Labour urged to ‘protect Wales’ in key Brexit vote
ALL opposition parties in Westminster have been urged to work together to “protect Welsh sovereignty”, ahead of a crucial debate in the House of Commons today.
MPs will debate clause 11 of the EU (Withdrawal) Bill, which places restrictions on the three devolved countries’ ability to legislate in devolved fields.
Plaid Cymru immediately branded the restrictions as “a Westminster power-grab” and others have since expressed similar concerns, including the Scottish Government and the Welsh Government.
Under the “reserved powers model” of devolution, adopted in the Wales Act 2017, the National Assembly is responsible for all policy areas other than areas listed as “reserved” to Westminster.
Powers repatriated from the EU after Brexit that are not listed as “reserved” would in the normal course of events be passed straight to Wales but clause 11 ensures Westminster intercepts these powers, restricting the devolved legislatures’ ability to legislate in devolved areas.
Plaid Cymru has tabled amendments to the Bill, adapting the restrictions in clause 11 so that they are only applicable to reserved areas of policy. The party has also signed amendments drafted by the Scottish and Welsh Governments to remove the clause from the Bill altogether.
Plaid’s Brexit spokesman Hywel Williams, the MP for Arfon, has called on all opposition parties to work together to “protect Welsh sovereignty”, following the Labour Party’s decision to abstain from voting on amendments to give Wales a say on the Bill and to vote with the Conservatives against keeping the UK in the Customs Union.
Ahead of the debate, Mr Williams said: “The power-grab clause will allow Westminster to intercept powers from Wales and restrict the Assembly from legislating on devolved matters such as agriculture, the environment and transport.
“Allowing Westminster to intervene in domestic Welsh affairs in this way will normalise direct Westminster rule, undermine Welsh sovereignty and set a dangerous precedent.
“We have tabled our own amendments to stop this power-grab and we are co-sponsors on many others alongside the Scottish Government and the Welsh Government. All opposition parties must work together to protect Welsh sovereignty.
“Labour’s habit of crying outrage in the media only to abstain when it comes to voting is not good enough. Every Labour MP must join Plaid Cymru MPs in voting against the Westminster government tonight and if every opposition MP does so, the government will be defeated.”
A Welsh Labour spokesman said: “From day one, Welsh Labour has taken a strong lead in protecting Wales from a Tory hard Brexit. Every step of the way, we have demonstrated a willingness to engage across both political institutions and Party lines.
“This week will see amendments to the disastrous Tory Brexit bill that reflect this work, from both Labour’s Front Bench and back bench. These amendments represent the best chance of defending Wales’ interests, and enjoy the support of both the Welsh Labour Government and the Scottish Government. There will be no political grandstanding from Welsh Labour MPs, just a continuing determination to do what is right for Wales.”
In September First Minister Carwyn Jones and his Scottish counterpart Nicola Sturgeon wrote to Theresa May saying that the amendments they wanted to see in the Bill were aimed at preventing the UK Government from taking control of devolved policy areas when powers are returned from the EU.
They wrote: “We want a European Union (Withdrawal) Bill that can be made to work with, not against, devolution. The current Bill will need to be substantially amended for us to be able to recommend to our respective legislatures that they give their consent to it.”
The amendments the First Ministers called for would achieve these objectives:
Ensure devolved policy areas come back to the National Assembly for Wales and Scottish Parliament on withdrawal from the EU;
Prevent UK Ministers unilaterally changing the Government of Wales Act and Scotland Act;
Require the agreement of the Welsh Government on necessary changes to current EU law in devolved areas after Brexit;
Ensure additional restrictions are not placed on devolved ministers compared with UK Government ministers.
Mr Jones said at the time: “The governments of these islands have a lot of work to do to ensure the UK leaves the EU with as little disruption as possible.
“This will only be achieved by working together. Theresa May, Nicola Sturgeon and I all have very different political positions, but an issue as important as Brexit requires us to put our political differences aside and work together to provide stability for the sake of our economy, jobs and public services.
“One Government cannot simply hijack powers from the other two. We want a Bill that works with, not against, devolution. Until that point is reached, we cannot give it our consent.”