Part of the debate – in the Senedd at 6:08 pm on 12 January 2021.
Diolch, again, Dirprwy Llywydd. Our report on the original legislative consent memorandum for the Bill was laid in the Senedd October last year, and we laid our report on the supplementary LCM for the Bill just before the Christmas recess. Our first report noted the Welsh Government's assessment that clause 16, which, as has been mentioned, is now clause 18 of the Bill, requires consent, and Welsh Government's reasons as to why, in its view, making provision for Wales in the Bill is appropriate. Members may be aware that the power contained in clause 18 is broad. The Minister has confirmed that. It could be used to make regulations about information systems for the purpose of safety of patients, or the purpose of improving patient outcomes, both of which are devolved matters. Members are also aware that both the Welsh and UK Governments are in agreement that legislative consent should be sought for this cause, and our first report acknowledged the Welsh Government's outstanding concerns in respect of a number of areas of the Bill and, in particular, with regard to certain aspects of what is now clause 18. As such, a supplementary legislative consent memorandum was anticipated.
In our second report, on the supplementary LCM, we acknowledged that an amendment was made to clause 41, now clause 43, of the Bill, replacing the former general power to consult with a specific requirement that the devolved administrations are to be consulted before any regulations are made in the UK by Ministers under what is, again, clause 18.
In addition, our second report welcomed the fact that the views we set out in our first report are acknowledged in the supplementary LCM whilst also noting that discussions between the Welsh and UK Governments were ongoing. Now, on this latter point, we welcome the recent letter—the Minister referred to it—that we received from him, which includes an update on those particular discussions. However, I do wish to draw attention to the fact, once again, that the Welsh Government has accepted the development of a memorandum of understanding as a means of resolving a dispute with the UK Government. Furthermore, in his letter to us, the Minister said that the agreed arrangements have not gone as far as he would've wished but that he considers the MOU—that's the memorandum of understanding—to be a positive compromise. Nonetheless, I believe that we should welcome the fact that the MOU has been made publicly available in advance of the Senedd's consideration of this consent motion. This is important and has often in the past not been the case. Diolch, Dirprwy Lywydd.