Part of the debate – in the Senedd at 6:47 pm on 16 December 2020.
Thank you, Llywydd. As the Counsel General has explained, the Bill provides data-sharing measures that are required as the UK prepares for its new relationship with the European Union. These provisions were previously included in Part 3 of the UK Trade Bill, as has been outlined. However, as we know, the Bill's passage through the UK Parliament has been delayed and the Government has introduced this Bill, containing the same disclosure information as was previously included in the Trade Bill.
The Legislation, Justice and Constitution Committee reported on the Welsh Government's supplementary legislative consent memorandum, that's memorandum No. 2 on the Trade Bill, on 4 December 2020. We agreed with the view of the Welsh Government that clauses 9 and 10 of that Bill, which are the new clauses 2 and 3 of the Bill we are considering today, require the Senedd's consent.
Specifically in relation to the regulation-making power in clause 2(9) of the Bill, this is a Henry VIII power in that it enables regulations to be used to amend the list of specified public authorities in clause 2(3). Such regulations will be subject to the affirmative procedure. Furthermore, a statutory instrument consent memorandum will be required in accordance with Standing Order 30A should a Minister of the Crown make provisions in relation to Wales by amending the list of public authorities in clause 2(3) to include non-reserved authorities.
I note the Welsh Government's reasons for making the relevant provisions for Wales in the Bill. The LCM says that:
'To ensure benefits can be accrued in Wales, we sought assurances from the UK Government'.
Paragraph 11 of the LCM states:
'The Welsh Government considers that it has previously received sufficient assurances from the UK Government in response to these requests and that they will apply to this Bill as they did to the Trade Bill. To confirm this, the commitments will be restated, either in the Houses of Parliament or within a Ministerial letter.'
After outlining commitments given by the UK Government in October, the legislative consent memorandum says in paragraph 13:
'We believe the assurances previously provided are sufficient, once they have been restated'.
Now, in our reports on the LCM and the supplementary LCM related to the current Trade Bill, we've expressed concerns about the lack of clarity around these despatch-box commitments and sought clarification from the Welsh Government. It would therefore be helpful if the Counsel General could explain what discussions he has had with the UK Government about the despatch-box commitments as they apply to the Bill we are considering today. In addition, can he also say whether he expects the commitments to be made in the UK Parliament during its consideration of the Bill or by letter at a later date? The Welsh Government is aware of the committee's concerns regarding the repeated use of varying forms of inter-governmental agreements, whether they be memoranda of understanding or commitments spoken at the despatch box. So, we remain apprehensive at the increasing use of such non-binding agreements, but also at the collective impact of the number of these, as they composite and, in our view, impact on the clarity and probity of the devolution settlement. Thank you, Llywydd.