Part of the debate – in the Senedd at 5:00 pm on 15 February 2022.
Diolch, Llywydd. I move the motion. I welcome the opportunity to explain the background to this legislative consent motion on behalf of the Minister for Education and Welsh Language and set out why I'm recommending that the Senedd withholds consent to the Professional Qualifications Bill. I am grateful to both the Economy, Trade and Rural Affairs Committee and the Legislation, Justice and Constitution Committee for considering the memoranda, and for the detailed and helpful reports they have produced.
The Minister for Education and Welsh Language has responded to the questions and recommendations in both reports. In particular, I note that the Legislation, Justice and Constitution Committee continues to share my concerns with the existence of the concurrent powers in the Bill, a view also shared by the Senedd when a legislative consent motion on the Bill was first debated on 5 October and Members voted overwhelmingly to withhold consent to the Bill. Since this debate, the UK Government has introduced amendments to clause 1, and introduced clauses 14 and 15 to the Bill.
As you're aware, the advice to the Senedd is we cannot give approval to the Bill in its current form. Despite both the Minister for Education and Welsh Language and myself making our concerns very clear, the UK Government has refused to remove the concurrent powers given to the Secretary of State and Lord Chancellor in this Bill to legislate in relation to Wales in areas that are devolved. Llywydd, it is the view of the Welsh Government that there should be no concurrent powers in this Bill. However, in an effort to be constructive, the Minister for Education and Welsh Language has indicated to the UK Government on several occasions that he may be prepared to recommend consent to this Bill, including clauses 1, 14 and 15, if an amendment is made to require the Secretary of State and Lord Chancellor to obtain the consent of the Welsh Ministers before making any legislation in areas that have been devolved to Wales. However, it is very disappointing that the UK Government has not been prepared to make any such amendment. UK Government Ministers have failed to provide any evidence-based analysis to support their view that the concurrent powers in this Bill cannot be made subject to a requirement to obtain consent from Welsh Ministers.
They have made an informal commitment that they will not legislate in areas of devolved competence or use the powers in the Bill to undermine the devolution settlement. However, as this commitment is not in the Bill itself and is therefore not binding, it has no statutory effect. The Welsh Government is deeply concerned the concurrent powers in this Bill could be used by the UK Government to implement trade deals that in future could encompass professions for which regulation is devolved to Wales. So, in the absence of a consent requirement, changes to the regulation of these professions could be made by the UK Government without the consent of Welsh Ministers, undermining the role of our workforce regulators, the standards we set for these professions, and undermining qualification and registration requirements because of their desperation to secure a deal.
It is our conclusion that the provisions of clauses 1, 14 and 15 within the Bill fall within the legislative competence of the Senedd, and we do not recommend that the Senedd consent to this Bill as it stands. I urge all Members of the Senedd to reject the motion and deny the Bill in its current form our consent. Diolch, Llywydd.