Mick Antoniw: That’s a reasonable question but one that requires a very, very complicated answer, and is very much dependent on one’s analysis of what the nature and the state of the negotiations are, what Brexit is and what Brexit actually means. The issue of the examination of the implications of that for Welsh law, for Welsh statute, for Welsh jurisprudence, for Welsh decisions, for decisions that...
Mick Antoniw: Again, Members will understand that my advice is legally privileged, but I place great value on the protection of maritime natural resources. You will be aware of the active prosecution work that is being undertaken by me on behalf of the Welsh Government.
Mick Antoniw: Clearly, the issues that you raise are predominantly matters to be referred to the appropriate Cabinet Minister. Where I have a specific interest and responsibility is in respect of the enforcement actions that are actually taken under existing legislation. Of course, what future legislation there is will depend, obviously, on the outcome of discussions and the approach the Welsh Government...
Mick Antoniw: Presiding Officer, I—
Mick Antoniw: It’s not working. It was working, but it’s not working now.
Mick Antoniw: This one’s working, yes.
Mick Antoniw: Under the habitats directive, in respect of birds and, I think, of harbour porpoises, what I do know is that there are two sets of infraction proceedings against the UK Government, or steps that have been initiated. I’m obviously not in a position to say any more about those as they’re matters that relate to the UK Government and obviously there’ll be further discussions and...
Mick Antoniw: My role is obviously to advise when specific issues arise in terms of the actual implementation of policy, and the development of special protection areas, I think, is a question that is probably best directed to the appropriate Cabinet Secretary.
Mick Antoniw: Thank you for the question. The Member will know that this answer is subject to the established law officers’ convention, but the Welsh Government remains committed to securing the best possible settlement for Wales. To that purpose, our officials are continuing to engage with UK Government officials as the Bill progresses in the House of Lords. I can say also that I have recently delivered...
Mick Antoniw: I thank the Member for the supplementary question, and when he reads my speech he will see rather detailed views of my own thinking on the issue of legal jurisdiction and, of course, the transitional compromise that I think was put forward, which was, at this time, a distinct jurisdiction would make very much sense and do a lot to resolve the contradictions that exist. I think the Member will...
Mick Antoniw: I certainly do agree. The problems associated with the conferred-powers model—and I think there was agreement on the need to move to a reserved-powers model—are accepted almost universally. The only problem is that a reserved-powers model becomes self-defeating if you attempt to reserve just about anything and everything and the kitchen sink as a reservation. In those circumstances, it...
Mick Antoniw: Well, the more cases that are, the more costs there are that are borne by the public purse, and that is absolutely another reason why we want clarity and stability, so that matters don’t have to go to the Supreme Court and that they don’t have to involve rather complex legal arguments and teams of lawyers to resolve. That is one of the key things that the whole purpose to having a clearer...
Mick Antoniw: I welcome the Law Commission report, and, together with the First Minister, am carefully considering the recommendations and implications. I will provide an interim response to the commission before the end of the year, and will make this available to Members.
Mick Antoniw: Well, I was very pleased to receive the report. As I took up my position as Counsel General, improving accessibility to the laws of Wales is not only of great interest to me, but it’s also very important to Wales as a legislature, and, of course, follows on very much from the excellent report from the Constitutional and Legislative Affairs Committee, which, I think, made many of these...
Mick Antoniw: Thank you for the question. The Members know that this question engages the established law officers’ convention. But what I can say is that the Welsh Government will play a full part in discussions around the UK’s withdrawal from the European Union, and that will, of course, entail careful consideration of the implications of withdrawal for the devolution settlement.
Mick Antoniw: The High Court action concluded last week. It was a very important case that was brought, which relates to the use of the royal prerogative to trigger article 50. All sorts of issues have been raised as to whether this approach, for example, is in breach of the bill of rights, and subsequent court decisions and legislation. It is a major constitutional case. The constitution, devolution...
Mick Antoniw: Thank you. I’ll refer to the Sewel point in a moment, because the point about the rowing back of powers, of course, is exactly the point that was made on the Wales Bill by the House of Lords select committee, where they asked the Government to explain whether the Wales Bill is actually intended to reduce the legislative competence of the Welsh Assembly in some areas, and if not, what steps...
Mick Antoniw: I thank the Member for that question. I can tell the Member that I consider the points he makes to be fundamentally legally and constitutionally incorrect. [Interruption.] Triggering article 50 is an irreversible process. The authority for that is the statement that was made by the UK Government in the recent case that has actually been referred to, and the implication of that is that after a...
Mick Antoniw: Thank you. As Members will be aware, the High Court handed down judgment in the matter of Miller, last week. And, as I said in my written statement on Friday, I consider that this case raises issues of profound importance, not only in relation to the concept of parliamentary sovereignty, but also in relation to the wider constitutional arrangements of the United Kingdom and the legal...
Mick Antoniw: Finally, the proposed action of the United Kingdom Government is relevant to the legal and constitutional relationships of the Welsh Government to the UK Government. Any process should respect and build upon inter-governmental relations. That is why I have taken the decision as Counsel General to seek to intervene in any proposed appeal.
