the question of the Assembly's role in considering EU legislation during the transition or implementation period, and we've been doing that since 2018. We have written to the UK Government and UK parliamentary colleagues on several occasions since then. We take the view that the Assembly's role in the scrutiny of EU legislation should not be diminished during the implementation period, though we acknowledge that the role might need to adjust to the terms of the withdrawal agreement.

Whilst we welcome the role provided to Westminster committees under clause 29, we believe it needs to be strengthened through the inclusion of a role for the relevant committees of the devolved legislatures when EU legislation is being reviewed, particularly when it relates to devolved areas of competence. On 8 January 2020, we wrote to the Secretary of State for Exiting the European Union to make the case for two amendments to clause 29 of the Bill to include a role for those devolved legislatures. We've published this letter as an annex to our report on the legislative consent. 

Llywydd, I'm sure Members will be aware that Joan McAlpine MSP, who is Convener of the Culture, Tourism, Europe and External Affairs Committee in the Scottish Parliament, has also written to the Secretary of State in support of our proposed amendments. The case we made for these amendments is simple. Currently, the Assembly has a role in considering the compliance of draft EU law with the principle of subsidiarity. This stems from article 6 of protocol 2 to the treaty on the functioning of the European Union. This provision will no longer apply once the UK leaves the EU next week.

Clause 29 of the Bill provides for a parliamentary mechanism for reviewing EU legislation during the implementation period. In our report, we note that this does not operate on the question of compliance with the principle of subsidiarity. Instead, it's based on a question of whether a piece of EU legislation raises a matter of vital national interest to the United Kingdom. The Assembly's experience on reviewing draft EU law in the past has shown that, on occasion, there have been specific issues of interest to Wales that have arisen that were not identified at a specific UK level. For example, the possible impact on Welsh fisheries or a ban on drift-net fishing and changes to organic regulations for Welsh agriculture.

These issues, by extension, can be considered issues of UK national interest. We contended that the Assembly, in conducting a review of EU legislation with a focus on the areas of policy devolved to it, would add value to the overall UK-wide scrutiny process. Therefore, to ensure the Assembly's role in reviewing EU law during transition is not diminished, we wish to see an analogous role for the Assembly to be acknowledged in UK law, just as such a role is currently acknowledged in the legal text of the treaties. So, we are actually seeing a diminution of our role here.

Despite making this case to the Secretary of State, it appears unlikely that any amendment to clause 29 will be made. If clause 29 remains unamended, we will seek to work with committees in both Houses of Parliament to ensure that we can play a role in the consideration of EU legislation during the transition period, despite the absence of recognition for that role in the Bill. 

Llywydd, the committee put this report together with a view on some of the issues, and we did not make any recommendations, because we felt it was important to inform Members of the points that needed to be considered in this debate. As such, I want to perhaps include a personal view rather than a committee view on some of these points.

Llywydd, I do agree with the First Minister, and I think it's important to highlight this, this debate must not—must not—be about whether Brexit occurs or not. That's irrelevant. It is about a Bill that sets a law that sets out how we can undertake our duties in this Chamber and whether that law is good enough.

The Welsh Government has highlighted the weaknesses in this Bill and how it has quite substantially changed since the general election. Our job is to look at the interests of the people who elect us and seek to make decisions and take actions that improve their quality of life. The omissions in this Bill—which could have been included, but because of the choice of the UK Government were not—actually result in reduction of scrutiny of Government actions. It's important, therefore, that we ensure that we get those changes made. If they're not made, then we should not support a Bill that does not help us deliver on our role. A desire to get Brexit done in all haste should not be seen as a reason for us to abdicate our responsibilities and duties here in the Senedd.

I will be voting against this LCM today because I do not believe that this Bill delivers for us to do our job: ensuring that the interests of the people of Wales are met. If the UK Government had actually done something and accepted some of the amendments—. We've seen amendments put forward to the UK Government. We've put some forward to the UK Government. They're ignoring everything. They don't want that. They've scrapped an awful lot of issues they had in place. It is not a Bill that delivers. Therefore, I will oppose that to ensure that we are seen to be standing up for the people who elect us.