Part of the debate – in the Senedd at 2:36 pm on 24 January 2017.
As Members will be aware, the Supreme Court has now handed down judgment in this case. As I made clear to the Assembly when announcing my decision to intervene, I consider that these proceedings raised issues of profound importance, not only in relation to the concept of parliamentary sovereignty, but also in relation to the wider constitutional arrangements of the United Kingdom and the legal framework for devolution.
Giving notification under article 50 will result in the modification of the competence of the Assembly and the functions of the Welsh Government, as set out under the Government of Wales Act 2006. We said in our submissions to the court that the prerogative cannot be used to dispense with provisions of a constitutional statute in this way. And, as we also argued before the court, there can similarly be no prerogative power to short-circuit the Sewel convention. This would deprive Parliament of the opportunity to enter into dialogue with the devolved legislatures about changes to the devolution frameworks.
I am naturally, therefore, delighted with the outcome of the judgment, both with the ultimate outcome and with the court’s recognition that the Sewel convention plays an important constitutional role in facilitating harmonious relationships between the UK Parliament and the devolved legislatures. For those who are not aware of the outcome of the case, the Supreme Court found against the UK Government by a majority of eight to three. So, the court has been very clear in ruling that fundamental constitutional changes can only be made by the UK Parliament, and not by Government Ministers. The UK Government has said that it will respect the ruling, and that it will, in the next few days, introduce a Bill that will recognise the sovereignty of Parliament and place the responsibility for the ultimate decisions on the terms of exit where it properly lies.
So, we welcome the prospect of a full and frank debate in Parliament about this most significant of moments in our constitutional history. Notions of locking the Bill down and making it unamendable must give way now to a more commonsense approach and respect for the people. Members of Parliament have already voted to support the triggering of article 50 by the end of March, so there is no excuse for attempting to artificially constrain debate on these fundamentally important issues.
As the article 50 Bill proceeds through Parliament, we would expect the UK Government to respect the Sewel convention, so that Parliament has the opportunity to listen to the Assembly, and to the other devolved legislatures. We also expect the UK Government to honour the commitment given by the Prime Minister to work with the devolved administrations to get to a position that all four nations in the UK can unite behind.
As we determine our future relationship with the EU, the UK Government must engage with us in good faith, and in the spirit of sincere co-operation. It is politically and morally bound to ensure that it understands the concerns of all nations and regions in the UK, and those are all carefully considered. Appropriate respect must be shown to the views of the devolved legislatures. The Prime Minister has said that this country is facing a negotiation of tremendous importance, and that it is imperative that the devolved administrations play their part in making it work. The Welsh Government stands ready to do so. We will continue to do all that we can to protect Welsh jobs, and investment in Wales, and we will make sure that Welsh interests are taken into account, in accordance with the correct constitutional process, which the Supreme Court has now confirmed.