Welsh government 'bypassing Senedd' through UK laws

Criticism has been made about the Welsh government relying on Westminster to make laws that "bypass the Senedd".

Recently there has been a big increase in legislation going through the UK Parliament that covers policies usually controlled from Cardiff Bay.

A report by a cross-party committee said the trend "could undermine the Senedd... and the underlying principles of devolution".

The Welsh government said it was guided by "clear principles".

The complaint came from the Senedd's legislation, justice and constitution committee.

Members of the Senedd (MS) said it was harder for them to see what was going on because of "behind-the-scenes conversations" between the Welsh and UK governments.

Even though the Senedd has powers to pass laws in what are known as devolved areas - such as health, education and transport - sometimes Westminster can legislate on them too.

When that happens, MSs have a chance to let Westminster take the reins by voting for legislative consent motions, but these are "all or nothing" decisions and do not allow the Senedd to go through legislation in detail.

The committee, which is chaired by Labour MS for Ogmore, Huw Irranca-Davies, said there had been a big increase in the number of such motions.

There have been 44 since last May's election, compared to 48 for the whole of the 2016-21 Senedd term.

Recent legislative consent motions also hand over "significantly more" powers, the report said, meaning detailed scrutiny of laws in devolved fields is happening in Westminster and not in Cardiff Bay.

"This has proved frustrating," the report said.

"We would much prefer to have contributed to the improvement of legislation being made in the Senedd as a means of delivering the best possible solutions for communities across Wales - a role for which Senedd members are elected."

It also means MSs cannot ask First Minister Mark Drakeford and his ministers whether they should be relying on this system in the first place.

The committee said some aspects of UK government bills - including on the environment and building safety - should have gone through the Senedd instead.

It added: "Overall, we are therefore concerned that too much legislation in devolved areas is being made in the UK Parliament following behind the scenes conversations between the UK and Welsh governments, bypassing the Senedd's legislative scrutiny functions.

"If this approach continues, which would appear to be the case, there is a danger that it could undermine the Senedd as a legislature and the underlying principles of devolution."

The Welsh government said: "Our fundamental position is that primary legislation in devolved areas should be enacted by the Senedd.

"There are sometimes circumstances where provision in UK bills can be sensible and advantageous, such as if changes are highly technical or if the relevant Welsh and English administrative systems are closely interconnected.

"Our involvement with UK bills is guided by clear principles including that the existing devolution settlement is either protected or enhanced, and we are committed to ensuring the Senedd is afforded as much scrutiny as possible through the legislative consent process."