Westminster power grab ‘an affront to devolution’

Chris Haines – ICNN Senedd reporter

Senedd members criticised a “power grab” from Westminster, describing plans for UK ministers to make laws in areas already devolved to Wales as an “affront”.

The legislation committee raised concerns about the UK Government’s data use and access bill which would give UK ministers regulation-making powers in devolved areas.

Labour’s Alun Davies said the bill, which aims to make better use of data, would repeal regulations in Wales and impose English ones uniformly across both.

The former minister warned: “If UK ministers believe that they should have the right to take decisions and exercise regulation-making powers without the consent of Welsh ministers – that’s a very, very significant affront to the settlement.”

He explained the bill provides powers for UK ministers to act “only in consultation” with the Welsh Government, adding: “Consultation, as we know, means nothing in reality.”

‘Bewildered’

Mr Davies said: “A bill like this tells you all you need to know about the inadequacies of the settlement but I’m genuinely bewildered by the Welsh Government’s approach.”

During a committee meeting on February 3, he suggested the Welsh Government was “piggybacking” on a UK bill and losing its powers as a consequence.

“That seems to me a real dereliction of responsibility,” he said.

Mr Davies asked: “Why on earth … what was the policy objective … that you’re just going to accept the imposition of this in some ways from the UK Government?”

Rebecca Evans, the Welsh Government’s economy secretary, responded: “These are the key issues we’re in discussion with the UK Government on now.”

‘Muddle of powers’

Calling for the Welsh Government to legislate in its own right, Mr Davies said: “It just seems to me that we are creating another muddle on the border, another muddle of powers.”

Ms Evans, who came into post in September, replied: “I don’t sense that this is an area where something’s being done to us, it’s an area where we’re collaborating.”

Pointing to the Welsh Government’s “consent not consultation” principles on UK legislation in devolved areas, she told the committee most of the bill’s provisions are non-devolved.

Mr Davies, a backbencher since being sacked by Mark Drakeford in 2018, said: “We’ve got a new UK Government that made all sorts of assurances prior to the general election about extending the powers of the Senedd … devolving different matters … treating Wales fairly.

“We haven’t seen many of those delivered so far.”

The Plaid Cymru-turned-Labour politician contrasted this with powers being “taken away” from Wales to be exercised by the UK Government.

‘Slippery slope’

Warning Welsh ministers could be overruled on devolved matters under the bill, he said: “This scenario is not something I’m at all comfortable with. I wasn’t comfortable when the Conservatives were suggesting it, I’m not comfortable when Labour is suggesting it.”

Former Plaid Cymru leader Adam Price echoed his concerns, asking: “Are we on a slippery slope here, where England and Wales is once again coming through as a concept constitutionally to areas that we thought we had devolved long ago?”

He pressed the minister on whether she is in favour of the Senedd consenting to the bill, with Ms Evans saying she could not give a recommendation until talks with UK ministers end.

Seeming to prefer to seek compromise rather than set redlines, she described the issues as nuanced with a difference in view between the Welsh and UK Governments.

Labour’s Mike Hedges, who chairs the committee, asked why all the constitutional concerns have not been addressed since the change in UK Government more than six months ago.

‘Ongoing issues’

Ms Evans said some of the concerns with the predecessor data protection and digital information bill have been addressed by the new UK Government.

But she told the committee: “It does remain the case that there are still some ongoing issues that we are in discussion with the UK Government on.”

Ms Evans added: “It’s not the subject matter that we have concerns about, it’s more about those ongoing discussions on constitutional points.”

Senedd members will vote on the bill under the legislative consent motion, or LCM, process.

While the Sewel convention states the UK Parliament would “not normally” legislate on devolved matters without such consent, it is not legally binding.