9. Legislative Consent Motion on the Armed Forces Bill

Part of the debate – in the Senedd at 5:52 pm on 23 November 2021.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 5:52, 23 November 2021

Again, my thanks to my committee colleagues and our clerks and the support team for their work on this as well.

Now, as the Deputy Minister has set out, clause 8 of the Bill makes provisions relating to the armed forces covenant by amending the Armed Forces Act 2016, and we noted the Welsh Government’s assessment that clause 8 of the Bill requires the Senedd’s consent.

We were particularly concerned to note, however, that the UK Government had changed its position on whether clause 8 relates to a devolved matter between the Bill’s introduction in the House of Commons on 26 January and its reintroduction on 12 May. And, further to that, no explanation had been provided.

We were also disappointed that, whilst the memorandum noted the UK Government’s change in position, there was no further assessment or detail provided with regards to a change of the Welsh Government’s view on this as well. So, our report therefore asked the Deputy Minister to address this matter, and we noted her response, which sets out both her engagement with the UK Government and the Welsh Government’s position. I welcome the information from the Deputy Minister, and we would respectfully, and we think helpfully, suggest that the level of detail that was provided subsequently could well have been included in the  original memorandum, to make this information as accessible as possible as early as possible.

Now, as I've already mentioned, our predecessor committee also scrutinised this Bill. One of their recommendations at the time was that the Deputy Minister should pursue amendments to the Bill to the effect that the Secretary of State is required to obtain the consent of the Welsh Ministers before issuing or revising guidance and before making regulations under the new sections inserted by clause 8. And we welcome the fact that the Welsh Government did indeed pursue this recommendation, but we note as well that their request to the UK Government was rejected, as the Deputy Minister has laid out. In rejecting that request, the UK Government said that any such changes would, in quotes,

'only happen where there is benefit in doing so after consultation with key stakeholders, such as the Welsh Government'.

Now, in our view, this response does not demonstrate an understanding of the Welsh Government’s position as the elected Government in Wales. The Minister told us that whilst she is disappointed in the UK Government's adopted position, she considers, in balance, that the benefits outweigh any detriment that results from the UK Government's position, and so, Llywydd, in closing, I draw the Senedd's attention to these comments. Diolch yn fawr iawn, Dirprwy Lywydd.