2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 25 January 2023.
Carolyn Thomas
Labour
1. What advice has the Counsel General provided to the Welsh Government regarding the impact of the Retained EU Law (Revocation and Reform) Bill on devolved competencies? OQ59008
Mick Antoniw
Labour
2:21,
25 January 2023
Thank you for the question. As currently drafted, the Bill could see UK Government Ministers given unfettered authority to legislate in devolved areas, contrary to the democratically established devolution settlement. We have reiterated, at both an official and ministerial level, to the UK Government that our devolution settlement needs to be respected and preserved.
Carolyn Thomas
Labour
Thank you. Important legislation, ranging from workers' rights to environmental protections, could all be about to go up in smoke in the bonfire of Brexit, if the retained EU law Bill continues to proceed in the current form. I'm grateful to you, Counsel General, for highlighting the serious implications of this Bill and the implications that it will have for us here in Wales and this Senedd, as many of the thousands of laws set out are about to become redundant at the end of this year, and they will fall under devolved competencies. I don't think people realise the implications. I know you keep highlighting it, but I just don't think people realise, and it will be too late when it happens. Counsel General, could you please provide an update on the representations that you have made to the UK Government about its infringement on devolved matters through this wholly unnecessary and dangerous Bill? Thank you.
Mick Antoniw
Labour
2:22,
25 January 2023
Well, this is a very serious Bill, a very serious piece of legislation, with very serious consequences. The concerns about those consequences, I believe, are shared across all political parties at the moment. I believe it is legislation that is ideologically driven by a small minority in Westminster, and I think there are serious consequences for all the Governments of the UK if the Bill proceeds in its current format.
The first thing to say is that we had very little engagement with it, with the content of the Bill. In fact, I think, as I reported to this Senedd, the first notice that we had was a call to meet on a Saturday with the Minister, Suella Braverman at that particular time, where we were given very little information about what would be involved. What I can say is that, since then, I have had a whole host of meetings. I have met on several occasions with Minister Rees-Mogg; we've had numerous items of correspondence, including a joint letter right at the beginning from myself and from the Scottish Government that highlighted the serious concerns about trying to change legislation in this particular way. This isn't a party-political point; this is about bad law. It is a bad way to change law, and it gives unfettered powers to the UK Government, with very serious consequence. It is also a way of bypassing Parliament, because it does not give powers to Parliament itself, to the scrutiny of legislation, to an understanding of what major pieces of legislation may change, but it gives it solely into the hands of UK Government Ministers. That should be something that should concern all those who are concerned with parliamentary democracy.
On top of the letters, I have met yesterday with Felicity Buchan, UK Government Minister, to reiterate those concerns, and I will be attending a meeting next week of the Interministerial Standing Committee, which I will be chairing, where this issue will also be raised again.
Two major concerns we have, of course, are that it contains concurrent powers that would enable the UK Government to change Welsh law without any reference to the Welsh Government. It also has a sunset clause, where all the retained EU law is revoked, irrespective of what it is or what scrutiny it may or may not have had, by 31 December 2023. The UK Government Ministers have given for themselves within this Bill a sort of get-out-of-jail card to be able to extend it, when they realised the consequence of what they're trying to do. We have asked for exactly the same powers and, unfortunately, we are not being given those either.
What I can say is that every concern that we have, which are shared by Scotland, and I believe are shared by many across political parties in Westminster Government, which are shared by businesses, who will bear considerable costs as a result of this Bill if goes through in its current format—. And there have been no adequate responses to the concerns that have been raised.
