Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:57 pm on 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.