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

Part of the debate – in the Senedd at 4:22 pm on 21 January 2020.

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Photo of Carwyn Jones Carwyn Jones Labour 4:22, 21 January 2020

What David Melding refers to is correct: in 1689, the Earl of Shaftesbury said that the English Parliament was sovereign; but the English Parliament doesn't exist anymore. The English Parliament disappeared in 1707, as did the Scottish Parliament. The Parliament of the United Kingdom: there is no law at all that says that that is sovereign. The reason why that's important is because in Scotland there's no concept at all of parliamentary sovereignty. The declaration of Arbroath in 1380, which we'll all be familiar with, of course, says that sovereignty in Scotland rests with the people. That's still the case today in Scots constitutional law; it's still the case, and the Scottish courts have expressed an opinion in that regard, particularly in cases in the 1950s to the 1970s.

What does that mean in practice? It means that, if this clause becomes law, Scotland will have imposed on it a form of sovereignty that, firstly, doesn't exist in Scotland and, secondly, cuts across the Treaty of Union in 1707. The Scottish courts have said that is something that they're willing to look at in terms of its justiciability.

It doesn't affect us in Wales, I grant you, because our courts system was abolished gradually between 1536 and 1830, but this actually is a fundamental attack on the 1707 Treaty of Union in Scotland. I'll leave it to the Scots to fight their own battle, but it's something that just hasn't been noticed. Parliamentary sovereignty has never been part of the law of the United Kingdom with regard to the Parliament of the United Kingdom, apart from now. And I've already explained the consequences of that.

Finally, the other point I want to make is this: I could not support this LCM—there are many other reasons that other Members have mentioned, and it's nothing to do with Brexit—because I do not support the idea of parliamentary sovereignty. It's an outdated concept and it's about time the UK had a more modern constitution. We can look at shared sovereignty. Why entrench a system that is ragged and is not fit for the purpose? That is a typical Westminster-bubble amendment that's been put into this legislation, ignoring the reality of the existence of other Parliaments within the UK. Sovereignty rests with the people of Wales. They expressed that sovereignty through a referendum in 1997 and in 2011, and they expressed that view in 2016 when they said, 'We want to leave the EU.' I don't dispute that. But that sovereignty rests with the people of Wales as expressed through those referendums.

And what will we have if this clause passes? A system with no checks and balances. Five years where a Government can do absolutely anything it wants without any kind of restriction. This is a fundamental change to the way the UK has been governed. It's undemocratic. It's not in any party's manifesto. It takes us backwards. It entrenches in law something that's never been there before. It is a fundamental misunderstanding and possibly an attack on the nature of devolution within the UK. And for that reason, along with many others, I could not support this LCM.