Julie James 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.