Part of the debate – in the Senedd at 6:45 pm on 28 March 2023.
Diolch, Llywydd. Our committee has produced one report on the first three memoranda for this Bill. We weren't able to report on memorandum No. 4 and produce something that could have meaningfully assisted Members during this afternoon’s debate. Whilst this is unfortunate, it is a direct consequence of amendments being made at a late stage to Bills in another Parliament that affect us here in Wales.
Llywydd, our main report clearly identifies where we have reached a whole-committee view, and where we have agreed a position as a majority. But as a whole committee, we have expressed deep concerns about the Bill and the implications for this Senedd, and I want to make clear to the Senedd that this is based on the evidence that we've taken and the legal and constitutional analysis that we've diligently applied. It's also fair to say that this analysis is not unique to us, but is echoed by other authoritative committees in Westminster and in Scotland.
This Bill is not like others. It is severely lacking in providing appropriate and constitutionally acceptable oversight by Parliaments of Government action, and we have concluded that it enables an unacceptable power imbalance between the Executive and the legislature. That should concern us. The Bill presents a real risk that the Senedd will be bypassed on decisions being made in devolved areas. I repeat that: could be bypassed on decisions in devolved areas. And more generally, we are greatly concerned that the Bill would enable Ministers, rather than Parliaments, to significantly alter the UK’s regulatory and legal landscape. And furthermore, we are being asked to sign a blank cheque, because neither the UK Government nor the Welsh Government can successfully and confidently identify what is retained EU law. Just let that sentence sit with you for a moment. So, laws might fall off the statute book without the Governments having even informed the Parliaments that this has happened. We, as the Senedd, would have no way of determining whether this was by accident or by design.
So, let me briefly address a number of recommendations in our report. Recommendation 3 relates to the second sunset date in the Bill, namely 23 June 2026. If this sunset date remains in the Bill, we said that the Welsh Government should, as a matter of urgency, raise with the UK Government the unique issue of the 2026 Senedd election and its conflict with this sunset date. This is a material concern. We welcome the Counsel General’s commitment to do this, and I'd welcome an update from the Counsel General on whether this has been discussed to date.
Recommendations 7 and 8 deal with the UK Government’s dashboard of retained EU law. We’ve said that the Welsh Government should share its own list of Welsh-made retained EU law with our committee and with the UK Government as soon as possible, and that it should request that its list is added to the dashboard. Again, I welcome the Counsel General’s agreement to these recommendations.
In recommendation 9, we have said that the Bill should be amended to require Ministers to lay before the legislatures of the UK by 30 September the details of the retained EU law that they intend will fall on 31 December. There is a key chronology here, I say to colleagues. Now, I welcome the Counsel General’s commitment to pursue this with the UK Government. Again, Counsel General, I would welcome any updates that you might have.
In recommendation 10, we have called on the Welsh Government to ensure that Wales remains compliant with international obligations, as required by the devolution settlement, and, indeed, by the Welsh Government’s ministerial code. And the Counsel General has committed to come back to my committee after further discussion on this with the UK Government.
In recommendation 11, we have asked the Welsh Government to clarify with the UK Government how it will take into consideration the views of the Senedd in respect of changes to reserved retained EU law. And again, I welcome the Counsel General’s agreement to this. In recommendation 15, we said the Welsh Government should assess the Bill’s impact on Wales as a matter of urgency.
And our final recommendation—recommendation 17—said the Welsh Government must set out a frank assessment about the resource and capacity implications for the Welsh Government of implementing the Bill, and identify what legislative activity will be displaced in order to ensure the delivery of the tasks it will need to complete this by the end of 2023. And the Counsel General has committed to provide these assessments.
Members, the Senedd could be confronted with an unprecedented workload this autumn. You will recall that, in September 2022, the Senedd was placed in a difficult situation when the Welsh Government asked Members to approve regulations with known defects because of the imminent switching off of a delegated power in the European Union (Withdrawal) Act 2018. So, with this recent experience fresh in our minds, we believe, as a committee, it's critical that the Senedd is prepared to schedule additional sitting weeks this autumn, and respond with agility should it be needed. We cannot overstate our concerns as to the effect this Bill could have on the certainty and the quality of law as it applies in Wales.
A clear majority of our committee agrees with the Counsel General that the Senedd should withhold its consent to the Bill; not all members of the committee share that view. But, to conclude, I invite the Counsel General to confirm what his plans are for future memoranda and a further consent debate, if the Bill is amended again in the Lords' Report Stage. Diolch yn fawr iawn.