11. Legislative Consent Motion on the Professional Qualifications Bill

Part of the debate – in the Senedd at 5:17 pm on 15 February 2022.

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Photo of Mick Antoniw Mick Antoniw Labour 5:17, 15 February 2022

It is certainly something that is of considerable constitutional concern, and it exposes also the dysfunction in the constitutional arrangements we have. I think there is probably common agreement on the need—that somewhere along the way, the constitution has to begin to become justiciable. Of course, we've discussed the inter-governmental review and new arrangements, which may be a step towards that. But, again, they are non-justiciable, and we have to wait to see how they work out.

If I can just refer to some of the points that you did raise, though, with regard to the laying of legislative consent memoranda, and the number of them. Of course, this isn't something that is within the choice of the Welsh Government or, indeed, of the Senedd. We are required by Standing Orders to deal with any piece of legislation that may have an impact on, or might modify, the powers of this place. So, we can't get away from the fact that they are there and we deal with them. And the number of them—. What they actually reflect is the amount of legislation coming from the UK Government.

Now, there will be times, of course, when, within those pieces of legislation, there are things that we might not have as part of our legislative programme that we would actually want to see, or we would not want to deny the people of Wales. The health Minister mentioned, of course, the hymenoplasty and one or two other areas. Of course, the simple answer is, 'Well, we'll legislate ourselves.' But the reality is, if that is our sole response every time something like that arises, then what effectively happens is the UK Government is determining what our legislative priorities are, and what our legislative programme is. Every time they come forward with a piece of legislation like that, we say, 'Oh, well, actually we quite like that, but we're going to do it ourselves.' So, we then actually have to divert from our own priorities and our own legislative programme and resources in order to do that.

So, I don't think there should be shame in actually taking good things that benefit the people of Wales in that particular way, and certainly not to put the UK Government in a position where, effectively, we are doing little more than responding to the priorities and direction of the UK Government. If we were to solely adopt that approach, that is effectively what would happen, because in all of our priorities, we would lose some of them, and we would actually be directing our resources in developing and implementing those legislative priorities in order to take up those initiatives every time they arise in a piece of UK Government legislation. So, I think we have to put that within that context.

I suppose the only other way to conclude this, really, is, of course, that I think we are probably in complete agreement on the basis that, as far as this legislative consent memorandum is concerned, consent should not be granted. The motion puts the issue of consent to the Senedd, and the Welsh Government recommends the Senedd votes against the motion and withholds its consent in respect of this particular Bill. Diolch, Llywydd.