(Title Image: Senedd Cymru)
After being unavoidably split across two days due to technical issues yesterday, the Senedd continued it’s discussion today on whether to grant its consent to the UK Internal Market Bill.
Under a constitutional convention (a glorified gentlemen’s agreement) known as the Sewel Convention, devolved parliaments need to be asked their consent if the UK attempts to pass a law affecting devolved policy areas.
Counsel General & Brexit Minister, Jeremy Miles MS (Lab, Neath), said the debate was held back until the last minute in the hopes the UK Government would see sense in the face of opposition.
While some of the amendments in the House of Lords made the Bill more palatable, they were – as expected – overturned when the Bill went back to the UK House of Commons.
The Welsh Government’s recommendation – backed by the findings of three Senedd committees (summarised here) – was for the Senedd should withhold consent.
He went on to say that the Bill neuters Welsh legislation; enables the UK Government to make financial interventions which work against the political priorities of the Senedd and doesn’t – despite claims to the contrary – increase the Senedd’s powers. If anything it takes them away, particularly concerning state aid.
Despite presenting alternative proposals based around common frameworks agreed jointly by the UK’s four governments, it was clear to the Counsel General that the motivations behind the Bill had little to do with economic concerns, but a desire to “centralise power and hobble the freedom of this Senedd to do the job it was elected to do”.
The Bill is an attack on devolution and, in his mind – and the minds of many others – will speed up the dissolution of the UK.
Shadow Brexit Minister, Darren Millar MS (Con, Clwyd West) accused opponents of trying to stifle Brexit. The Bill doesn’t centralise powers but instead provides an orderly transfer of power from Brussels whilst protecting the UK’s internal market. It also maintains current standards in a range of areas, while it was also “perfectly sensible” for state aid powers to be transferred to the UK Government.
Caroline Jones MS (Ind, South Wales West) said there had to be a sensible agreement on the free movement of goods and services within the UK; we couldn’t have a free for all where UK nation competes against UK nation.
Several members noted that the Bill at least partially overturns the 2011 referendum of law-making powers.
Alun Davies MS (Lab, Blaenau Gwent) described it as the most dishonest and destructive pieces of legislation during his time in office. He – and the Welsh Government – weren’t opposed to an internal market in principle, but there are no issues with cross-border trade and the Bill was a solution trying to find a problem. Bleakly, he said “devolution is dead” if the law reaches the statute book.
Not all Conservatives were supportive.
David Melding MS (Con, South Wales Central) described it as rushed and badly thought through regarding its constitutional implications and makes the exercise of devolved powers more difficult. That said, he believed the Bill was more clumsy than malign. Perhaps the most important point was that while opposition to the Bill from the SNP is expected, opposition from a unionist Labour government shouldn’t be ignored. He confirmed he would vote against granting consent.
While, in principle, the devolved parliaments withholding consent would mean the UK Government going back to the drawing board, in practice there’s no formal constitutional requirement for them to do so.
As mentioned, David Melding voted against. The biggest surprise was Deputy Culture Minister, Dafydd Elis-Thomas (Ind, Dwyfor Meirionnydd), voting in favour along with Rhianon Passmore MS (Lab, Islwyn).