2. What discussions has the Counsel General had regarding the enforcement of Welsh Government legislation? OAQ(5)0016(CG)

Members will know that my advice is legally privileged, but I place a great value on the use of enforcement powers to make legislation effective. You will be aware of the prosecution work being undertaken by me to protect both marine natural resources and the integrity of food produce in Wales through the enforcement of Welsh law.

A constituent of mine is an ecologist and previously contacted me expressing his concerns about the enforcement of Welsh legislation underpinned by the EU habitats directive once we leave the European Union. This is one example and the Counsel General’s given an example. He’s previously given an assessment of the general effect of triggering article 50 of the Treaty of Lisbon on Welsh Government legislation. Would he specifically comment on the implications that European Union withdrawal will have for Welsh laws?

The answer is yes, there will certainly be—. One of the areas I’m concerned about is ensuring that, whatever changes and lacunas that occur in respect of Welsh law, nevertheless, we are able to adequately and properly enforce our laws and those areas within our jurisdiction. So, to that extent, you’ll be aware of the statements that I’ve made in respect of the fisheries prosecutions and the various food prosecutions that have been taking place.

You raise a very valid point, and it was a point that we raised within the Supreme Court in terms of those areas where, suddenly, there will be significant gaps in laws that have to be replaced. The number of laws and regulations are, in fact, significant. In fact, we expect there to be, in the environmental area in terms of regulations, some 5,200, and many of those, on leaving the EU, will suddenly become gaps in legislation. That is why there is such a major task and why the UK Government is having to take on so many new lawyers and administrators to actually deal with all these complex issues.

As far as the law is concerned, what is already transposed into Welsh law will remain in Welsh law and will be a matter for the Welsh Government and, of course, the Assembly to decide what laws should then remain. Where Welsh or UK law gives effect to an EU law, many aspects of that EU law may be ones that Wales representatives, UK representatives and the UK Government and so on, will have actually promoted and wanted. So, if these are EU laws that we have supported, we may want to see them retained, and where EU law applies directly in Wales, and therefore has not been transposed into Welsh or UK law, the Welsh Government and the Assembly will need to consider if the policy underpinning that EU law represents the best way forward for Wales and what changes should be made to the law in Wales to bring that about.

Eluned Morgan is not in the Chamber to ask question 3. Question 4, Jeremy Miles.

Question 3 [OAQ(5)0019(CG)] not asked.