8. Statement by the Counsel General and Brexit Minister: Legislation related to leaving the EU

Part of the debate – in the Senedd at 6:08 pm on 25 February 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 6:08, 25 February 2020

(Translated)

Thank you to Dai Lloyd for those questions. While I agree with him that we need to show respect to the devolved Governments, and that respect needs to be shown by the UK Government, we as a Government have always taken every opportunity to make the case for Wales—to stand up for Wales's interest—and to be, to the best of our abilities, constructive in our approach. And that's what our approach will be in the future, and we expect the UK Government to respond in kind.

He mentioned the question of the Sewel convention—namely, what certainty we have that this a unique situation. Well, the first thing I would say is that I hope that he would agree with me that this is, indeed, a unique situation. I know that he's read the document, 'Reforming our Union', which describes in detail the steps that we believe need to be taken to reform the convention and the settlement. We don't believe that the current situation is adequate; we feel that it needs to be reformed. We've explained that we need to codify and describe in detail how discretion can be used to move ahead without the consent of the devolved Governments. We've also spoken about the need for the UK Government to consider that in taking that step. So, we are far from being in a situation of believing that the current situation is ideal, but, having said that, it’s also certainly important to underline the fact that the circumstances have been unique circumstances.

He also mentioned expanding our powers and ensuring that the devolved settlement continues to be respected. Well, that's exactly what we succeeded in doing as a Government through the inter-governmental agreement at the time of the EU withdrawal Bill. Following that agreement, we ensured that the powers that are wielded by the Welsh Government and this Senedd are expanded, and that’s an example of what can happen when we, as a Government, put forward proposals and make our case on the basis of evidence and so on.

Finally, he asked about scrutiny of the Government’s work. There’s been constant discussion with committees about how best to do that. And from the very beginning the Government ensured that we complied with the measures agreed in terms of scrutiny, namely written statements explaining the steps that we have taken and also this question of SICMs. Of course, it's open to any Member to raise a question with regard to a SICM on the floor of the Senedd, and that’s happened successfully when Suzy Davies brought that same issue before us. So, it’s a matter for any Member, as it should be, to do that. I'm sure from discussions that I've had with the committees that Members are content that they have the capacity and the information and the access to appropriate documents to be able to do that, and we saw that succeeding in the example that I mentioned just now.