10. Legislative Consent Motion on the Health and Care Bill

Part of the debate – in the Senedd at 4:36 pm on 15 February 2022.

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Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:36, 15 February 2022

Diolch yn fawr. Today, I'm recommending that the Senedd consents to the legislative consent motion on the Health and Care Bill. This is a large and complex Bill, which, whilst mostly applying only to England, contains some provisions that do apply to Wales, and a number of provisions that require the legislative consent of the Senedd. Some of those areas, such as medicine information systems, obesity and international health agreements contain provisions that we would want the citizens of Wales to benefit from.

In the legislative consent memorandum laid on 1 September and the second memorandum laid on 17 December, I could not recommend consent to the Bill as I had concerns that, as drafted, the Bill would, in some areas, adversely impact on devolved competence. However, following negotiation with the UK Government, we've brought the Bill to a position where I'm able to recommend consent as set out in my third memorandum, laid on 28 January. Time, I'm afraid, doesn't allow me to run through each of these clauses that engage the legislative consent process today. I will instead outline the UK concessions to our main areas of concern and where the UK has extended provisions to Wales at my request.

Firstly, a number of the Bill clauses enabled the Secretary of State to exercise powers in relation to Wales in certain areas within devolved competence. In three of those areas, arm's-length bodies, professional regulation and mandatory reporting, we've secured important concessions from the UK Government to require the consent of Welsh Ministers before the Secretary of State makes legislation under those provisions within areas of devolved competence.

On international healthcare agreements, the Bill has been amended to enable the Welsh Ministers to make regulations in devolved areas for the purpose of giving effect to such agreements. And a memorandum of understanding on the engagement of the devolved Governments in the development of new and revised reciprocal healthcare agreements has already been agreed and been provided to the scrutiny committees to aid their consideration of the legislative consent memorandums on the Bill. 

On medicine information systems, the UK Government has agreed to consult with the Welsh Ministers before the Secretary of State makes legislation under those provisions within areas of devolved competence. Now, this consultation will also be supported by a memorandum of understanding, developed and agreed with the devolved Governments, setting out the detail of how the consultation will be carried out.

My second broad area of concern has been the powers contained in a number of clauses—149, 144 and 91—that enable the Secretary of State to make consequential amendments to provisions in a Measure or Act of the Senedd Cymru. Now, whilst we may have concern about these, they are in fact standard clauses, and it is a fact that we similarly take powers in Senedd Acts to make consequential amendments to UK Government legislation. The UK Government has provided examples of how these powers may be used. The amendments likely would be of a minor nature, for example, the changing of the name of an English organisation that is referred to in Senedd legislation.

On 9 February, Lord Kamall made a despatch box statement on how these powers might be used. In the light of all the assurances given by the UK Government, and the despatch box statement, I regard the risk presented to Wales by these provisions to be acceptable. Other notable concessions have been negotiated in relation to UK-wide patient medicines registries, where we have secured important amendments regarding the collection and use of Welsh patient data.

Finally, the UK Government has also agreed to my request to extend a number of important provisions to Wales. These include criminalising virginity testing and the related practice of hymenoplasty. I'm sure that all Members will support the outlawing of these abhorrent practices in Wales. Taken together, I'm now satisfied the Senedd can give its consent to the Bill. Diolch yn fawr, Llywydd.