The Legislative Consent Process

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 3:01 pm on 7 December 2022.

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Photo of Mick Antoniw Mick Antoniw Labour 3:01, 7 December 2022

Thank you for that. Of course, this is something I've commented on on a very regular basis before the Legislation, Justice and Constitution Committee and in questions in this Senedd, because the effective engagement by UK Government, Welsh Government and devolved Governments over legislation is fundamentally important. The failure of that to operate as it should and in accordance with the devolution memoranda and so on is one of the biggest obstacles to having an efficient, effective and scrutinisable legislative process. When information is not shared, when drafting is not shared in good time, it not only creates considerable pressure on those who then have to analyse and understand it, it also is, in my view, an absolutely enormous waste of resources that could well be used in other ways.

We have been pressing for a more consistent and more effective system of engagement. We've had promises, of course, and we get the assurances that that will happen. Of course, we do have a new inter-governmental arrangement that is still not properly up and running, but that may improve the situation. But I believe that there is a need for more substantive constitutional reform. I think that constitutional reform has to include the justiciability in one way or another of Sewel, the entrenchment of Sewel, in a way, because many of the problems that emerge through these processes are, of course, Sewel-related ones.

In terms of the LCM process, of course, we don't have any significant control over that, because we have to operate in accordance with Standing Orders when legislation arises. If it impacts on the Senedd, or on the functions of Welsh Ministers, then, of course, it has to be considered with regard to its impact on this place, but also in terms of the exercise of our powers and whether we should give consent to any of those items. That, obviously, involves a very tortuous process of negotiations and discussions over legislative amendments and so on, a back-and-forth process. It is wholly inefficient. It is a whole waste of resources in the way these things are actually done.

Again, I'm sorry I keep referring to it, but I was very impressed with some of the recommendations and analysis that appear in the Gordon Brown report, which actually would give that justiciable status to Sewel, but would also create a specific constitutional structure in terms of inter-governmental relations with a justiciable disputes procedure. If that existed, that would be a very significant step forward in dealing with the points you raised. There was nothing new, in fact, in those things—these are things we've been saying in various forms for quite some time—but they are things that need to be addressed, and until they are addressed, the dysfunctional structure we have at the moment will continue.