1. What discussions has the Counsel General had with UK counterparts in respect of Article 50? OAQ(4)0003(CG)

Members will understand that this answer is subject to the established law officers’ convention, which exists to protect the confidentiality of my legal adviser role. So, whereas as I can’t say whether I’ve had any discussions, I can certainly tell you that it’s a very early stage, and I haven’t had any meetings at all yet on any matter. But I can say that the Welsh Government is committed to playing a full part in discussions around the timing and terms of UK withdrawal from the European Union, and around the shape of our future relationship with Europe.

Thank you for that answer. I’m sure you’d agree that the exercise of article 50 will have a significant impact on Wales. Perhaps you could confirm your view on that. Could you give an assessment of the impact of that for existing and future Welsh legislation?

It is worth reiterating what article 50 says. It provides for a member state notifying the European Council of its intention to leave. There is then a two-year period to reach an exit agreement, which will require a qualified majority of the European Council, and then the consent of the European Parliament. If agreement is not reached, membership and treaties are automatically terminated at the end of the two year period. There is no further clarity or guidance on this process, either in Europe or the UK Parliament, and an issue has arisen as to how article 50 can be invoked at UK level, which has attracted legal challenge. Legal action is being pursued in both England in Wales, and in Northern Ireland. The legal challenges relate to whether or not article 50 can be invoked by royal prerogative or whether the authorisation of the House of Commons is required. This does have constitutional importance because it impacts on whether, after a consultative referendum, the royal prerogative can frustrate the will of Parliament and overturn statute, namely the European Communities Act 1972, without at least authorisation from Parliament.

Northern Ireland has a specific interest because of the specific terms of the Northern Ireland peace agreement. I am monitoring the situation, and it is likely that this issue will ultimately be determined by the Supreme Court, and the legal implications of that determination will be considered in due course. I will of course be ensuring that any specific legal interest or implications for Wales are carefully considered. With regard to the implications for existing and future legislation, at the point that EU law ceases to apply, EU laws already incorporated into our legislation remain. So, to remove EU obligations from UK law, the UK Government will have to repeal the European Communities Act 1972 and other legislation implementing EU law. Where this impinges on Welsh legislation, legislative consent will be required from the Welsh Assembly. Of course, legislation does not just consist of statute; there are regulations and also legal judgments. Until there is greater clarity from the UK Government and the outcome of the article 50 legal challenge is known, it is not possible to be more precise. So, as I’ve said, the Welsh Government is considering all these issues and their implications, and is engaged with the UK Government. I am also paying close attention to all legal and constitutional developments with a view to considering their legal implications for Wales

I’d like to welcome the Counsel General to his post as I’ve not had the opportunity to do that previously. I wasn’t able to follow his answer in its entirety, unfortunately, and I’ll look forward to reading it subsequently. Will he agree with me that the principle of Parkinson’s law obtains, which is that work expands to fill the time available, and therefore it would be better to get on with triggering article 50 as quickly as possible so that we can all gain the full benefit of leaving the EU as quickly as possible?

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 are taken in England that impact on Wales, the approach that we might adopt to Welsh legislation, what bits of EU law we wish to retain and the relationship with other conventions is a very complicated matter. It’s very easy to say, ‘Well, start the process’ but at this stage no-one actually knows what is being discussed in detail and what the package is; the UK Government clearly doesn’t. All I can say is that there is an obligation and an agreement with Welsh Government. We will be consulted by the UK Government, and ultimately this matter will come before this particular Chamber. There will be areas for agreement, but at this stage there’s very little else that I can add.