Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:45 pm on 12 January 2022.
Diolch, Cwnsler Cyffredinol. I don't think I would describe the Sewel convention as weak; I think I'd probably describe it as non-existent at the moment, but there we are. Last week, Cwnsler Cyffredinol, the Lords described the overuse of secondary legislation in Westminster as dangerous for democracy. Lord Judge, the highly respected former lord chief justice, criticised the increase in secondary legislation and said that the House of Commons hasn't rejected a single piece of delegated legislation since 1979. He went on to say,
'thousands and thousands of pages, in small print, are sent out to us every year, telling us all how we should live' our lives, unless, of course, Cwnsler Cyfredinol, you're invited to a 10 Downing Street garden party. However, I don't think we as a Parliament can ourselves be complacent when it comes to this. There are some real areas of concern that I have in this Senedd. We have seen a huge increase in the use of secondary legislation in this place. In questioning the education Minister on the Tertiary Education and Research (Wales) Bill, concerns were raised that sections in the Bill gave a lesser scrutiny role to the Welsh Parliament than previously. And the building safety Act—a UK Government Bill—fully within a devolved area, that you consented to, has 17 clauses that create regulation powers for Welsh Ministers. Now, given the well-known lack of proper scrutiny within the legislative consent memoranda process, and the substantial increase in the use of secondary legislation in this place, what steps are you taking as the legal officer of the Senedd to make sure that this does not become a danger to Welsh democracy in the same way that eminent lawyers are warning about Westminster? Diolch yn fawr.