The Great Repeal Bill White Paper: Implications for Wales

Key messages of Report

The Committee set out a series of key messages and conclusions under four main headings:

+ Consultation: The Committee said that the evidence it received indicates that there was no meaningful consultation between the UK Government and Welsh Government on the White Paper and that there had been no consultation at all by the UK Government with the Assembly as a legislature on the proposals. It found that this was unacceptable and stated that it expected the UK Government to be more constructive in future.

+ Delegation and control of powers and Assembly Procedure: The White Paper states that the devolved ministers would be given powers ‘in-line’ with those provided to UK Ministers. The Committee set out its views that it was for the Assembly alone to give Welsh Ministers powers to make subordinate legislation in areas of devolved competence and it should be for the Assembly alone to decide what processes it put in place to scrutinise these powers. It stated that the UK Government or Parliament should not seek to delegate powers to Welsh Ministers or restrict the processes the Assembly can use to scrutinise these powers in a Great Repeal Bill without seeking the Assembly’s prior consent and consulting fully with it.

+ UK-wide policy frameworks: The White Paper suggests that some common UK frameworks on areas such as agriculture and fisheries may be needed after Brexit to replicate those currently in place in the EU. The Committee concluded that any future UK-wide frameworks must be agreed between the UK Government, devolved governments and legislatures and must not be imposed by the UK Government in anyway, not even for a time-limited basis.

+ Transparency: The Committee concluded that whilst there was a myriad or technical and constitutional issues that would need to be addressed in a Bill and in legislation on Brexit the Assembly should ‘not lose sight of the fact that decisions taken during this period will have direct and lasting effect on people’s lives’. It stated that it would be incumbent on the Committee and the Assembly to ensure that the process for deciding and determining these issue was a transparent as possible and created opportunities for meaningful engagement and dialogue.
In the context of the UK Government’s White Paper of March 2017, the External Affairs and Additional Legislation Committee of the National Assembly for Wales set up an Inquiry into the Great Repeal Bill and its implications for Wales.

The Committee published a report in July 2017 which aimed to assess:

+ the Assembly’s role in the Brexit legislative process and in scrutinising executive functions in areas of devolved competence was protected
+ principles of effective law making were being observed
+ the Welsh people, stakeholders and organisations had sufficient opportunity to contribute to the legislative processes established by the Bill;
+ the Bill enabled the Assembly to exercise appropriate control over delegated powers provided by the Bill
+ the Welsh Government’s response was sufficient.

In the published report the Committee set out a series of key messages and conclusions under four main headings:

+ Consultation
+ Delegation and control of powers and Assembly Procedure
+ UK-wide policy frameworks
+ Transparency

The Committee concluded that the UK Government had not done enough to consult the Assembly and Welsh Government when preparing its proposals for the Great Repeal Bill.

(Further details below)

• Primary Source

Wales: National Assembly for Wales: Assembly Business: Committees http://www.assembly.wales/en/bus-home/committees/Pages/committees.aspx

ESO: Background information: The Great Repeal Bill and Wales: Reading Between the Lines http://www.europeansources.info/record/the-great-repeal-bill-and-wales-reading-between-the-lines/

ESO: Find more information on Wales and the EU Referendum, 23 June 2016 http://www.europeansources.info/advSearchLink?keyword=brexit%20wales%20&searchOption=all

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

Wales: NAW: Research Service: Blog: In Brief, 19.06.17: What might a Great Repeal Bill mean for Wales? The Assembly’s External Affairs Committee has set out its view on the Legislating for Brexit White Paper https://assemblyinbrief.wordpress.com/2017/06/19/what-might-a-great-repeal-bill-mean-for-wales-the-assemblys-external-affairs-committee-has-set-out-its-view-on-the-legislating-for-brexit-white-paper/

Wales: National Assembly for Wales: Assembly Business: Committees: External Affairs and Additional Legislation Committee: Inquiry into the Great Repeal Bill and its implications for Wales http://senedd.assembly.wales//mgIssueHistoryHome.aspx?IId=018860

Wales: National Assembly for Wales: Pres Release, 19.06.17: UK Government must improve its engagement with Wales if its legislative proposals for Brexit are to succeed http://www.assembly.wales/en/newhome/pages/newsitem.aspx?itemid=1729

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