Part of the debate – in the Senedd at 5:38 pm on 29 September 2020.
I do think that this Bill does highlight everything that is wrong about the process of legislative consent and the constitutional settlement, as it stands. We are considering the LCM, as we've heard, on Bill that is still being amended. We've had four Government LCMs, including the third last Friday and the latest yesterday morning. Amendments have been accepted, and Members will support them, and these issues are sure to be withdrawn when it goes back to the Commons. And then those Members, as we've heard, will want to change their minds.
So, although there is so much wrong with this Bill, one does feel that our hands are tied, because, of course, without consenting to this Bill, then Welsh Ministers wouldn't have the powers to directly support Welsh farmers through basic payments. So, what kind of choice does that give us? We have the option of either giving consent to legislation, which, in part, in my view, is damaging to the sector but at least protects our ability to provide grants, or to reject consent in the hope that we can defend the sector from some of the threats that I see in the Bill, but, through doing that, lose the ability to support the sector through payments. So, it's not much of a choice at all. And the greatest irony here—and nobody has said this so far—the truth is, whatever we decide, the UK Government, which is also operating, in this context, as the English Government, will do what they choose in any case. That's the truth of the matter.
But in terms of some of the specifics, of course I welcome the sunset clause that we've heard mention of; it's something that we called for in order to ensure that there will be a Welsh agriculture Bill and that Ministers don't continue to use the additional powers forever and a day. I'm also pleased that arrangements are being put in place in order to ensure fairer sharing out of the red meat levy, and I'm pleased that the confusion over the possibility that AHDB would undertake matters that Hybu Cig Cymru and EIDCymru are already responsible for will be tidied up, and that that, of course, is reliant on the need for ministerial consent in Wales.
But, essentially, that is one of the great weaknesses I see here, namely the failure of this Bill to put in place inter-governmental arrangements that are clear and robust, not only in terms of policy and ensuring that there is a robust framework in place that facilitates the internal market of the UK on the one hand, whilst allowing diversion of policy across the devolved administrations and Parliaments, but also the arrangements as to how financial resources are fairly distributed among the UK Governments—how we can ensure that every devolved administration complies with international obligations, as well as ensuring arrangements to resolve disputes. And I fear that the arrangements put in place, or the informal agreement, perhaps, between the UK Government and the Welsh Government is entirely inadequate. I don't see the Welsh Government as an equal partner, as it should be in those negotiations, because the UK Government, at the end of the day, will be able to do as it chooses, whatever we say.
There is much that isn't included in the Bill, which I would like to have seen included; there is a great deal that I would like to change, which is in the Bill, but, of course, we don't have the opportunity to do that. And at the end of the day, the important thing is that we have the powers in order to ensure that the Welsh Parliament and the Welsh Government is in a position to provide direct support to the agricultural sector in Wales. But I have to say that I've never felt as downhearted in voting in favour of a motion in this Senedd in the past.