Brexit: Concern at Wales' 'high-risk' approach to new trade law

The Trade Bill provides a framework for the UK government's post-Brexit trade policy

The Welsh Government's approach to agreeing post-Brexit legislation with the UK government is "high-risk and flawed", a report has said.

The Senedd's constitution committee is worried the Trade Bill currently going through Parliament in Westminster could "override" devolution.

Its chairman, Mick Antoniw, said he was "alarmed" that a Welsh minister had not raised concerns with UK counterparts.

The Welsh Government said it would respond to the report "in due course".

The UK government's Trade Bill provides a framework for the UK's post-Brexit trade policy, but because it covers some devolved areas the Senedd will be asked to give its consent to the legislation.

Mr Antoniw called on the Welsh Government "to stand firm" and demand changes to the draft legislation.

• UK-EU trade deal some way off, both sides say

• What's happening in post-Brexit trade talks?

• UK-EU trade talks will be tricky from the outset

The legislation, justice and constitution committee said it was "not content" that the Welsh Government has been prepared to accept non-binding assurances from UK ministers rather than commitments in law.

Its report said the bill would have "significant and potentially long-term implications for key sectors in Wales, including agriculture, fisheries, health and manufacturing".

"We acknowledge that the negotiation of UK-wide trade agreements remains a power reserved to the UK government," it said.

"However, the Welsh Government will be responsible for implementing those trade agreements in devolved areas in Wales, and we do not believe that non-binding intergovernmental agreements are an effective way to safeguard Welsh interests.

"In our view, this is a high-risk and flawed approach."

The committee wrote to the International Relations Minister Eluned Morgan to ask her what representations she made in response to concerns previously raised about the scope of specific powers within the bill.

It was "alarmed" to hear the minister had "not made any representations to the UK government", adding it would have expected her to have had "robust conversations".

Ms Morgan said she had "received assurances" from her counterparts in Whitehall that the UK government would never legislate in devolved areas without consulting Welsh ministers, and these commitments would be repeated at the despatch box in the Commons.

Eluned Morgan said she had "received assurances" the UK government would not legislate in devolved areas

However the committee's report concluded: "We have repeatedly emphasised that it is important to consider what can be done under a particular legislative provision, and not what a government of the time says it will do with a power.

"The UK government's ability to amend Wales' key devolution legislation alone via subordinate legislation is not something that should be negotiated using the non-binding practice of despatch box commitments in the UK Parliament."

A Welsh Government spokesman said: "While we agree that the development of an independent UK international trade policy poses real risks for devolution, we have worked hard to secure concessions from the UK government on this bill in the context of a UK government with a large majority in Parliament.

"We continue to make representations on issues of concern and will come forward with our final views on whether the Senedd should give legislative consent once the bill is in its final stages."