11. Legislative Consent Motion on the Health and Care Bill

Part of the debate – in the Senedd at 5:42 pm on 26 April 2022.

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Photo of Russell George Russell George Conservative 5:42, 26 April 2022

Supplementary LCM No.4 was referred to the Health and Social Care Committee for scrutiny on 29 March, although the LCM itself was not laid until 5 April. As a committee, we agreed that the Senedd's consent is required for clause 181 because the provision relates to health. Because the LCM was laid during the recess, with a reporting deadline of just three weeks, we had very little opportunity, obviously, to scrutinise the provision or reach any conclusions as a committee. And I thank the Minister for meeting with me last week virtually. 

As the Minister has said, as a consequence of the amendment being made at a very late stage in Westminster, that is the reason why we're here to discuss this element today. Nevertheless, in our report on the LCM, published yesterday, we have reiterated our ongoing concerns about the increasing use of LCMs as a mechanism for legislating on devolved matters. Seeking the Senedd's agreement to the UK Parliament making laws on devolved matters on our behalf rather than legislating here in Wales limits of course the potential for the detailed and meaningful scrutiny of any implications arising. Therefore, the approach not only risks undermining the Senedd's role as a primary law-making body, it also increases the risk of unintended consequences arising. Diolch yn fawr, Llywydd.