European Union (Withdrawal Agreement) Bill

Lord Wigley Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 13th January 2020 Lords Chamber

[Lord Wigley (PC)]

My Lords, I salute the stalwart work undertaken by the noble Lord, Lord Dubs: more power to his elbow. I add my congratulations on the two memorable maiden speeches we heard earlier.

I am less than happy to be speaking on this Bill. I wish that the whole wretched Brexit business had never arisen—but we are where we are. We cannot ignore public opinion, but whether this Bill reflects that opinion is quite another matter. That is something we should test, to the limited extent possible in the allocated timeframe, as we determine whether the Bill delivers what we want, or even what the Government themselves want.

The general election was a learning experience. I was out canvassing in Wales on 26 occasions, talking with and listening to voters. It taught me many lessons, one of which is this. While a majority in my home county of Gwynedd voted to remain, a significant number of remain voters felt that the outcome of the referendum had to be respected. So I accept, regrettably, that Brexit is going to happen. What I do not accept is that the electorate, while endorsing Brexit in general terms, have given their backing to all the specific proposals in this Bill, because they still do not know what the outcome of negotiations will be. We may possibly know the outcome by December—perhaps. At that stage, the people will either accept it, or there will be an unholy outcry that it is not the Brexit they were told they would get. That outcry may well come from disillusioned leavers as much as from remainers.

So the Government are on borrowed time. I do not deny that they have a mandate to “get Brexit done”, but aspects of this Bill are open to scrutiny from two perspectives: first, from a UK viewpoint, particularly around the impact of a possible no-deal Brexit on manufacturing exports, trade between Britain and Ireland, and on the working of the courts. Secondly, and of most concern to me, this Bill gives the UK Government power to amend the Government of Wales Act without the consent of Wales’s Senedd. That ties into the uncertainty about how the withdrawal agreement will impact on Wales. There is unease that control over the UK single market will be exercised solely from Westminster, and there is a question of resources. What are the long-term plans for replacing European strategic funds, from which Wales has benefitted greatly? Will this be known by December? It is astounding that such a far-reaching Bill can come to us without an economic impact assessment for Wales or Scotland—or indeed for Britain as a whole.

Reservations have been voiced by the Welsh Government, and there is little willingness among Assembly Members to accept the Bill in its current form. The issues they raise include the use of Henry VIII powers. They seek undertakings that the UK Government will not use powers to amend the Government of Wales Act without the National Assembly’s consent. They are also concerned about the December deadline for transition arrangements. They fear that, in missing the deadline, tariffs will be imposed on Welsh advanced manufacturing and agri-food exports, on which Wales depends to a greater extent than England.

The Welsh Government seek changes to the Bill to ensure transparency and scrutiny by both Parliament and the devolved legislatures as the negotiations proceed, and that agreement of the devolved Governments is obtained prior to ratification. There must be prior consultation on matters such as the state aid regime, reciprocal healthcare, access to Erasmus programmes and EU research funds, issues relating to Wales’s territorial waters, and the ability of business to exchange key workers with EU-based employees of the same company, all of which impact on devolved responsibilities.

Wales’s Government also urge that the one non-executive member of the proposed independent monitoring authority

“who knows about conditions in Wales”—

to use the words in the Bill—should be appointed on the advice of the National Assembly. That was not the point made by the Minister at the start of this debate.

Also, the UK Government need to ensure that their post-EU policies are acceptable to the elected Governments of Wales and Scotland. If Mr Johnson thinks that he can ride roughshod over the two Governments, I am afraid that he is in for a shock. Both Governments are refusing to accede to legislative consent orders without cast-iron assurances that their priorities will be heard. Noble Lords may assure themselves that ultimate power currently remains at Westminster: after all, power devolved is power retained. Ultimately, the UK Government can impose the policies it wishes on Wales and Scotland for however long they remain in this increasingly disunited kingdom. However, such an approach may well ignite the tinder-box, fragmenting the United Kingdom. Yes, Wales and Scotland can be overruled, but that would blow to the United Kingdom to smithereens. If that is the path this House wishes to follow, so be it—but please let it not say that it was never warned.