Welsh Government agrees to UK’s revised Brexit Bill
THE Welsh Government has dropped its opposition to the UK Government’s flagship Brexit legislation after it agreed to make changes to respect the devolution settlement but the measures do not go far enough for Nicola Sturgeon’s SNP.
Plaid Cymru leader Leanne Wood accused the Welsh Government of “selling Wales down the river”.
Ministers from across Britain have been in talks for months as the UK Government has worked to avoid Welsh AMs and Scottish MSPs refusing to grant their consent to the EU Withdrawal Bill.
The Welsh and Scottish First Ministers condemned the initial legislation as a “naked power grab” which they feared would roll back devolution.
The key debate has been whether powers in devolved areas such as agriculture today held by Brussels should go to Westminster or the legislatures in Cardiff, Edinburgh and Belfast after Brexit.
A further issue has been how common “frameworks” will be established to avoid different regulations, making it harder to trade between the UK nations.
The Welsh Government announced
that “significant changes” to the Bill have now been secured so that “areas already devolved remain devolved”.
It will now recommend that AMs give their consent to the Bill.
The Welsh Government acknowledges there will be “some limited areas where there is a need to agree UK wide rules to replace the current EU wide rules”. However, it says that the UK Government has agreed to seek the consent of the devolved legislatures about which areas of EU law will be “frozen” while frameworks are agreed.
It claims the new amendments to the Bill – which is at present going through the House of Lords – will include “sunset” clauses so the freezing of the Assembly’s ability to make laws in this area will only be temporary.
The Welsh Government states that “any such regulations made by the UK Government on policy areas they temporarily hold would expire after five years, after which the Assembly and the Welsh Ministers would be free to legislate”.
Finance Secretary Mark Drakeford, who has thrown his hat into the ring to succeed Carwyn Jones as First Minister, represented the Welsh Government in the negotiations.
He said: “This is a deal we can work with which has required compromise on both sides. Our aim throughout these talks has been to protect devolution and make sure laws and policy in areas which are currently devolved remain devolved and this we have achieved.
“We have always recognised the need for UK-wide frameworks where the EU rule book will no longer apply. The original draft Bill meant powers already devolved would have been clawed back by the UK Government post-Brexit and only Ministers in London would have had the right to decide if and when they were passed back to the devolved parliaments.
“This was totally unacceptable and went against the will of the people of Wales who voted for devolution in two referendums. We are now in a different place. London has changed its position so that all powers and policy areas rest in Cardiff , unless specified to be temporarily held by the UK Government.
“These will be areas where we all agree common, UK-wide rules are needed for a functioning UK internal market. London’s willingness to listen to our concerns and enter serious negotiations has been welcome.
“In a devolved UK the respective governments need to deal with each other as equals and this agreement is a step in the right direction. This approach must now continue as we prepare for leaving the EU and the next phase of talks with Brussels.”
He added: “Make no mistake; the Welsh Government will continue to make sure Wales’ voice is heard loud and clear so we can secure a Brexit that protects devolution, jobs and our economy.”
Figures across Whitehall will have breathed a sigh of relief that the Welsh
and Scottish Governments are no longer operating in lockstep.
Michael Russell, the SNP minister who represented the Scottish Government in the talks, told MSPs: “It would be an outrage if the UK Government decided to use what the people of Scotland did not vote for – Brexit – to undermine what we did vote for: devolution. The UK Government has no mandate to undermine the powers of this Parliament and therefore the Scottish Government will do everything we can to protect the devolution settlement people voted for so overwhelmingly more than 20 years ago.”
He said in a statement: “[The] UK Government’s latest proposals continue to give Westminster the power to prevent the Scottish Parliament from passing laws in certain devolved policy areas and while we expect the amendments to include the addition of a sunset clause the restrictions on our use of these powers would last for up to seven years. While any constraint placed on the UK Government will be purely voluntary.
“The effect of the UK Government’s latest proposal remains this: the Scottish Parliament’s powers could be restricted without consent. This is not something the Scottish Government could recommend the Parliament approves.
“There are two possible ways forward. The first is to simply remove clause 11 from the Bill.
“Both the Scottish and UK Governments could then agree, on equal terms, not to bring forward legislation in devolved policy areas while negotiations on frameworks are taking place.
“Alternatively, we could agree to abide by the present system. In that system any regulations preventing the Scottish Parliament from legislating in devolved matters for a temporary period of time must only be introduced when that is agreed by the Scottish Parliament.
“These are practical, workable solutions to this issue that will ensure the necessary preparations for Brexit can be taken across the UK whilst protecting devolution.”
Plaid leader Ms Wood said: “By capitulating to Westminster on the EU Withdrawal Bill, the Labour Government is selling Wales down the river. This is a bare-faced Westminster power grab which undermines the will of the people of Wales who voted for more powers in two referendums.
“By doing a backroom deal with the Tories in the UK Government, Labour Welsh ministers are yet again reminding us of Labour’s belief that Westminster is superior to Wales. While Labour capitulates, Plaid Cymru will keep challenging this Westminster power grab and protecting Welsh democracy every step of the way.”
But David Lidington, the Chancellor of the Duchy of Lancaster who represented the UK Government in the talks, said: “I am very pleased that the many months of detailed negotiation have got us to a point where we have now reached an agreement with the Welsh Government on changes to the Bill. This is a significant achievement that will provide legal certainty, increase the powers of the devolved governments and also respect the devolution settlements.
“The UK Government has made considerable changes to the EU Withdrawal Bill to address issues that have been raised in Parliament and by the devolved administrations.
“It is disappointing that the Scottish Government have not yet felt able to add their agreement to the new amendments that Ministers and officials on all sides have been working on very hard over recent weeks. I thank them for that effort and hope that they may still reconsider their position.
“All governments agree that it would be best for all parts of the UK if we had an agreed way forward on the EU Withdrawal Bill.”
Welsh Secretary Alun Cairns said: “I think the fact that the Welsh Government supports it shows this is a fair and balanced deal that meets the demands of communities and of businesses as well as recognising the constitutional settlement around the UK and how devolution fits and works. We’ve come to an arrangement that satisfies the natural concerns that the Welsh Government would have had and I now hope that the Scottish Government will come to see it in the same way but we’ll continue to work positively with them in the way that we have up until now.”
The Assembly had passed a “Continuity Bill” laying claim to the contested powers, but Mr Cairns expects it to be withdrawn. The Supreme Court had been due to rule on whether it was within the powers of the Assembly.
Mr Cairns said: “They will withdraw the Bill that they passed recently so therefore the legislative challenge doesn’t need to stand any more.”