Mick Antoniw: The main provisions of the Wales Act 2017, including those introducing the reserved-powers model, are expected to come into force on 1 April 2018.
Mick Antoniw: Well, what I can do is certainly do an analysis of what the legislation actually says, because the Wales Act provides Welsh Ministers and the Assembly with limited new powers in relation to the licensing of fixed-odds betting terminals. But, of course, those powers only relate to gaming machines, which will allow stakes of £10 or more. There are a few more things perhaps it’s worth saying...
Mick Antoniw: The first point is that you are totally wrong in terms of the position that the Supreme Court adopted. That was a position that we put forward and that was actually accepted by the Supreme Court, so there was no change there. It has never been our case or our argument that the Sewel convention is justiciable. The fact is that, under the Wales Act 2017, the Sewel Convention is put into...
Mick Antoniw: You make a very valid point. Of course, the issue of the Sewel convention was something that was considered during the article 50 case by the Supreme Court. Of course, much of the UK constitution is, in fact, based upon convention and is very much based upon agreement. So, the first point to make, I suppose, is that it was very sad and disappointing that the Bill was introduced without any...
Mick Antoniw: The Sewel convention plays a fundamental role in the operation of the UK’s devolved constitution. The UK Government has recognised that the European Union (Withdrawal) Bill will require the consent of the National Assembly in accordance with the convention.
Mick Antoniw: Firstly, I thank you very much for the question, and yes, I very much do welcome the appointment of David Lloyd Jones as the first Welsh judge of the Supreme Court, and the first Supreme Court judge to take his oath in Welsh and in English. I’m particular pleased about the fact that he is a citizen originally from Pontypridd, and so the development is extremely welcome. He is certainly a...
Mick Antoniw: It is not my intention to make statements about discussions I have had with law officers or to disclose the content of any such discussions. This is an established convention designed to preserve the confidentiality of those discussions and the relationship between law officers.
Mick Antoniw: If we don’t say ‘yes’, then if the statements that have been made in the House of Commons are to be relied upon, that would be the end of the matter. If you’re asking in more detail about the position with regard to the Sewel convention, well, of course, I’ve given a statement on that previously. I think we come back to basics on this. What are the basic powers and responsibilities...
Mick Antoniw: I refer to my response to the previous question. As before, this question engages the law officers’ convention. I reiterate the fact that we will work to ensure that Wales’s position is protected, and that will necessarily include consideration of the Bill for its implications on our devolution settlement.
Mick Antoniw: Well, it’s not appropriate for me to comment on whether I have or have not given legal advice on any specific issue. But the Member makes a very important point about the fundamental principles of what that Bill will be. The Member will have heard, as has previously been commented on, that a number of commitments have been given in the House of Commons that it will require the consent of...
Mick Antoniw: Well, I don’t know whether that was a question that actually wanted an answer or not. The Member makes a point; he’s made his views very clear over a period of time. All I’ve done is to set out, I think, the statement of facts, as to what the position is with article 50 and in terms of the position that was adopted by the UK Government.
Mick Antoniw: This question engages the law officers’ convention. Nevertheless, I can assure Members that the Welsh Government will work tirelessly to ensure that Wales’s position is protected. We will need to carefully consider the impact that the Bill will have on Welsh legislation and the competence of this Assembly.
Mick Antoniw: Well, it seems to me that the capacity of the UK Government to put forward any consistent position with regard to the EU negotiations at the moment is very much in doubt. The issue that’s being put to me in the question is: what is the status of the article 50 notification that has been given? The UK Government has already expressed its own opinion in respect of the statements it made in...
Mick Antoniw: Well, what I can say is that the position that was adopted by the UK Government in the Miller case—the article 50 case—was very clear: that it was not revocable. Of course, the ultimate body that would determine the legality of that would be the European Court of Justice, but as a matter of general principles and agreement with regard to the European Union, any agreement that has the...
Mick Antoniw: I am, of course, not in a position to speak about any assessment I may or may not have made on this issue. Members will be familiar with the established convention that neither the existence nor content of law officer advice should be disclosed.
Mick Antoniw: Some of those are very valid points. Of course, they are out of context in the sense that, of course, the UK fishing industry as a whole is very dependent also on access to many other waters. And that, of course, some of the limitations that exist, and the 1964 convention in particular, came into force in order to also recognise historic rights—sometimes rights that went back over several...
Mick Antoniw: Well, thank you for the supplementary question. Like the Member, I’ve also since this announcement experienced troubled and sleepless nights over this particular issue. It’s worth noting, of course, that the 1964 fisheries convention came well before the joining of the European Economic Community, now the EU, and also, what that convention actually says. Article 2 of it recognises...
Mick Antoniw: Members will understand that if I make assessments of the legal implications for Wales of any matter, those assessments are legally privileged.
Mick Antoniw: Okay. Well, the majority of the provisions in the Act, including the move to a reserved-powers model of devolution, are expected to come into force on what is labelled the principal appointed day. Our working expectation is that the Wales Office are working towards a principal appointed day sometime in April 2018. It’s too early to say with certainty what the precise date will be, but, of...
Mick Antoniw: Members will know that my advice is legally privileged. However, some of the Wales Act 2017 provisions are already in force, such as the provision on the permanence of the Assembly, the Sewel convention, and powers to change the Assembly’s name. Other provisions will be commenced in accordance with section 71 of the Wales Act.
