A Westminster Bill expected to be published this week will
seriously undermine devolution and may lead directly to the break-up of the United Kingdom, a senior Welsh Government Minister has warned.
Jeremy Miles, the Counsel General and Minister for European Transition, says he will study the 海角视频 Internal Market Bill in detail before deciding whether its potential implications for the devolution settlement could be challenged in the Supreme Court.
Mr Miles is angry that 海角视频 Cabinet Office Minister Michael Gove, with whom he attended a meeting of the Joint Ministerial Council last Thursday, has failed to provide the Welsh Government with advance sight of the Bill, which will set out the 海角视频 Government鈥檚 blueprint for trade within the 海角视频 after Britain leaves the EU鈥檚 single market and customs union at the end of 2020.
Based on the contents of a 海角视频 Government White Paper published in July, Mr Miles has particular concerns about four ways in which he believes the Bill may grab back powers from Wales.
He said: 鈥淚t would limit the power of the Senedd to control what goods can be put on the market in Wales. At present we have the power to decide whether to ban the sale of single-use plastic items, for example. Under the 海角视频 Government鈥檚 proposals, we would lose the right to stop such items being sold if they were allowed elsewhere in the 海角视频.
鈥淲ales would also be forced聽 to accept lower standards on animal welfare and environmental protection if another country in the 海角视频 wanted to do that in line with what is known as he principle of mutual recognition.
鈥淪econdly, the 海角视频 Government wants to make the principle of state aid one that is reserved to it rather than, as at present, one that is devolved to Wales and the other 海角视频 nations. This would be a serious roll-back of the Senedd鈥檚 powers. We in Wales should have the power to determine the subsidies we make to businesses and parts of the economy.
鈥淭he 海角视频 Government also wants procurement policy to be taken out of Wales鈥 hands and reserved to Westminster.
鈥淭his could stop future initiatives on procurement policy from being taken forward in Wales.
鈥淔ourthly, the 海角视频 Government has referred to new powers of expenditure in Wales that it wants to claim back for itself. This could refer to infrastructure projects that would currently be the responsibility of the Welsh Government. It鈥檚 a spending power that would be additional to the Shared Prosperity Fund [that is due to take over responsibility for regional aid from EU structural funds, and whose format has not so far been announced].
鈥淭he 海角视频 Government has tried to convey the narrative that Wales will be getting more powers as a result of the Bill, but in fact the reverse is very likely to be the case.鈥
Mr Miles said: 鈥淚 asked Mr Gove whether it would be possible for us to have sight of the Bill in advance, given its potential very serious implications for the devolution settlement, but I got no response.
鈥淲e have repeatedly emphasised that we are happy to discuss arrangements for a 海角视频 Internal Market as equals, but our perception is that the 海角视频 Government wants to have control and determine how the rules operate.
鈥淭his would be a big roll-back of devolution and is very likely to accelerate the break-up of the 海角视频.鈥
When it was put to Mr Miles that Welsh Conservative backbencher Craig Williams has said he does not believe a trade deal with the United States would pass through Parliament if it insisted on the sale of American food products like chlorinated chicken and beef from hormone-injected cattle, the Minister said: 鈥淲e can鈥檛 base our response to primary legislation on the good intentions of Tory backbenchers.
鈥淐onservative MPs have opposed protections for our farming industry that they could have voted for in the House of Commons.鈥
According to a procedure known as the Sewell Convention, the devolved nations can allow the 海角视频 Government to pass laws relating to them by voting for a legislative consent motion.
Mr Miles said: 鈥淚 am sure the Senedd would not grant legislative consent to a Bill if it contains the proposals we believe are likely to be in it.鈥
Asked whether there would be scope to challenge the roll-back of powers in the Supreme Court, Mr Miles said: 鈥淚t鈥檚 impossible to say until we get the opportunity to study the way the Bill has been drafted, but we shall certainly be looking at its contents very carefully.鈥
A spokeswoman for the 海角视频 Government said: 鈥淲e鈥檝e been clear that we will be legislating to protect the 海角视频鈥檚 vital internal market when the Transition Period ends [on December 31].
鈥淭his will protect trade and jobs and ensure that goods can continue to travel barrier-free throughout the 海角视频, as has been the case for hundreds of years.
鈥淔ollowing our consultation, we are now preparing this legislation. Further details will be confirmed in due course.鈥
