Government of Wales Act 2006 (Amendment) Order 2021

Baroness Hayter of Kentish Town Excerpts

Wednesday 27th January 2021 Grand Committee

[Baroness Hayter of Kentish Town (Lab) [V]]

I also thank the Minister for introducing the draft Order in Council, which we welcome and are happy to support. It clearly had a long genesis, as evidenced by the reference along the bottom of the Explanatory Memorandum to DExEU, which clearly did the work at that point. I assume this is because the earlier draft was concerned only with some Brexit issues, and that now, as we just heard, the other carve-outs have been added.

Before I ask just a couple of questions, I echo my noble friend Lord Hain and the noble and learned Lord, Lord Thomas of Cwmgiedd, by thanking the Government for the order and the changes in it, which respond to a request from the Welsh Government. As they have said, it seems to reflect a much better dialogue than that witnessed over Brexit and the internal market Bill. I hope it signals a closer working relationship, with regular scheduled meetings at Prime Minister and First Minister level.

This is important, not just for the future of devolution as a living, working, evolving way of our democracy functioning. Especially in these challenging times, it evinces a better way of working together for the future health, welfare and economic recovery of the UK. As we have heard, such working has to be collaborative and reach beyond and above party lines. It means discussing problems facing the UK openly and developing policies together, not just consulting on ones that are already fully formed. If the order is anything to go by, the seeds of that approach appear to have been sown.

The carve-outs in the order for the removal of certain functions from requiring UK ministerial consent, as agreed by the Welsh Parliament, are sensible and welcome. I have therefore only a couple of questions. First, as there remain concerns about the Welsh Government’s reliance on the UK Government to legislate on their behalf, could the Minister confirm that if any further corrections are needed as a consequence of our exit, the Welsh Government will be able to legislate to make such corrections?

Secondly, as the order does not cover concurrent-plus powers over similar functions in the Environment Bill, despite a previous commitment to carve out such powers from Schedule 7B to the 2006 Act, could the Minister undertake that this will be dealt with in the Environment Bill itself, with it being amended along the lines of the order? Given that, as we learned last night, the Government have again delayed the Environment Bill—I think now for the third time—and as it will now not reach your Lordships’ House until just before the summer, there is plenty of time to get it right with regard to the parallel issues to those covered in the order.

Lastly, given that suggestions have been made to the Senedd’s legislation and justice committee that

“the transition period would generate the need for another Order in Council”,

as the noble Lord, Lord Thomas of Gresford, mentioned, could the Minister clarify whether a further order is indeed envisaged?