Healthcare (International Arrangements) Bill — House of Lords, 2019-02-21
Topic: Government Operations
Christine Humphreys (Liberal Democrats, Centre to centre-left): My Lords, I apologise for not being able to take part on Second Reading This group contains two amendments in my name and that of my noble friend Lady Jolly and a further amendment in the names of the noble Baroness, Lady Thornton, and my noble and learned friend Lord Wallace of Tankerness, which I also support Amendment 30A seeks to ensure that the Government may not by regulation repeal or revoke primary legislation made by the devolved legislatures without their consent. Amendment 30B seeks to ensure that the Acts passed in this Parliament giving powers to the devolved legislatures may not be modified without their consent. It could be argued that this is what the Bill tries to do I am grateful to the Minister for her response to a question posed by the noble Baroness, Lady Finlay, in Committee on Thursday. However, I would like to use my two amendments to open further discussion around the issue of legislative consent by the devolved Administrations and how this is impacted by the Bill. In the light of the Minister’s response on Tuesday, which was made after my amendments were tabled, I shall keep my contribution relatively short at this stage Many noble Lords have already spoken about the wide-ranging powers conferred on the Secretary of State by Clause 2(1)—powers which the Delegated Powers Committee described as "inappropriately wide" and as having "breath-taking scope". As that committee pointed out in its report of 14 February, its conclusions were supported by the Constitutional and Legislative Affairs Committee of the National Assembly of Wales on the Welsh Government’s legislative consent memorandum on this Bill, where these inappropriately wide powers can be seen to have an impact on the devolved legislatures This House’s Constitution Committee records the decision of the Scottish Parliament to agree to an LCM in these "exceptional circumstances". However, it also records that the Welsh Government have so far declined to give their legislative consent. It describes the Welsh Minister for Health and Social Services, Vaughan Gething AM, as expressing particular concern about Clause 2 because it, "doesn’t require consultation or consent from Ministers in devolved administrations" The Welsh Government would expect to be consulted and their consent sought on this issue because powers over the health service have been devolved to Wales by this Parliament. However, Clause 2 is silent on this and, as such, it is an important omission from the Bill The Welsh Government acknowledge, of course, that an LCM will be required by the UK Government because provisions in the Bill modify or fall within the Assembly’s legislative competence. However, they also note that, "any healthcare agreement entered into on behalf of the UK will affect the NHS in Wales and this legislation will therefore have a significant impact on a devolved policy area"— and, one might add, potentially a significant impact on their finances too if they are expected to implement a UK policy that they have not budgeted for Rightly, the Welsh Government seek assurances from the UK Government to ensure that the Welsh Government are involved in matters that affect devolved areas in Wales and that this is recognised in the Bill The Minister said on the first day in Committee that she is in advanced discussions with the Welsh Government and that she hoped to be able to report back on this in more detail on Report, so I will not detain the House any further today on this issue. I merely wished to outline my concerns and draw your Lordships’ attention to them at this stage. I look forward to that further debate that she promised. I beg to move.