· Consultation: The Committee says that the evidence it received indicates that there was no meaningful consultation between the UK Government and Welsh Government on the White Paper and that there has been no consultation at all by the UK Government with the Assembly as a legislature on the proposals. It finds that this is unacceptable and states that it expects the UK Government to be more constructive in future.
· Delegation and control of powers and Assembly Procedure: The White Paper states that the devolved ministers will be given powers ‘in-line’ with those provided to UK Ministers. The Committee sets out its views that it is for the Assembly alone to give Welsh Ministers powers to make subordinate legislation in areas of devolved competence and it should be for the Assembly alone to decide what processes it puts in place to scrutinise these powers. It states that the UK Government or Parliament should not seek to delegate powers to Welsh Ministers or restrict the processes the Assembly can use to scrutinise these powers in a Great Repeal Bill without seeking the Assembly’s prior consent and consulting fully with it.
· UK-wide policy frameworks: The White Paper suggests that some common UK frameworks on areas such as agriculture and fisheries may be needed after Brexit to replicate those currently in place in the EU. The Committee concludes that any future UK-wide frameworks must be agreed between the UK Government, devolved governments and legislatures and must not be imposed by the UK Government in anyway, not even for a time-limited basis.
· Transparency: The Committee concludes that whilst there is a myriad or technical and constitutional issues that will need to be addressed in a Bill and in legislation on Brexit the Assembly should ‘not lose sight of the fact that decisions taken during this period will have direct and lasting effect on people’s lives’. It states that it will be incumbent on the Committee and the Assembly to ensure that the process for deciding and determining these issue is a transparent as possible and creates opportunities for meaningful engagement and dialogue.