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

Part of the debate – in the Senedd at 6:23 pm on 25 February 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 6:23, 25 February 2020

I thank David Rees for that range of important questions. On the exchange of correspondence with the UK Government, in their letters to me, they have referred to the circumstances as being unique, exceptional. So, that's language that has come from correspondence that they have sent to us, and I am sure he would join me in hoping that those circumstances are indeed unique, as they are described.

I can assure him that, in the context of the legislation being contemplated during the transition period, we are absolutely keeping abreast of the developments there. The point I was making about future developments related to longer term legislation, so that, as the processes of the European Parliament proceed, that will provide sufficient time for us to be able to identify if there are any future gaps in the powers that we would need to be able to reflect those laws in Welsh law and to take steps in the Senedd to legislate in accordance with those requirements. So, that's a slightly longer time frame.

He raised the question around the common frameworks, and absolutely it is our plan to respond to the committee within the time frame that we've set out to the committee, which is the end of March. As I alluded to briefly in the earlier response, there are regular meetings between officials across all Governments on the question of common frameworks, and so we will be in a position to provide an update within that time period. 

In relation to the sorts of issues that might not fall within the keeping pace ambit, if you like, things that we might, I guess, elect not to keep pace with—EU legislation, as he knows very well, covers a range of areas. Some of them are geographically specific, some of them are so intimately tied up to the machinery of membership of the European Union as not to be appropriate, some European law provides a range of means by which member states themselves are able to give those directions force of law and so forth. So, there's a range of scenarios in which keeping pace may not apply, if you like, which we will need to keep under review. 

I have some sympathy with him in relation to his last question. He asks somewhat plaintively how many SIs are we contemplating. I'm not in a position, unfortunately, to say to you today what that number is. Some of them will relate to implementation of legislation going through Parliament now, some of them will relate to correcting changes that arise from the change in the date on which EU law ceases to apply, so the end of this year. Some of it will relate to implementing obligations on a continuing basis throughout the transition period, and some of it will relate to implementing the outcomes of any agreements with the European Union and, indeed, with third countries. And just by describing the list, I know you will appreciate that it's today impossible to quantify with any precision what that amounts to. But there are certainly scenarios in which that could surpass the volume of SIs that we have to enact in order to contemplate a 'no deal' departure, and I know that he's aware of the Herculean task that that involved.