NDM7214 Rhun ap Iorwerth (Ynys Môn)

To propose that the National Assembly for Wales:

1. Notes that:

a) the UK is currently due to leave the EU on 31 January 2020;

b) informal trade negotiations between the UK and US concerning a future trade deal has begun, which reportedly include references to the marketisation of patents/NHS drug pricing;

c) international treaties are outside the scope of powers of the National Assembly for Wales;

d) Section 82 of the Government of Wales Act 2006 allows the Secretary of State to direct Welsh Ministers to take any action required for the purposes of giving effect to any international obligation.

2. Believes that:

a) Wales’s future would be best served by continued membership of the EU and that a referendum should be held between remain and a credible leave option;

b) the Welsh NHS should not be forced by the UK Government to open up its market for greater private provision, or have increased drug costs imposed upon it as a result of any international agreement that extends patents and restricts use of generic drugs;

c) a future trade deal between the UK and the US which included provisions relating to the NHS would be a disaster for the Welsh NHS;

d) the health care system in the United States has failed to properly regulate the marketing and prescribing of Opioids, and notes that this inadequate regulatory environment has contributed to over 70,000 deaths in the U.S  from opioid overdoses in 2018, and this is just one example of the dangers of deregulation that could follow a trade agreement written in the interests of US pharmaceutical companies;

e) the UK Government should not be able to direct Welsh Ministers to take actions in devolved fields which have the potential to detrimentally affect Welsh public services.

3. Calls for:

a) the devolved parliaments of the UK to be given a veto over trade matters which have the potential to affect devolved fields;

b) Welsh MPs to support the NHS protection bill due to be introduced in Westminster in the new term;

c) Section 82 of the Government of Wales Act 2006 to be repealed.

Government of Wales Act 2006

The following amendments have been tabled:

Amendment 1 - Darren Millar (Clwyd West)

Delete all and replace with:

To propose that the National Assembly for Wales:

1. Notes that Wales voted to leave the European Union in June 2016.

2. Believes that the outcome of referendums should always be implemented.

3. Welcomes the opportunities for Wales which will arise as a result of new free trade agreements post the United Kingdom's departure from the EU.

4. Recognises that, under the devolved settlement, responsibility for international treaties is a matter for the UK Government.

5. Acknowledges the assurances provided by the UK Government regarding market access to the NHS in future trade deals. 

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

Amendment 2 - Rebecca Evans (Gower)

Delete point 3 and replace with:

Calls for:

a) The devolved institutions to have a formal role in negotiations on international agreements when devolved competence is engaged, applying at all stages of negotiations and having statutory backing.

b) A UK-wide constitutional convention to ensure that future constitutional arrangements reflect this and prevent the UK Government over-riding the National Assembly where it is acting within devolved competence.

Looks forward to the election of a UK Government which is fully committed to safeguarding the NHS in Wales and across the UK.