European Union (Withdrawal) Bill

Debate between Stephen Doughty and Alistair Carmichael

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Stephen Doughty]

I would gently say to the hon. and learned Lady that I do not think she fully understands the legislation or the devolution settlement. The big point that was made by the Secretary of State for Wales in the passing of the Wales Act 2017 was about the permanency of the Assembly and the Welsh Government and their powers and responsibilities. This Bill undermines all that. It opens up a back door to allow the UK Government to amend, by Executive fiat, the very legislation that establishes the Welsh and Scottish Governments and the two legislatures. That is an extraordinary situation, and it should not be the case.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I agree with the thrust of the hon. Gentleman’s argument, but in relation to a point made earlier, why would anyone in this House ever give powers to or take back powers from the Scottish Parliament, the Welsh Assembly or the Northern Ireland Assembly without the proper scrutiny of this Chamber?

[Stephen Doughty]

Indeed. I might have taken some Ministers at their word in the past, but there are others who would love to take back powers or to act without reference either to this Chamber or to the Chambers of the devolved legislatures, as we have seen on a whole series of issues. Ultimately we would end up in the Supreme Court, wasting lots of taxpayers’ money and in dispute. That cannot be the way to keep stability in the constitutional settlement.

My amendments are in no way intended to wreck the Bill or to undermine the process that the Government have set out, but they are absolutely essential to maintaining a stable settlement with Wales, Scotland and Northern Ireland. The events of the past 36 hours have shown why the Government have simply not paid enough serious attention to the unintended consequences of their various grand rhetorical statements. I will therefore seek to press amendment 158 to a vote at the appropriate time.