12. Statutory Instrument Consent Memorandum on The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

Part of the debate – in the Senedd at 7:30 pm on 17 November 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 7:30, 17 November 2020

These regulations include amendments to primary legislation that are within the legislative competence of the Senedd. They amend the Interpretation Act 1978 and the Legislation (Wales) Act 2019, in relation to the interpretation of references to relevant separation agreement law.

This is a new body of law, defined by section 7(c) of the European Union (Withdrawal) Act 2018. It captures domestic law created by the withdrawal agreement with the EU, the related EEA EFTA separation agreement, and the Swiss citizens' rights agreement, under domestic implementation of those agreements. The amendment to the Interpretation Act sets out how references in domestic legislation to an instrument that has effect as relevant separation agreement law are to be interpreted. After the end of the transition period, references to instruments that have effect as relevant separation agreement law are to be interpreted as those instruments that are applied and have effect under the terms of the withdrawal agreement or the EEA EFTA separation agreement, or the Swiss citizens' rights agreement.

The regulations also make equivalent amendment to the Interpretation and Legislative Reform (Scotland) Act 2010 and the Interpretation Act (Northern Ireland) 1954. The Ministers of devolved Governments do not have equivalent powers to UK Ministers to make the relevant consequential amendments. As the amendments need to be made by the end of the transition period, a United Kingdom statutory instrument is the only realistic way to make the necessary amendment. There is no divergence between the Welsh Government and the UK Government on the amendments. Furthermore, making the necessary consequential amendments in one instrument helps to promote the accessibility of the law during this period of substantial change.

It is on this basis that the statutory instrument consent motion is placed before you for approval, and I move the motion.