Part of the debate – in the Senedd at 5:44 pm on 26 April 2022.
And I welcome the comments of my fellow Chair there on the issue of using this approach of LCMs for making legislation.
Llywydd, I'll state for the record that our latest report should be read in conjunction with our earlier reports, some of which touch on these very matters. In our latest report laid yesterday on memorandum No. 4, we have noted the position of the Minister with regard to the amendment made to the Bill, and we agree with the Minister’s assessment that the new clause relating to commercial dealings in organs for transplantation relates to a devolved purpose. We've also noted the position of the Minister with regard to her reasons for making further provision for Wales in the Bill.
During the previous debate we had on the earlier consent motion for this Bill, I drew attention to the fact that the Minister has accepted that there is a constitutional risk to pursuing and agreeing to provisions for Wales in this Bill. This constitutional risk relates to the provisions that would enable UK Ministers to use regulation-making powers in the Bill to amend the Government of Wales Act 2006. I asked the Minister to provide a fuller response to my committee as regards her assessment of this risk. We take this opportunity thank the Minister for her subsequent letter, in which she stated that the UK Government has specifically confirmed that it has no plan to use the powers that are consequential on the Bill to amend the 2006 Act, and that the Welsh Government accepts these commitments. But, it does bring us back to the issue of why, Minister, unlike in other situations with other Ministers, you've not sought an amendment to the Bill so that the powers cannot be used to amend the 2006 Act.
There remains this important point of principle that how one Government intends to use powers at any one time could be very, very different from how a future Government may use them in years to come. We raised this matter with the Counsel General, such are our concerns on this point of principle. We thank him for his response, and it's good to see him in the Chamber here today. For the benefit of all Senedd Members here this afternoon, the Counsel General told us that not obtaining concessions in other areas of this Bill represented a greater risk to Wales than the risk presented by the consequential amendments. The Counsel General also told us that whilst a consistent approach to similar clauses across UK Bills is aimed for, each Bill requires different issues to be balanced and negotiated. It is an argument, we grant that, but we would respectfully argue that on important matters such as the modification of our principal devolution statute, there needs to be a single, constant, consistent and firm line.
My committee will continue to pursue these matters with the Welsh Government in its entirety, but I look forward now to the Minister's response here today.