MS, Counsel General and
Minister for Delivery: This statement sets out the Welsh
Government's Principles on UK Legislation in devolved areas. The
previous version was published in 2021.
I have shared these principles with the Legislation, Justice and
Constitution Committee and with UK Government in the past
week.
These principles are intended to provide a basis both for
supporting constructive discussions with the UK Government on UK
legislation which has regard to devolved matters – building on
the significantly more positive and welcome engagement that has
developed over recent months – and for recommendations which
Welsh Ministers make to the Senedd in respect of legislative
consent for such legislation in line with Standing Order 29.
Our starting principle remains that primary legislation in
devolved areas should be enacted by the Senedd. This refreshed
version of the principles goes further, however, and reflects the
same position for UK secondary legislation explicitly:
legislation in devolved areas should be enacted by the Welsh
Ministers where there is executive competence.
I believe that articulating a single, streamlined approach to all
UK legislation – primary and secondary – will support consistency
and transparency.
The principles continue to recognise that there are circumstances
where UK legislation might appropriately include provision for
Wales in devolved areas with the consent of the Senedd, or with
the consent of the Welsh Ministers in the case of subordinate
legislation - there may be situations in which this is in the
best interests of Wales.
We have taken the opportunity to improve transparency further
by:
- Clarifying our position on the time frame considerations
which may be relevant to considerations around UK legislation;
- Strengthening our position that UK legislation should not
introduce new reservations or constraints in relation to
the devolution settlement;
- Reflecting that the governance of cross-border bodies should
provide a meaningful role for the Welsh Government which
safeguards devolution and democratic accountability.
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