THE SENEDD signed off on the UK Government’s data bill despite constitutional concerns, with the proposed legislation “completely failing” a key test set by the First Minister.
Senedd Members voted 39-11 in favour of consenting to the data use and access bill, which aims to make better use of data and boost the UK economy by £10bn over the next decade.
But Plaid Cymru members and Labour backbenchers voiced concerns about powers in the bill for UK ministers to make laws in some areas already devolved to Wales.
Alun Davies urged Welsh ministers to withdraw the legislative consent motion or LCM, the means by which the Senedd indicates support for UK laws on devolved matters.
Referring to a speech by Eluned Morgan the same day, which put distance between Labour in Westminster and Cardiff Bay, Mr Davies said the bill fails a test set by the First Minister.
He told the Senedd: “The First Minister was very clear this morning in a speech that she made at the Norwegian church that where the devolved settlement is engaged, unless consent lies with Welsh ministers then consent would not be provided for UK legislation.”
During the debate on May 6, the former minister – now a member of the Senedd’s legislation committee – expressed concerns about the number of LCMs during this term.
He said: “What we are seeing now is an LCM that deals with devolved matters and where the Welsh Government is seceding the settlement… enabling UK ministers to amend Welsh legislation without reference to… Welsh ministers or this parliament.
“And that is unacceptable. It fails, completely, the tests that have been set by the First Minister to support UK legislation.”
The Plaid Cymru-turned-Labour politician added: “I think many Labour members who supported the First Minister this morning will feel very, very difficult about voting for this.”
Mick Antoniw, who was previously counsel general, the Welsh Government’s chief legal adviser, nodded in agreement with much of his colleague’s contribution.
Mike Hedges, the Labour chair of the legislation committee, recommended granting consent but he remained dissatisfied by Welsh ministers “conceding” constitutional concerns.
“This is unwelcome and a serious cause for concern,” he said of delegated powers exercisable solely by UK ministers in devolved areas.
Mr Hedges criticised the “suboptimal” quality and timeliness of the consent process, with the Welsh Government publishing key documents days before the debate.
Delyth Jewell, who chairs the Senedd’s culture and communications committee, expressed concerns about the bill’s potential impact on data sharing between the UK and EU.
Her Plaid Cymru colleague Luke Fletcher warned of “far-reaching” constitutional implications as well as potential for the bill to “dilute” data protection standards.
He told the Senedd: “It’s telling in this respect that the UK Government has refused to share this relevant risk assessment on this matter.”
Rebecca Evans, Wales’ economy secretary, pointed to amendments to strengthen the bill but she recognised the two governments were “not aligned in the devolution analysis”.
Recommending the Senedd supports the bill, which is mostly non-devolved, Ms Evans emphasised the importance of UK-wide regulations.
Labour and the Conservatives supported the motion, with Plaid Cymru voting against and Welsh Lib Dem leader Jane Dodds abstaining. Under the non-binding Sewel convention, the UK Government would “not normally” legislate in devolved areas without such consent.
