The Northern Ireland Protocol Bill

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 9 November 2022.

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Photo of Alun Davies Alun Davies Labour

(Translated)

8. What discussions has the Counsel General had with other law officers in the UK about the impact of the Northern Ireland Protocol Bill on the UK constitution? OQ58670

Photo of Mick Antoniw Mick Antoniw Labour 2:55, 9 November 2022

Thank you. We've had no engagement from the UK Government before the Bill was introduced. We have some serious concerns about it, including the very broad powers it gives to Ministers of the Crown and its potential implications for the devolution settlement. We are recommending that the Senedd withhold consent for the Bill.

Photo of Alun Davies Alun Davies Labour 2:56, 9 November 2022

I'm grateful to the Counsel General for that. I'm grateful to hear his final point there. This is a rotten and grubby piece of legislation that has, by its introduction, tarnished the reputation of the United Kingdom in councils across the world. It has damaged our relationship with the EU and has demonstrated that the UK Government itself is prepared to break international law and agreements freely entered into having deceived the unionist population of Northern Ireland. It really is a squalid piece of legislation and one of the most dishonourable pieces of legislation that I've seen in front of any legislature at any time. It is important, Counsel General, that, as a legislature and as a Welsh Government, this place stands up for good governance, stands up for international law and stands up for the values of democracy where freely entered-into agreements are delivered by all parties. Can the Welsh Government reassure this Chamber this afternoon that it will continue to argue that this piece of legislation not only damages the UK externally and internationally, but undermines the basis of the UK constitution internally as well?

Photo of Mick Antoniw Mick Antoniw Labour 2:57, 9 November 2022

Thank you for that supplementary. I think I agree with all the points that you've made. In the summer, I attended a British-Irish Association conference, and, at that, I made the point that I just think it is fundamentally wrong to try and tackle what is a significant political problem by means of legislation. You cannot legislate to solve those types of problems. The Bill is ill-judged and it's damaging to the UK's international reputation. It is the UK Government going back on an international obligation that it designed and signed early in 2020 as part of the withdrawal agreement. And, if it's enacted and implemented, it will result in a significant breach, in my view, a likely breach, of international law, which does still further damage.

There are a number of reasons why legislative consent cannot be given. There will, of course, be a full debate in this Senedd on the legislative consent motion. But one of the key things for me is this: I cannot see how, with our intrinsic commitment to international law, and to human rights and so on, in all that we do, that we could recommend legislative support for legislation that so blatantly potentially drives a coach and horses through the very concept of the rule of law and international law. On top of that, of course, it gives enormous Henry VIII powers to the Government. So, the Welsh Government's position is not to give consent. Obviously, it is a matter for this Senedd to determine that issue of consent; it is not a matter for the Government, but, during that process, Welsh Government will make its position very, very clear.