A bill to stop devolved powers going to Westminster after Brexit has been passed by Assembly Members.
The Continuity Bill seeks to transfer EU Law in areas already devolved to Wales into Welsh law on the day the UK leaves the EU
The Welsh Government, which proposed the legislation, said it will provide legal continuity and stability, regardless of the disagreements over the UK Government’s EU (Withdrawal) Bill.
Assembly Members voted by a large majority to back the bill last yesterday, Wednesday, March 21.
The bill was introduced because of concerns about the UK Government’s EU (Withdrawal) Bill, which allows the UK Government to take control of devolved policy areas, such as farming and fishing, after Brexit.
A total of 39 AMs backed the bill, 13 voted against and there was one abstention.
First Minister Carwyn Jones said: “Assembly Members have voted convincingly to back our Bill to protect devolution and make sure powers that are currently devolved, remain devolved.
“The UK Government’s EU (Withdrawal) Bill, as currently drafted, would allow them to take control of laws and policy areas that are devolved. This is wholly unacceptable and must change.
“Our strong preference remains for satisfactory, UK-wide legislation with an EU (Withdrawal) Bill which is amended to ensure devolution is respected. However, we have introduced the Continuity Bill because the UK Government has been so slow and reluctant to recognise our legitimate concerns. This lack of progress is a matter of real frustration given that we share the same objectives as the UK Government – to create certainty and ensure there are no barriers within the UK’s own internal single market. But this has to be done through consent, not by imposition.
“It is not too late to reach agreement – although we urgently need to see further progress before we can give our consent to the EU (Withdrawal) Bill. These changes need to be made quickly as the Parliamentary timetable is against us.”
The Welsh Government will not proceed with the implementation of the Continuity Bill if satisfactory agreement is reached on the UK Government’s EU (Withdrawal) Bill.
At that point, Welsh Ministers will recommend the Assembly gives legislative consent to the EU (Withdrawal) Bill and the Continuity Bill can be repealed.
David Melding AM, the former Deputy Presiding Officer, had warned that the Continuity Bill risked undermining ongoing negotiations with the UK Government.
He said: “The Continuity Bill is an unnecessary and unhelpful sideshow which risks undermining the ongoing negotiations with the UK Government.
“It was a parody from the start, with members unable to scrutinise its passage through the Assembly in anything like a proper fashion.
“The UK Government has delivered a considerable and reasonable offer to deliver a smooth and orderly departure from the EU for the whole of the UK.
“Sadly, the Welsh Government allowed itself to be carried away by the SNP on a nationalist whim – instead of acting in the national interest.
“I remain hopeful that an agreement will be reached between the devolved administrations and the UK Government, so that we can put this bogus Bill behind us.
“Fortunately, our constitution allows us to repeal this unnecessary legislation from the statute book once that agreement has been reached.”