Leaving the EU: Scotland and Wales Continuity Bills

Christina Rees Excerpts

Wednesday 18th April 2018 Commons Chamber

[The Attorney General]

I certainly agree that, whatever the views of any Member of this House, the practical reality is that, before the UK has another opportunity to consider whether Scotland, Wales or anywhere else should be independent, the UK will leave the EU. We therefore need to address the questions that arise about a workable system of rules, regulations and laws that will apply on the day we leave. That is what the withdrawal Bill seeks to do, and the complications that the continuity Bills cause simply have to be addressed.

[Christina Rees (Neath) (Lab/Co-op)]

I thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) for applying for the urgent question and you, Mr Speaker, for granting it.

The UK Government’s challenge to the legality of the emergency Brexit Bills passed by the devolved Governments in Scotland and Wales rightly merits consideration in this House. Crucial policy areas currently dealt with in Brussels, such as agriculture, food labelling and air quality, are affected. They will have a great impact on people’s lives in the years ahead.

On those EU powers in devolved areas, there has been widespread concern for some time that Brexit legislation affecting the devolved Governments will be used as an opportunity for a power grab by the UK Government.

I ask the Attorney General to answer a number of questions. First, can he confirm the estimated legal costs of the challenge being brought by the UK Government? Secondly, will he confirm, even at this stage, whether a flexible approach can still be taken to finding a settlement that would resolve the matter? Crucially, does he agree that protecting our devolution settlement is vital and that, on UK-wide matters such as these, reaching solutions by consensus is the better way by far of resolving things? Finally, will he commit to withdrawing his referral to the Supreme Court if the hoped-for consensus is achieved through the Joint Ministerial Committee?

[The Attorney General]

Let me deal with the hon. Lady’s questions in turn. I apologise to the hon. and learned Member for Edinburgh South West (Joanna Cherry), who also raised the question of costs, which I did not address. I cannot give a figure for how much the challenge will cost, but hon. Members will recognise that, where there is a legitimate question about a devolved Administration’s competence to do what they have done, the devolution settlement provides for a mechanism, which we are using here. It is therefore envisaged in the settlement that where a problem occurs, that is how we deal with it. I do not deny that there will be a cost, but it is part of the devolution settlement that that is how we should resolve disputes when they arise.

The hon. Member for Neath (Christina Rees) asked me about the necessity for a flexible approach to settlement, and I agree. Certainly as far as the UK Government are concerned—and, I believe, as far as devolved Governments are concerned—that is very much the spirit in which the continuing negotiations are being approached. I remain optimistic, and I hope others are too, that we can settle the matter in that way.

The hon. Lady said that it was crucial to protect the devolution settlement. Again, I make the point that the process that we are undergoing is part of the devolution settlement. It is the mechanism that the devolution settlement set out for dealing with such concerns.

On withdrawal of the reference, I hope I made the position clear in my initial remarks. If we can reach an acceptable agreement—I very much hope that we will—and, flowing from that, the continuity Bills in Scotland and Wales no longer have effect, the Government would seek to withdraw the references.