Rt Hon Elfyn Llwyd, Counsel General
The principle of legislative consent, as set out in the Sewel Convention and section 107(6) of the Government of Wales Act 2006, is central to our devolution settlement. It safeguards the Senedd’s role as Wales’ national legislature and ensures democratic accountability for legislation affecting devolved matters.
Against that backdrop, the King’s Speech on 13 May 2026 confirmed the UK Government’s legislative programme, including a number of Bills which make provision in relation to devolved matters. To date in the Seventh Senedd, Legislative Consent Memoranda have been laid in relation to the Armed Forces Bill, the Cyber Security and Resilience (Network and Information Systems) Bill, the Public Office (Accountability) Bill, the Representation of the People Bill, the Railways Bill, the Commercial Payments Bill, the Sporting Events Bill, the Health Bill, and the Steel Industry (Nationalisation) Bill. Further Memoranda will be laid in accordance with Standing Orders where required.
Effective and consistent intergovernmental engagement is essential for the proper operation of the legislative consent process and Sewel Convention. The Welsh Government will continue to press the UK Government to demonstrate its commitment to the Sewel Convention through the quality of its engagement during the development of legislation, including ensuring that parliamentary timetabling takes proper account of the Senedd's need for sufficient time to consider legislative consent.
Experiences in recent years show that the Sewel Convention is in need of reform. We support the recommendations of the Independent Commission on the Constitutional Future of Wales and believe that a firmer legislative footing is required for the legislative consent process. We will continue to call on the UK Government and the other devolved Governments to support this important constitutional change. Whilst our position remains that a statutory safeguard is ultimately needed to protect the devolution settlement, we will also engage with the UK Government on its manifesto commitment to develop a Memorandum of Understanding on the Sewel Convention, which potentially offers a near-term immediate opportunity to improve engagement and procedural compliance with the legislative consent process.
To provide a consistent approach to our response to UK legislation and the legislative consent process, Cabinet have agreed the Welsh Government’s Principles on UK Legislation in Devolved Areas, set out at Annex A. The principles make clear that, as a starting point, law in devolved areas should be made in Wales. UK legislation should only make provision in devolved areas where there is a clear justification, where it is in the interests of Wales, and where the appropriate consent of the Senedd or Welsh Ministers has been sought and given. The principles will provide a clear, consistent and firm framework for the Welsh Government’s approach to UK legislation during this Parliamentary session. They will enable constructive engagement with the UK Government where appropriate, while ensuring that Welsh Government recommendations on legislative consent continue to be guided by the primacy of the Senedd and the protection of Wales' devolution settlement.