3. Legislative Consent Motion on the European Union (Withdrawal Agreement) Bill

Part of the debate – in the Senedd at 4:18 pm on 21 January 2020.

Alert me about debates like this

Photo of Carwyn Jones Carwyn Jones Labour 4:18, 21 January 2020

I don't intend to spend much time talking about the issues that other Members have talked about; I've waxed lyrical or gratingly on them, according to your point of view, over the past year and a half. But two points I did want to make, and that is that the people of Wales did not vote for the Conservatives and they did not vote for a Conservative Government. Let's be clear about that. I grant the Conservatives the fact that it was a very good result historically from their perspective, but let's not pretend that the Conservatives represent Wales.

Secondly, it's been suggested by my colleague Alun Davies that there are some in this Chamber—[Interruption.] Well, the mathematics are all for there to see. There are some in this Chamber who take the view that we have no right to express a view on this LCM. Indeed, the Member opposite, whose name I forget, said that in fact not only did we not have a right to oppose this LCM but that we should be abolished for opposing this LCM. Well, this is my country, this is my Parliament, I see my Government in front of me, and I want my country to continue to exist, thanks very much. 

I'm going to focus purely on clause 38. I was surprised that David Melding couldn't deal with it and, by his standards, I'm sure he will respond in due course. But it simply says this, clause 38(1): 

'It is recognised that the Parliament of the United Kingdom is sovereign.'

Some might say, 'What's the problem with that?' Well, what's the point of it? What's the point of something that—if the Parliament of the UK is already sovereign, why put it in law? Because it's not in law anywhere else. It's just graffiti. Or is it the case that the UK Government have realised that the Parliament of the UK is not in fact sovereign? There is nothing in law that says the Parliament of the UK is sovereign at all. Nothing. It's a convention. And the courts have respected that convention. But the courts have said in opinions that where, in the future, they felt that an Act of Parliament was oppressive, where it was Draconian, where it was clearly ridiculous, then they would reserve the right to themselves to intervene if they saw fit, but they saw that only in extremis. What this clause does is remove the right of the courts to look at any primary legislation drafted by the UK Government. That is a dangerous course of action.

It was Lord Hailsham, a Conservative peer, who said in the late 1970s that the British constitution was effectively an elective dictatorship, and so it is. And by including this clause, it makes it even worse. It says, 'The UK Parliament can do whatever it wants, whenever it wants, with no interference at all during its time in office.' That cannot be democratic and it cannot be right as far as the constitution is concerned.

And there is nothing in law that says the UK Parliament is sovereign. Nothing. So, this is why I suspect this has appeared, to make up for the fact that a convention, whilst it's been respected over the years, is not actually law. But when you make it law, you make it far more difficult, for example, for the courts to take a view on laws.