Skip to main content

Welsh EU Continuity Bill

Volume 637: debated on Wednesday 14 March 2018

2. What recent discussions he has had with the Welsh Government on the proposal for a Welsh EU continuity Bill. (904275)

7. What recent discussions he has had with the Welsh Government on the proposal for a Welsh EU continuity Bill. (904280)

11. What recent discussions he has had with the Welsh Government on the proposal for a Welsh EU continuity Bill. (904284)

As I have said previously, I do not think that the Welsh Government’s continuity Bill is necessary. The UK Government want to reach agreement with the Welsh Government on the European Union (Withdrawal) Bill, with a view to securing the National Assembly’s support for the legislation.

Despite that answer, the reality is that on Friday, the Cabinet Office printed a list of 24 devolved competencies that the UK Government are going to snatch back from Wales and Scotland. That proves the need for a continuity Bill. Why is the Secretary of State not defending his devolved Parliament and standing up for it, instead of allowing this power grab?

My relationship with the First Minister and the Welsh Government is a positive one. We do not agree on everything, but we agree on the objective, which is to improve the outcomes for businesses and communities in Wales. There are 64 areas of the devolution settlement with Wales. There are 24 areas that we want to discuss further with the Welsh Government, to come to an agreement on how best to ensure that common rules apply across the UK, so that Welsh businesses are protected and can market their products across the rest of the UK.

Earlier this week, the long-awaited Government amendments to clause 11 of the EU (Withdrawal) Bill were published. Despite assurances and promises, they were published without the consent, support or agreement of the devolved Administrations. Is it still the Government’s policy to obtain the consent of the devolved Administrations? If further agreement is reached, will the Secretary of State bring forward further amendments?

The hon. Gentleman is referring to amendments tabled to clause 11 in the other place. Commitments were made that amendments would be tabled, and that is exactly what we have done. If we had not tabled those amendments, we would have been criticised. As I have said in this Chamber and elsewhere, we are determined to work with the devolved Administrations to come to an agreement, but it is the UK Government that have the interest of looking after the whole UK. It is the UK Government that want to act in the interests of businesses and communities to ensure that a Scottish business can sell or buy products in Wales under the same regulations, where a common UK market matters.

One of the reasons why continuity Bills have been brought forward is that there is no agreement in the Joint Ministerial Committee on this blatant Westminster power grab, but that has not stopped the UK Government pressing ahead anyway. Does the Secretary of State agree that no deal can be agreed on new powers unless there is agreement at the JMC?

I am hoping the agreement of the devolved Administrations will come as soon as possible. I am not going to tie it down to any one particular Joint Ministerial Committee meeting, but the one last week was another positive engagement between Administrations. I have been in this position before, when it was predicted that I would not get a legislative consent motion for the Wales Bill as it was progressing through Parliament. This can be done only by constant hard work and engagement, as well as optimism on both sides—acting in the interests of businesses and communities, not in the interests of politicians.

Will my right hon. Friend confirm that not only is there not a power grab, but there will be a significant increase in powers to the devolved Administrations as Britain leaves the European Union?

My hon. Friend is absolutely right. There is no intention of any power grab. Of the 64 areas that relate to Wales, we have already said that 30 will pass to the devolved Administration without the need for any further agreement, or at the very most only an informal agreement between the UK Government and them, but there are 24 areas in which it is in the interests of businesses in Wales, Scotland and Northern Ireland, as well as in England, to have common practices so that we can protect the UK market; 80% of Welsh output is sold to the rest of the UK.

Does the Secretary of State recall that Wales as a principality and the United Kingdom as a nation voted to leave the European Union and that, rather than talking about EU continuity, we should therefore be focusing on how to strike the best deal for Britain on leaving the EU, particularly to be ready and prepared on day one at the Dover frontline?

The hon. Gentleman rightly points out that Wales voted to leave the European Union, and we have an obligation to act on that instruction from the referendum. This is also an opportunity to highlight that 80% of output from Wales goes to the rest of the UK, and Scotland sells four times more to the rest of the UK than it sells to the rest of the European Union. On that basis, protecting the UK market must be a priority, and acting in the interests of businesses and communities is our priority.

Will my right hon. Friend update the House on the advantages to Wales of having a common market across the whole United Kingdom?

My hon. Friend is absolutely right. Much focus is understandably and rightly placed on selling and trading with the European Union, but the most important market to Wales is the UK market—with eight out of 10 lorries of output from Wales and complex supply chains—and this is only right. Only two weeks ago, we recognised that the investment of Toyota in Derbyshire will have major positive impacts on the Toyota plant making engines on Deeside.

I am disappointed that the much-promised UK Government amendment to the power grab in clause 11 of the European Union (Withdrawal) Bill, tabled by the right hon. Gentleman’s Government in the House of Lords on Monday, states that UK Ministers will merely consult Welsh Government Ministers, not seek their consent. In so doing, his Government have changed the fundamental principle of the devolution settlement against the settled will of the people of Wales.

I do not recognise the statements made by the hon. Lady. The amendment tabled in the other place is a significant one. It recognises that powers automatically fall to the devolved Administrations, but also introduces the prospect of bringing them in centrally to protect the UK common market, which is in the interests of Welsh business. I have had the privilege of sitting in front of a number of expert panels of industry representatives, and we are acting in the way they are calling for, rather than in the way that some politicians who are more interested in the powers are calling for.

I thank the Secretary of State for his response, but the UK Government have said that the amendment merely creates a temporary place for the 24 powers to be kept—in a freezer—until new arrangements are discussed. If this is a temporary measure, why permanently alter the Government of Wales Act 2006?

Protecting the UK market is absolutely a priority for us. The hon. Lady will have food producers in her constituency who want to sell their products in England according to common practices on food labelling. That is an example of the area of policy on which we are seeking to get agreement. We will continue to work hard with the devolved Administrations to get agreement, but only the UK Government can act in the interests of the whole UK, not some politicians in other areas who are seeking to represent a regional dimension only.

Last week, the Secretary of State published a list explicitly outlining which powers Westminster intends either to hoard or to dole out, as it sees fit. This week, he published a set of amendments to clause 11 of the withdrawal Bill, without gaining the agreement of either of the devolved nations. Will he explain how that is anything other than a power grab?

In the first instance, that list is still subject to discussion, as clearly stated in the headings under the three various sections. I am also pleased to say that the devolved Administrations in Scotland and Wales recognised that we wanted to publish that list and supported our publication of it, while not necessarily recognising the three elements of it. That demonstrates the positive way in which we seek to work with the devolved Administrations to get agreement. It is only the UK Government who can act in the interests of the whole UK.

Today the Welsh EU continuity Bill will be subject to the first stage of the expedited legislative timetable. If it passes, debates over the power grab will be forced out of this Chamber and into the courts. Will the Secretary of State confirm whether he intends to fight us in the courts?

As I said in my initial answer, I do not think that the continuity Bill is necessary. The Welsh Government have also said that they would prefer not to pursue it. I genuinely believe that there is enough good will between all Administrations to come to an agreement. After all, if we focus on the needs of businesses and communities, we will achieve a positive outcome. It is when politicians focus on the powers rather than on outcomes that things go wrong.