Carwyn tells AMs to veto legislation
THE Welsh and UK governments are on a Brexit collision course with Carwyn Jones yesterday taking the first step towards rejecting the fiercely controversial EU Withdrawal Bill.
The First Minister has formally recommended that AMs reject the legislation which gained an initial thumbs-up from MPs early yesterday morning.
He is adamant that the consent of AMs is required because of the impact the Bill would have on the Assembly.
In the latest sign of close cooperation between Mr Jones and Scottish First Minister Nicola Sturgeon, Legislative Consent Motions have been tabled in Cardiff and Edinburgh.
The UK Government could press ahead with the legislation if AMs refused to grant consent but this would trigger a fierce constitutional row – and potentially put new momentum behind the push for a second Scottish independence referendum.
In a memorandum, Mr Jones was unequivocal in stating that AMs should not give MPs the green light to make the Bill law.
He stated: “The Welsh Government will not be able to recommend to the Assembly that it gives consent to the Bill as currently drafted.”
The Bridgend AM warned against an “unnecessary and unacceptable centralisation of powers at the UK level, to which the Welsh Government cannot agree”.
He further cautioned that “there will be significant financial implications for Wales from withdrawing from the EU, both in its overall economic effect and in areas of funding currently deriving from the EU”.
A key area of controversy is whether powers currently held by Brussels in areas such as agriculture will be transferred to the Assembly or held by Westminster.
The Bill is designed to ensure the UK does not face chaos on the day after Brexit. It would put European Union law onto the statute book but give UK ministers powers to change legislation so it makes sense in a Britain outside the EU.
Mr Jones set out his concerns, saying: “These powers would allow a Minister of the Crown to unilaterally amend legislation that is within the legislative competence of the Assembly... The scrutiny obligation would then be discharged by Parliament rather than the Assembly.
“Those powers could also be used to amend the Government of Wales Act 2006, without any requirement for the Assembly’s approval.”
However, Mr Jones also signals that compromise may be possible, stating: “We accept in principle the need for provisions which convert EU law into domestic law, and provisions which create powers to make secondary legislation, including temporary powers to enable corrections to be made to the laws that would otherwise no longer operate appropriately once the UK has left the EU.”
Cynon Valley Labour MP Ann Clwyd, meanwhile, made a fresh appeal for Brexit to be scrapped.
She said: “Despite the recent events in the House of Commons over the past few days, there is still time for the Government to change its mind and remain in the European Union.”