Part of the debate – in the Senedd at 6:18 pm on 25 February 2020.
Can I thank the Minister for his statement this afternoon? And I welcome what he has said. It is clearly important that we now address some of the issues of legislation on Brexit, because people still think Brexit is done, but we all know Brexit is not done. There are many things ahead of us, and we face some challenging times.
You indicated in your statement the question as to Sewel and the fact that the three legislatures said 'no' to the Bill, and I'll highlight my position: I voted against the Bill because it actually was a poor Bill. It didn't give what it should have given: the rights of committees in this institution to scrutinise the actions of the Government in these future EU-UK relationship negotiations. I felt that was something that should have been there, and it was taken out by the UK Government, and therefore I felt the Bill, actually, was not appropriate for this institution.
But you also highlighted that you actually sent a response to both the Secretary of State for DExEU—who is no longer the Secretary of State for DExEU, because that's gone—but also the Chancellor of the Duchy of Lancaster, so Stephen Barclay and Michael Gove. Have you had a response from either of those two to your letter? Because you indicated that you recognised it was, as they said, unique, specific, special. Have they agreed with you that it was unique, specific and special, and therefore would not be repeated again? So, it would be nice to know if you've had a response.
You talk about common frameworks. Are you analysing current EU directives and legislation, which may now impact upon those frameworks? And, therefore, when you have the negotiations, you're going to make sure that the common frameworks are able to reflect everything properly, particularly in the sense of the inter-governmental review we're still awaiting; we don't know what that means, or what impact that will have on the common frameworks. Also, in response to the External Affairs and Additional Legislation Committee's report on common frameworks, you indicated that you would not be in a position to discuss policy issues, because there were still discussions ongoing, and you were awaiting, perhaps—30 March was one of the dates given. Where are we in relation to that, and can we expect a response by 30 March, or are we delayed a little bit further down the line, because, as you highlighted, we are approaching 31 December the more we go on, and on 31 December, this current UK Government has said, the transition ends with or without a deal? And that's a deep concern. You might have been preparing for a 'no deal' scenario prior. You may still need to prepare for a 'no deal' scenario on 31 December as well.
What discussions have you had with the European Parliament on EU legislation that actually will come before it, because you've mentioned in your statement that you expect the legislation process in the European Parliament to be long? I would assume, therefore, they know what's coming in the next 12 months. So, have you had discussions with the European Parliament to say what's going to come before them in the next 12 months? Are there things we should be aware of, and which we may wish to take consideration of in this Chamber, because it is important that we reflect upon that?
And why not bring forward legislation that will require future Welsh Governments to actually bring before the Assembly, or the Senedd, as it will be then, the reasoning as to why they may not want to bring forward any EU legislation in Wales? Because you say where there will be or will not be, but when will we know about it? When will you tell us, as Members of the Senedd, and actually say, 'Well, we don't think this EU legislation is appropriate for Wales'? And will you put that in place to ensure that future Governments will also do the same, so that no-one can basically ignore what's going on in Europe and leave us without an opportunity to discuss it and reflect upon whether it is appropriate for Wales or not?
In relation to the SIs, how many do we still have to go? It's difficult for you—[Inaudible.] It would be nice to know how many we've still got to go because, as has been pointed out by Darren Millar, we have quite a full programme of legislation coming up between now and the end of this Assembly. So, how many are left to go, and how many do you anticipate as a consequence of the transition period, because it is likely that we may have a thin agreement, which is not the full agreement the UK expects? We now know the EU's negotiating position; they've confirmed that today, and they've confirmed the strengthening of their position in relation to a level playing field. So, we also know the UK position is about to be confirmed on Thursday. So, it is important we understand what SIs will be in place, what SIs may be in place as a consequence of a thin agreement, what SIs may be needed as a consequence of no agreement, and therefore that we know the type of timescales we put in this institution.
We do need to know about the 'no deal' scenario because I'm still fearful that it's a possibility, and what the World Trade Organization regards on that—. And, yesterday, the committee heard evidence that that could be catastrophic for us if we get to that stage. And a thin deal won't be great for us, but we need to be ready and prepared for these. The immigration Bill, or the immigration points system has just been announced. We'll have the Agriculture Bill going through; fisheries is coming through. We know fisheries is going to be a big issue in this negotiation—the French have already made that quite clear. So, where are we getting ready in our legislation process, between now and the end of this Assembly, to ensure that Wales is ready to face the next type of relationship that the UK has with the EU?