My Lords, I thank the noble Baroness, Lady Bloomfield, for her succinct and clear explanation, and I hope it will not astonish her or your Lordships if I start by congratulating the Government on bringing forward this order—I am not in the habit of congratulating this Government. The order represents a rare example over recent months of the Government working constructively with the Welsh Government to preserve and protect the rights of the Senedd, the elected Parliament of Wales. It is also a reminder, perhaps, of how Brexit has up-ended much of the conventional wisdom about how our constitution should function.
When what was to become the Wales Act 2017 was introduced in the other place in 2016, the assumption was that concurrent powers between devolved and UK Ministers were a constitutional oddity which were on the wane. However, with the regrettable necessity of ensuring that there would be a functioning statute book after the end of the EU transition period, using concurrent powers was agreed by all four Governments in the UK as a necessary way of amending legislation, much of it from before devolution, which is now within devolved competence.
The Wales Act 2006—for which I was responsible as Secretary of State for Wales and introduced—provided for the full-law making powers Wales now has. It contained a provision which is unparalleled in the settlements in Scotland and Northern Ireland: that if the Senedd, in legislating, wished to remove concurrent powers from UK Ministers, it could do so only with their consent—something which is clearly anomalous when we are talking about issues wholly within devolved competence. That is why this Order in Council is necessary: to amend the legislation so concurrent powers created as a result of Brexit-related legislation can be removed by the Senedd if and when it so chooses.
One might imagine that this Government might have decided that this toe-hold was one which could be used in future as a bargaining chip, so I am pleased that a commitment entered into by, I believe, Theresa May’s Government, to bring forward this order has been honoured. I therefore commend this way of working to the Minister as an example of how to deal with the devolved Administrations in future. I make no personal observation about her, because it is her highers and betters who have been responsible for damaging the relationship with the devolved Governments. I commend it rather than, for example, following the appallingly arrogant precedent set by the UK internal market Act —where, as noble Lords will remember, the Government first undertook a tokenistic public consultation on a set of proposals which the devolved Governments had had no prior sight of; next, failed to publish the responses; then introduced a Bill within days of the consultation closing; went on to ignore the closely argued and rational objections of the devolved Governments to their approach; and only after three rounds of ping-pong produced some limited compromise amendments. Now, I understand that, having exhausted the political process, the Welsh Government are taking the Secretary of State to court on the basis that if he had wanted to diminish the Senedd’s powers, he should have done so overtly, not by legislation which pretends to leave them untouched. I am sure that many in your Lordships’ House will wish—as I do—the Welsh Government well.
I conclude by simply asking the Minister whether she recognises the damage done to the United Kingdom by that legislation and whether she agrees that the consensual way of proceeding which we have reflected in the order is a much better precedent for the Government to follow in future.
4.57 pm