Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:47 pm on 12 January 2022.
It is a very important point in respect of the operation of parliaments across the UK, not just in respect of secondary legislation but, of course, the increased use of framework legislation, which ultimately leads to the same powers going to executives and, obviously, diminution in the roles of scrutiny. Can I just say that, on the issue of scrutiny, I have something very much in mind? I very much welcome actually the input from the Legislation, Justice and Constitution Committee on the issue around legislative consent memoranda, and, of course, there is going to be a Business Committee review of that, and that is an area I've been certainly applying my mind and giving considerable attention to. I think the same applies in respect of the points you raise with regard to secondary legislation, and I include with that framework legislation, because I think, from the Government's side, there are two competing forces: the one is the imperative on Government to get on with legislation, to get on with implementing manifestos, but, equally so, that has to be within the framework of a parliament, where the exercise of powers by government are properly held to account, that they are transparent, and there is a capacity for proper scrutiny. Now, there are real issues of scrutiny for a variety of other reasons as well, as the Member will know, and that is, for example, the extent of legislation that is coming, the issues that arise on legislative consent memoranda and the way in which legislation is having to be responded to so quickly, particularly in the light of Brexit and, of course, rather similar issues in respect of COVID.
What I can say is—and I've said this, I think, in the Legislation, Justice and Constitution Committee, but I can reiterate it here—I am more than happy to engage on a regular basis on those issues of scrutiny, on the discussion around those challenges that we have as not only a new Parliament, as a new democracy, but one that has also—. Each session of the Senedd has an increasing legislative role and increasing responsibilities, and we have to ensure that the democratic structure and the accountability of the Welsh Parliament is operating. There are difficult environments because of the dysfunctional constitutional arrangement we have at present within the UK, but hence the need for our own constitutional commission and also the inter-governmental review and the other considerations that are under way that recognise that dysfunction and are beginning to look at ways of creating a solution to it.