Part of the debate – in the Senedd at 6:24 pm on 6 October 2020.
And the Minister is now belatedly offering or promising a biennial report or some sort of periodical update. That does absolutely nothing to address the fundamental issue of not having the sunset clause, which, of course, is one of a democratic deficit, as far as we're concerned as Members of this Senedd.
I was tickled by the Minister's description of Wales as an independent coastal state in opening the debate. You say as much on the one hand, and then, on the other hand, of course, you accept a situation where the Secretary of State will be able to exercise powers to determine fishing opportunities in Welsh waters. Now, this brings me to the memorandum of understanding—or the non-memorandum of understanding—the one you promised that we would be allowed to review in advance of this consent decision today. Now, of course, you're telling us there is no memorandum of understanding, that it's still in development, but that you've had some sort of promises by the UK Government that provide you with the assurance you need to recommend that we approve this LCM. Do you really trust the UK Government, Minister? Are you really taking them on their word? This is a Government that's happy to flagrantly break international laws, and a fellow Labour Member of this Senedd reminded us a moment ago that you can't trust the Tories in this Chamber—his words, not mine. But, seemingly, you can. Now, just weeks ago, you were telling us that this was a red line as far as you were concerned, and now you're expecting us to consent to the legislation based on back-of-a-fag-packet assurances that you've had from UK Government Ministers that they won't overrule the Welsh Government as and when they please. You're absolutely deluded if you think that you can stake your authority on such a limp understanding with the UK Government. Your red lines have just melted away, Minister, and, as far as I'm concerned, it seems to me that you're capitulating to the UK Government. Wales deserves better than this, and I think you know that, Minister. I honestly think you know that.
Now, I share all of the concerns articulated by the Chair of the Legislation, Justice and Constitution Committee in the letter and in his earlier remarks. And, of course, that reminds us that the Bill is still changing. And it reflects badly on this whole process, I think, that the Government tabled its original LCM on 12 February, tabled a supplementary LCM on 8 July, another supplementary LCM on 16 September, and yet another one again last week on 1 October—no doubt there probably will be another one again before we get to where the Government wants to be. And the irony here, of course, is the same as the one I highlighted in relation to the UK Agriculture Bill last week. Whatever we decide here today, the UK Government will carry on regardless, ignoring whether we consent to them legislating in devolved areas or not. I appreciate that there are some positives in this Bill, but, on balance, Minister, I can't support this LCM before us today.