Item 8 is next, a motion to amend Standing Orders relating to departure from the European Union. Again, I call on a member of the Business Committee to formally move the motion. Rebecca Evans. 

Motion NDM7669 Elin Jones

To propose that the Senedd, in accordance with Standing Order 33.2: 

1. Considers the report of the Business Committee, ‘Amending Standing Orders: Departure from the European Union’, laid in the Table Office on 17 March 2021. 

2. Approves the proposals to amend Standing Orders 21, 26, 26A, 26B, 27 and 30C, as set out in Annex A of the Business Committee’s report.

Motion moved.

Formally moved. 

I think this may be my favourite of the items we're discussing today, amending our Standing Orders to reflect our departure from the European Union. It's a relatively short report that went to Business Committee. It says, 'Had the committee'—and this is the External Affairs and Additional Legislation Committee—

'Had the committee consider that it did not, it could make written representations—'. 

That relates to subsidiarity. I assume that sentence should read, 'Had the committee considered that it did not, it could have made representations—'. And it then goes on:

'to the relevant House of Commons or Lords committee with a view to having those representations incorporated into a reasoned opinion to be submitted by that committee to the relevant EU authorities.'

So, that relates to subsidiarity and, supposedly, a legal process for ensuring it was applied. What isn't in the paper is whether that process was ever used, and if so, whether it ever had any effect. But the paper then continues,

'Subsidiarity is grounded in the Treaty on European Union and ceased to apply in the UK on exit day.'

Now, I disagree with that phrase very strongly. Subsidiarity is taking decisions at the lowest possible level, and the process of leaving the European Union didn't end subsidiarity; it vastly increased subsidiarity by moving a huge plethora of powers that had been exercised at the European Union level so that they're instead exercised either at Westminster or by us in Cardiff. I mean that's an increase in subsidiarity, not the end of it. Of course, it was a concept that John Major pushed to get inserted into the treaty at Maastricht, and I would question how much it has ever had real applicability in the European Union, and certainly in practical terms, if not the specific statutory terms described, there's going to be an awful lot more of this subsidiarity now we're outside the European Union. But it is, of course, sensible that we remove this now redundant provision, if it was ever not redundant, from Standing Orders.

The other issue that this arises is: what about the External Affairs and Additional Legislation Committee? I remember, when I was on Business Committee for a period at the beginning of this Assembly, that the committee was described, at least unofficially, as the Brexit committee. And I'd understood that it was there to help with the huge amount of legislation that had to be reconsidered in light of Brexit and to ensure that our statute book appropriately dealt with the requirements of Brexit and the amount of work that was going to involve. So, I agreed to the establishment of that committee, but I'd understood it was a temporary committee for this Assembly, with that as its focus. And we were told that, in the fourth Assembly, committees were so overburdened and there was so much legislation that we needed this additional legislation committee that could be combined with looking at Brexit. But I'm not sure how much it has been used for that, or really whether the pressure of legislation justifies having a further committee, and Brexit, as we've heard earlier, is now over. So, why do we still have this committee? And should we have any references in Standing Orders that imply it should in any way continue into the sixth Assembly or Senedd?

I have no further speakers. The proposal is to amend Standing Orders in relation to the departure from the European Union. Does any Member object? No. There are no objections, and therefore the motion is agreed in accordance with Standing Order 12.36. 

Motion agreed in accordance with Standing Order 12.36.