As the person Chairing discussions between the UK and devolved Governments on the EU Withdrawal Bill, Cabinet Minister David Lidington MP stated at Airbus Broughton last week “we must protect the UK internal market whilst respecting devolution”.
He noted that eight out of 10 goods lorries leaving Wales go to the rest of the UK, highlighting the importance of the UK common market”.
He added:
- That “We have to ensure, as we are determined to do, that Brexit means more powers going to the devolved governments and not fewer”.
- that “our proposal is to amend the Bill before Parliament to make clear that while frameworks are being agreed, the presumption would now be that powers returning from the EU should sit at a devolved level” –
- and that “Westminster would only be involved where, to protect the UK common market or to meet our international obligations, we needed a pause – I stress pause - to give the governments time to design and put in place a UK-wide framework”.
Responding to me in this Chamber last week, the Finance Secretary, Mark Drakeford, stated that Mr Lindigton’s speech “did move a step forward in relation to our clause 11 concerns”.
Mr Drakeford added:
- that what we now need to do is to have a detailed discussion with the UK Government about some of the practical ways in which that would operate, and the key issue at stake remains that of consent.
- That he will go to the next meeting of the Joint Ministerial Committee on EU Negotiations “with constructive proposals as to how those questions could be resolved”.
- That his preferred course of action remains an agreed amendment that all three Governments could see put down at the House of Lords.
- That if an amendment cannot be agreed, he will continue to pursue the amendments jointly laid with the Scottish Government “in the House of Commons and will re-lay in the House of Lords”.
- And that only if they do not succeed there, then they “have to protect the position against the day when this National Assembly would not be prepared to give its legislative consent to the withdrawal Bill”.
Having already achieved so much, it is therefore apparent that there is a will in both the UK and Welsh Governments to conclude an agreement which will allow the EU Withdrawal Bill to go forward.
Let us hope that a final push, combined with constructive engagement with Scotland, will now enable this to happen.
Of course the Welsh Conservative Official Opposition fully recognises the constitutional principles at stake.
We have consistently called for agreements on common frameworks between the Governments of the UK as a basis for a UK Free Trade Agreement – and argued that there is no reason why the EU Withdrawal Bill could not state that the restriction on devolved competency would end when common agreed Frameworks come into force.
We also welcome the Finance Secretary’s response to me in yesterday’s meeting of the Assembly External Affairs Committee, when he stated that “very detailed work has gone on at Officials level, involving Welsh Government, UK Government and Scottish Government, on the consent issue”.
He added that there was “more than one way that the different positions could be bridged and Thursday’s meeting of the Joint Ministerial Committee on EU Negotiations will be focusing on practical ways that that could be done”.
Where “all share the same ambition to get to an agreed amendment”.
We also understand that discussions on this will go forward at a meeting attended by both the Prime Minister and the First Minister next week.
In noting both this – and the inappropriateness of introducing major constitutional legislation under emergency procedure, which would make necessary and effective scrutiny impossible - we must oppose these motions.
In so doing, we recognise that the view of this Assembly, including ourselves, can be expressed by voting against the Legislative Consent Motion if our collective concerns are not then addressed.
The Constitutional integrity of this Welsh Parliament must be protected and the Welsh Conservative Official Opposition won’t hesitate to vote down the Legislative Consent Motion if this is compromised.