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Committee criticises legislative consent process as “blunt instrument” as concerns over UK Trade Bill deepen

Owen Donovan by Owen Donovan
October 6, 2020
in Fifth Senedd Brexit & External Affairs
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(Title Image: Senedd Cymru)

The Senedd’s External Affairs Committee has criticised the Legislative Consent Motion process – in which the UK Government requests the Senedd’s permission to legislate in devolved areas – as a “blunt instrument” in a terse report on the UK Trade Bill (pdf).

The Committee say they’re disappointed that the Welsh Government has rolled back from a position supporting the full involvement of the Senedd.

International Affairs & Welsh Language Minister, Eluned Morgan (Lab, Mid & West Wales), has agreed in principle to allowing regulations made under the Bill to come into force automatically (“negative procedure”), while any extension of the “sunset clause” will now likely be decided between the Welsh and UK governments without the Senedd’s permission.

While the Committee commended the Minister for ensuring various intergovernmental commitments on how powers will be used have been restated by the UK Government, the Committee believes the UK Government should be legally-bound to those commitments.

The Committee also criticised the black and white manner in which legislative consent is approached – where it’s either rejected or approved with no opportunity for amendments.

Regarding the Trade Bill itself, the Committee concludes that: “On the one hand, despite some progress, it is clear that many of the concerns we raised….have not been addressed. In one case at least, our concerns have deepened.”

The Legislation & Justice Committee has already criticised the levels of engagement between the Welsh and UK governments over the Bill, which sets out external trade arrangements for the UK after Brexit.

Tags: BrexitLabour
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  • Fifth Senedd Archive
    • Fifth Senedd Brexit & External Affairs
    • Fifth Senedd Culture, Media & Sport
    • Fifth Senedd Devolution & Constitution
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    • Fifth Senedd Environment & Rural Affairs
    • Fifth Senedd Finance, Economy & Transport
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    • Fifth Senedd Health & Social Care
    • Fifth Senedd Housing, Society & Justice
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