Senedd warned reliance on UK laws is eroding Welsh scrutiny
Senedd members have warned a continued reliance on UK laws in devolved areas is eroding the Welsh Parliament’s crucial role in scrutinising legislation.
Labour’s Mike Hedges reiterated concerns about the Welsh Government regularly relying on UK bills to make laws in devolved areas rather than introducing bills in the Senedd.
Mr Hedges, who chairs the cross-party legislation committee, made the comments as Senedd members signalled consent for the UK mental health bill on October 7.
The Senedd is asked to consent to UK laws, though it is not binding, rather than being able to scrutinise and amend a bill line-by-line as it would with Welsh legislation.
Mr Hedges told the debating chamber: “The committee believes that a democratic deficit is emerging as a result of the government’s approach in this area….
“We consider that the use of this bill to make provisions in the area of mental health – which is a devolved policy area – contributes to that unwelcome deficit.”
‘Designed for England’
He added: “The approach taken by the Welsh Government has the effect of sidelining the Senedd as a legislature and preventing elected members… from having an opportunity to scrutinise the detail of the legislation.”
Questioning why Welsh and UK ministers could not legislate in parallel, Mr Hedges said: “The committee considers that the best way to achieve outcomes that are in the best interests of Wales is to legislate by means of a Welsh Government bill in the Senedd.
“It is unclear to the committee how the approach taken by the Welsh Government of piggybacking on legislation designed for England respects devolution to Wales.”
While concerns were raised about Westminster legislating on Wales’ behalf, the Senedd ultimately supported consent – concluding the bill’s content was too important to reject.
James Evans, the Conservatives’ shadow health secretary, said: “This legislation is needed and it’s going to make a real difference to many people right the way across the country.”
And his Plaid Cymru counterpart Mabon ap Gwynfor similarly recognised an urgent need to grasp a “long-overdue” opportunity to strengthen mental health law.
‘Once in a generation’
The Welsh Government defended its approach, recommending consent to the bill on the basis that Westminster would provide an estimated £425m to cover the costs.
Sarah Murphy described the bill as a once-in-a-generation chance to bring the Mental Health Act 1983 into the 21st century, with a focus on inequalities and autonomy.
Pointing to constitutional safeguards, Wales’ mental health minister said: “The provisions in this bill, and indeed in the 1983 Act, relate to both reserved and devolved areas.
“The interface… for example between the criminal justice system and health services means the UK bill is the appropriate mechanism to deliver these policy changes.”
She apologised for a lack of time for scrutiny due to key documents being published at short notice, explaining the timing was out of Welsh ministers’ hands.
Ms Murphy, who briefly chaired the legislation committee, recognised concerns about relying on UK bills but emphasised her belief that providing consent was in Wales’ best interests.
By Chris Haines, ICNN Senedd reporter
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