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