Part of 2. Questions to the Counsel General and the Minister for the Constitution – in the Senedd at 2:33 pm on 20 October 2021.
Well, I think the Member has made his points very, very well, and they’re ones that, certainly, I’m very focused on. And perhaps to add to some of the examples that he gave, I would also express concern that some of those pieces of legislation that we will need to consider, because of their implications for devolution, actually go to the heart of our democracy and the democracy of the United Kingdom—the proposals in respect of judicial review, the worst of which were actually removed by the previous Lord Chancellor. And I have this great fear that, from indications of things that are being said by the new Lord Chancellor, there is an intention to reintroduce that; the issue of the Police, Crime, Sentencing and Courts Sentencing Bill, which would be a significant restriction on the right of civic protest. And we see now even the intention to introduce legislation to actually significantly restrict the issue of human rights within our legal system. These are all things that I think we regard as very, very significant and very important, whether it be democracy within Wales, or whether it be democracy within the United Kingdom.
What I can tell the Member is that, in terms of the legislative consent system, of course there are areas where—pieces of legislation—there will be potential overlaps and so on, and so the process is one that is important, in considering where there may be mutual benefits or not, or where there may be intrusions into devolved responsibilities. But the fact of the matter is that what is happening at the moment, I believe, is an onslaught on devolved responsibilities, it is an attempt to undermine devolved responsibilities, and I believe it actually undermines the democratic mandate that we have.
So, in considering all legislative consent memoranda, and to get an understanding of the global impact of them collectively, as well as those other processes, such as memoranda of understanding, the sort of despatch box agreements, is to evaluate the impact that they have in every respect in terms of the devolution settlement, with a view that legislation on Welsh matters should be pursued within Wales itself. Where there are areas of common interest, it's on the proviso, except in exceptional circumstances, that it does not undermine devolution or result in a transfer of powers from this place. It is a very, very difficult environment. I am hopeful that maybe the inter-governmental review, and the outcome of that, may improve the situation. But, as I said yesterday in discussing these matters, they do not provide the fundamental constitutional floor that I think is one that we actually need, and one that the commission we were referring to just earlier I think will no doubt consider.