European Union (Withdrawal) Bill

Debate between Stephen Doughty and Angus Brendan MacNeil

Committee: 4th sitting: House of Commons
Monday 4th December 2017 Commons Chamber

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The hon. Gentleman is making a good speech showing up the deficiencies of the Welsh Assembly and the Scottish Parliament. Does he agree that current events show the vastly advantageous situation in which Ireland finds itself? Its Parliament is not dependent on this place but is actually pulling the strings and telling this place what to do, and this place has to listen.

[Stephen Doughty]

I do not want to get too drawn into conversations about the state of the negotiations. I have already said that they are absolutely shambolic. Members from Northern Ireland are present and I am sure that they will contribute, if they wish to do so, and there will be a great number of debates on Wednesday.

I am absolutely clear, however, that Wales should not be treated less favourably than any other part of the United Kingdom. I am sure that Scottish Members would say the same about Scotland. Whether that relates to debates about remaining in the single market and the customs union—I believe that we should do so—or to other areas of legislative competence or to funding, about which this place has had many lively debates, Wales deserves to be treated as an equal. The First Minister, Carwyn Jones, is absolutely right to have made that absolutely clear this evening, given the shambolic events in Brussels today.

To return to the advice given to Assembly Members, its chief legal adviser has said that the Bill means that, effectively,

“London could step in and make law for Wales on devolved matters”.

The Bill does not stipulate that that would be subject to the agreement of the Welsh Government or the Assembly. In some cases—I am trying to be charitable—constitutional conventions, such as the Sewel convention, would apply, but the reality is that we are expected to take these matters on trust, when we could be legislating for them and getting the Bill’s detail right.

David Rees, a Welsh Labour Assembly Member and Chair of its External Affairs and Additional Legislation Committee, has said:

“If this Bill does seek to constrain the Assembly’s powers, then it could be seen as undermining devolution and the democratic will of the Welsh people, as expressed in the 2011 referendum on full law-making powers for Wales.”

When we talk about referendums, we need to be clear that they all have value and importance. We need to listen to them all, not just one, and not just interpret them as we see fit. Scottish colleagues have also said as much, with the Scottish Brexit Minister saying very clearly:

“The current proposals are a direct threat to the devolution settlement which the people of Scotland overwhelmingly voted for”.

We are talking about different mandates and our democracy; let us make sure that we listen to all parts of that democracy, not just some of them.

The Library clearly states:

“Matters of devolved competence are effectively reserved in this Act of UK Parliament… Devolved competence frozen…which will go out of date over time… No statutory basis for discussing and making new frameworks.”

That is why Labour Front Benchers’ new clauses 64 and 65 are so important. We need to give statutory effect to those frameworks, and we need clear guidance and processes. There is a small degree of disagreement among Members of different parties about their impact, but I will not dwell on that. It is clear that we need clear frameworks to debate and discuss these matters.

As currently drafted, clause 11 will amend both devolution Acts for Wales by inserting a new restriction on the competence of devolved legislatures. The Welsh and Scottish Governments consider that those provisions fundamentally cut across the principles of the devolution settlements, which is why the amendments that so many Members have signed would remove those restrictions in clause 11 and schedule 3.

I do not want to get into too much technical detail, but there is a crucial point to be made about the nature of Welsh devolution and how it has developed, particularly in the new Wales Act 2017, some parts of which have yet even to come into effect. I urge Ministers to look carefully at the sequencing. They do not seem to have thought through the commencement dates of different parts of the Act and how they relate to the Brexit process.

The question whether Wales would have reserved or conferred powers was at the heart of the debate about that Act. Mark Drakeford, a Welsh Government Minister, made some clear points about that in his evidence to the Assembly’s External Affairs and Additional Legislation Committee. He said that, essentially, there would be a move backwards from the reserved powers model and that the areas set out in the Bill would be subject to conferred powers. He set out the case very clearly, and I hope that you will excuse me, Sir David, if I quote what he said:

“In the Welsh Government’s view, this is an extremely complex and confusing basis on which to construct a properly-functioning system of legislative devolution. Even if we agreed with the policy behind clause 11, we would have strongly to oppose the way the Bill impacts on the structural foundations of devolution, reversing as it does many of the gains for devolution which adoption of the Wales Act reserved powers model aims to create.”

This is the danger of the Brexit Bill process. Those who drafted the Bill seem to lack an understanding of devolution and the different ongoing processes. Wales, Scotland and Northern Ireland have much in common, but they are different. One big gain we achieved in the passage of the Wales Act was moving to a reserved powers model, which the Scottish Parliament and Government have enjoyed for some time. It seems absurd for that to be suddenly rolled back, changing and creating different categories when we have just set out what we thought was a settlement. That is an absurd situation.

--- Later in debate ---

[Stephen Doughty]

Absolutely. The danger of this place is that we sometimes get into the technical detail, but do not talk about the implications. Fundamentally, this is about where the Welsh Government and the Welsh Assembly have powers over the areas that affect many parts of our lives. When we talk about the impact Brexit could have on the agricultural sector, transport and customs arrangements—look at the debate on Ireland and Northern Ireland today—we need to speak a lot more about how the maritime border between Wales and the Republic of Ireland could be completely messed up, and the effect of the shenanigans and chaos of today’s negotiations on the prospects for Welsh businesses, ports and hauliers. These are real things that affect real lives. They might seem obtuse within this place, but they have an impact in reality.

Finally, I want to reflect on what the Exiting the European Union Committee said in paragraph 77 of its recent report. It was very clear about the problem of trust, and I think that this gets to the heart of the matter. The Government expect us to trust them that everything is going to be okay: there will be no problems; this is all going to fine; and, as I said, it is going to be all right on the night. The Committee said:

“Whilst the Government has said that it plans to work with the devolved administrations to reach agreements on UK common frameworks, the devolved administrations have insufficient trust in the process for agreeing these…relationships and have, accordingly, indicated that they will withhold legislative consent from the Bill. The Government must improve engagement with the devolved administrations. It must reach an agreement with the devolved administrations, which might result in changes to the Bill, setting out how and when…competencies will be devolved.”

What surprises me about this process is that the Government have known about those concerns. They have heard them repeatedly from Welsh and Scottish Ministers. They clearly were not listening to the concerns of some of their Northern Irish colleagues; otherwise we would not have seen today’s mess.

[Angus Brendan MacNeil]

Those concerns have been laid out by the Scottish Government for over a year now. Surely today’s actions by the UK Government show that if they can concede on Northern Ireland with regard to the customs union and the single market, despite the Democratic Unionist party vetoing that, they can make the same offer to Scotland and to Wales.

[Stephen Doughty]

I completely agree. The simple way to resolve all these issues would be for us to stay within the customs union and the single market, to stop messing about, get on with it and remove half the problems that will be created for Wales, Scotland and elsewhere. That is my very clear view.

What I cannot understand is that the Government have been told about these problems repeatedly by Welsh Government Ministers. They have been told about these problems repeatedly by the legal advisers in the devolved Administrations. They have been told about these problems repeatedly by Members of this House. They have had plenty of time to come up with some fixes. Some of these areas are really not that contentious. They are practical. They are not about wrecking the Bill or stopping Brexit; they are about making sure we keep a stable constitutional settlement in these islands.

And yet, where is the evidence that the Government have listened to any of it? So far, there is very, very little. In fact, the Secretary of State for Wales has barely been in here for the debate. Other Ministers have been here for longer. The Secretary of State for Scotland at least had the courtesy to take part in it and make some interventions. The Secretary of State for Wales has been completely absent, apart from about 20 minutes at the start of Bill. I do not think that that shows respect for the people of Wales and for the Members of the Welsh Assembly who have been putting these concerns forward. I sincerely hope that Ministers do listen and come up with fixes to these problems. Otherwise, I can tell them that they will have a very rocky ride on Report and in the other place and that they will have very little, if any, chance of getting the legislative consent motions, which they say they want to receive, from the Welsh Assembly and the Scottish Parliament.