Welsh Tax Acts etc. (Power to Modify) Bill

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:47 pm on 9 February 2022.

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Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 2:47, 9 February 2022

Diolch yn fawr, Cwnsler Cyffredinol. You're quite right about the wide-ranging powers when Ministers feel that it's appropriate, but I'm sure you also remember, back to your student days, Cwnsler Cyffredinol, being taught that, generally, laws should only be applied prospectively, rather than retrospectively. And I'm also sure, in constitutional lectures, you were taught about the importance of parliamentary scrutiny. Now, whilst this Bill has many sensible features, such as the ability to change the tax process quickly to comply with international obligations, it limits the scope of scrutiny by removing the Senedd's lock. The Senedd lock is important, where power to change the Act was only contingent on Senedd approval. That's gone. Now, the broadness of the Bill fundamentally alters location of power in the Senedd to Ministers, and additionally it grants Ministers the powers to alter Acts retrospectively. That's clearly undermining the rule of law by creating uncertainty within the law. Now, we often criticise the Westminster Government for undermining the rule of law, but it is true about the Welsh Government in this case. In light of that, what safeguards will you introduce in this Bill in order to prevent the erosion of scrutiny and to prevent the erosion of the rule of law? Diolch yn fawr.