Part of the debate – in the Senedd at 4:19 pm on 8 November 2016.
I will do my best to at least set some parameters in an environment where we don’t quite know what all the parts of the jigsaw are, so we won’t see the complete picture for some time yet. But you raise issues about what the legal consequences are of withdrawal and the role of legislative consent. The legislative competence of the Assembly and the powers of the Welsh Ministers are both currently directly linked to the continuing application of the European treaties. When the United Kingdom withdraws from the European Union, it may be that the Government of Wales Act 2006, our framework for devolution, will need to be amended. The established constitutional arrangements for legislative consent motions will apply in relation to any legislation by Parliament to amend the Act. The Welsh Government would expect to be consulted on any such amendment, and the role of the Assembly will be carefully considered. The constitutional arrangements concerning legislative consent motions do not refer to the prerogative because it was something that just could not have been contemplated—that it would be used in this manner. As Parliament has enacted the scheme of devolution in Wales, it should be for Parliament, and not the executive, to oversee any changes, and to do so with the assent of this elected Assembly.