This week marks the fifth anniversary of the 2016 EU membership referendum and, naturally, there was a debate in the Senedd on that. There’s one line that’s been repeated quite a lot over the last few years, and more recently, that worth examining.
In the Senedd a few weeks ago, we got this:
“….Wales has received scores of new powers and responsibilities as a result of our departure from the EU. The United Kingdom Internal Market Act 2020 actually cemented powers and gave responsibilities to the Senedd in around 70 policy areas, which came to us directly from Brussels.”
– Darren Millar MS (Con, Clwyd West)
“…..the end of the transition period for the Brexit arrangements and the internal market Bill coming into play – that powers in at least 70 policy areas previously exercised at an EU level will come directly to here in the Senedd. Furthermore, none of the powers currently held by devolved administrations will be removed.”
– Sam Rowlands MS (Con, North Wales)
There are two claims worthy of another look.
Firstly, the statement from both that around 70 additional powers – previously exercised by the EU – have been transferred to Wales because of Brexit and the UK Internal Market Act 2020.
Secondly, Sam Rowlands saying that no powers currently held by the devolved administrations will be/have been removed.
Since 2017, Wales has had a reserved powers model. This means the Government of Wales Act 2006 has been changed to list the policy areas where Wales can’t make any new laws (Schedule 7A).
The only change brought about as a result of the Internal Market Act 2020 is that state aid rules will be explicitly reserved to the UK Government having previously been controlled by the EU. So no powers have been removed – on that point Sam Rowlands is right.
However, like the “up to 70 additional powers”, in practice things are very different.
The Internal Market Act 2020 – which became law despite being refused consent by the Senedd – infamously includes clauses that mean that any of the UK’s four nations have to accept goods from any other part of the UK even if they don’t meet standards or rules set by the respective parliaments.
So if, for example, the Senedd set higher standards for plastic packaging, they still have to accept goods from England, Scotland and Northern Ireland which don’t meet those standards (and the opposite is true).
The same would apply if the UK Government (effectively the English Government in this case) agreed to new trade deals – which, remember, are being negotiated with little to no input from Wales, Scotland and Northern Ireland – that allow much lower standards for imports.
The UK Government doesn’t have to remove devolved powers to undermine them. They just have to shift the goalposts.
