NDM6712 Rhun ap Iorwerth (Ynys Môn)

To propose that the National Assembly for Wales:

1. Notes the agreement between the Welsh and UK governments on the European Union (Withdrawal) Bill.

2. Further notes that the agreement renders the Law Derived from the European Union (Wales) Bill, passed by a majority in the National Assembly for Wales, redundant.

3. Regrets the fact that the agreement grants the UK Parliament a veto over areas of devolved legislation.

4. Further regrets the agreement's undermining of the Plaid Cymru-Welsh Government White Paper on Securing Wales' Future which states "that the UK exit from the EU must not result in devolved powers being clawed back to the UK Government. Any attempt to do so will be firmly resisted by us".

5. Calls for a meaningful vote in the National Assembly for Wales on the agreement.

European Union (Withdrawal) Bill

Law Derived from the European Union (Wales) Bill

White Paper: Securing Wales’ Future – Transition from the European Union to a new relationship with Europe

The following amendments have been tabled:

Amendment 1. Paul Davies (Preseli Pembrokeshire)

Delete all and replace with:

To propose that the National Assembly for Wales:

Welcomes:

a) the agreement between the Welsh and UK governments on the European Union (Withdrawal) Bill;

b) that this will protect the UK internal market and ensure no new barriers are created within the UK for consumers and businesses;

c) that this means the vast majority of EU powers that intersect with devolved competences will go directly to the devolved parliaments and assemblies when the UK leaves the EU;

d) the duty placed on UK Ministers to seek the agreement of the devolved legislatures each time they propose to make regulations to put a policy area into the clause 11 “freeze”;

e) the time-limit introduced on the temporary constraint on devolved competence; and

f) that this means the Welsh Government will now recommend that the National Assembly for Wales pass a legislative consent motion for the EU (Withdrawal) Bill.

[If amendment 1 is agreed, amendment 2 will be de-selected]

Amendment 2. Julie James (Swansea West)

Delete all after point 2 and replace with:

3. Agrees that this positive outcome to the negotiations with the UK Government secures the National Assembly’s powers over devolved policies in the changing circumstances created by Brexit and entrenches the Sewel convention, based on a default position that changes to the Assembly’s competences require the Assembly’s consent.

4. Welcomes the fact that any UK wide frameworks to replace the current EU frameworks will be freely negotiated between the governments and will be subject to the Sewel convention; and that while these frameworks are being negotiated, no government, including the UK Government in respect of England, will be able to introduce legislation which departs from the status quo.

5. Notes further that the National Assembly will have the opportunity for a meaningful vote on the agreement when it considers the Legislative Consent Motion to be brought forward by the Welsh Government.

The item started at 15.48

Voting on the motion and amendments under this item was deferred until Voting Time.

A vote was taken on the motion without amendment:

NDM6712 Rhun ap Iorwerth (Ynys Môn)

To propose that the National Assembly for Wales:

1. Notes the agreement between the Welsh and UK governments on the European Union (Withdrawal) Bill. 

2. Further notes that the agreement renders the Law Derived from the European Union (Wales) Bill, passed by a majority in the National Assembly for Wales, redundant. 

3. Regrets the fact that the agreement grants the UK Parliament a veto over areas of devolved legislation.

4. Further regrets the agreement's undermining of the Plaid Cymru-Welsh Government White Paper on Securing Wales' Future which states "that the UK exit from the EU must not result in devolved powers being clawed back to the UK Government. Any attempt to do so will be firmly resisted by us".   

5. Calls for a meaningful vote in the National Assembly for Wales on the agreement.

For	Abstain	Against	Total
7	0	39	46

The motion without amendment was not agreed.

The following amendments were tabled:

Amendment 1. Paul Davies (Preseli Pembrokeshire)

Delete all and replace with:

To propose that the National Assembly for Wales:

Welcomes:

a) the agreement between the Welsh and UK governments on the European Union (Withdrawal) Bill;

b) that this will protect the UK internal market and ensure no new barriers are created within the UK for consumers and businesses;

c) that this means the vast majority of EU powers that intersect with devolved competences will go directly to the devolved parliaments and assemblies when the UK leaves the EU;

d) the duty placed on UK Ministers to seek the agreement of the devolved legislatures each time they propose to make regulations to put a policy area into the clause 11 “freeze”;

e) the time-limit introduced on the temporary constraint on devolved competence; and

f) that this means the Welsh Government will now recommend that the National Assembly for Wales pass a legislative consent motion for the EU (Withdrawal) Bill.

[If amendment 1 is agreed, amendment 2 will be de-selected]

A vote was taken on amendment 1:

For	Abstain	Against	Total
14	0	32	46

Amendment 1 was not agreed.

Amendment 2. Julie James (Swansea West)

Delete all after point 2 and replace with:

3. Agrees that this positive outcome to the negotiations with the UK Government secures the National Assembly’s powers over devolved policies in the changing circumstances created by Brexit and entrenches the Sewel convention, based on a default position that changes to the Assembly’s competences require the Assembly’s consent.

4. Welcomes the fact that any UK wide frameworks to replace the current EU frameworks will be freely negotiated between the governments and will be subject to the Sewel convention; and that while these frameworks are being negotiated, no government, including the UK Government in respect of England, will be able to introduce legislation which departs from the status quo.

5. Notes further that the National Assembly will have the opportunity for a meaningful vote on the agreement when it considers the Legislative Consent Motion to be brought forward by the Welsh Government.

A vote was taken on amendment 2:

For	Abstain	Against	Total
38	0	7	46

Amendment 2 was agreed.

A vote was taken on the motion as amended:

NDM6712 Rhun ap Iorwerth (Ynys Môn)

To propose that the National Assembly for Wales:

1. Notes the agreement between the Welsh and UK governments on the European Union (Withdrawal) Bill. 

2. Further notes that the agreement renders the Law Derived from the European Union (Wales) Bill, passed by a majority in the National Assembly for Wales, redundant. 

3. Agrees that this positive outcome to the negotiations with the UK Government secures the National Assembly’s powers over devolved policies in the changing circumstances created by Brexit and entrenches the Sewel convention, based on a default position that changes to the Assembly’s competences require the Assembly’s consent.

4. Welcomes the fact that any UK wide frameworks to replace the current EU frameworks will be freely negotiated between the governments and will be subject to the Sewel convention; and that while these frameworks are being negotiated, no government, including the UK Government in respect of England, will be able to introduce legislation which departs from the status quo.

5. Notes further that the National Assembly will have the opportunity for a meaningful vote on the agreement when it considers the Legislative Consent Motion to be brought forward by the Welsh Government.

For	Abstain	Against	Total
39	0	7	46

The motion as amended was agreed.