Part of the debate – in the Senedd at 2:49 pm on 24 January 2017.
Can I welcome the Counsel General’s statement and also commend his hard work hitherto, obviously, in matters pertaining to the Supreme Court? I'm reassured by the Llywydd that we’re not at present in a court, so that provides us with a positive way forward, but I do welcome the Supreme Court’s ruling that the UK Parliament should play its full role and have a vote on triggering article 50. Much has changed, obviously, in governance terms in these islands since 1973, since the UK entered the European Union. As the Counsel General outlined, much has changed in succeeding centuries as regards the royal prerogative. So, we’re building on all that. However, legally, the Supreme Court’s ruling does not require the consent of devolved administrations.
I’m taken with your comments on the court’s recognition that the Sewel convention plays an important constitutional role—yes, and that is as far as it goes. It’s a political convention, not a legal requirement. Having said that, though, I hope that the UK Government listens to that political convention, because the Supreme Court was not giving the UK Government licence to ignore the Sewel convention. However, it is saying that the courts cannot decide disputes; the matter is political rather than legal. I’m just putting that out there so that nobody runs away with the idea that the Sewel convention is not important at all.
However, I would temper your natural delight in that paragraph with a bit of realism as regards ‘it’s not a legal requirement’. Further, just to develop the argument, obviously, we’re all aware that Wales is an exporting nation with a substantial trade surplus with the EU—200,000 jobs are tied into the single market, and the customs union and all the rest of it. That’s why it’s important that Wales has its say here. Yes, we voted Brexit, but we didn’t vote to lose 200,000 jobs.
Obviously, the Plaid MPs at the Westminster end of the M4 will be submitting amendments in due course as the article 50 legislation proceeds through the Houses. But I’ve got to say, here in Wales, if Assembly Members are given no opportunity to have a say on triggering article 50—as I said, legally, we cannot, I know, and I hear what you say about the moral point emanating from the UK Government to understand our concerns and hopefully to involve us—but, if it seems as though there’s no opportunity for Assembly Members here to have a say, in view of the importance of this article 50 triggering and the whole EU debate to Wales, as I’ve outlined, Plaid Cymru will seek to table a legislative consent motion in the National Assembly to give us a voice.
It’s a simple matter of democracy from our point of view that devolved legislatures should have a role in commencing the process of leaving the EU. As I said, governance arrangements have changed in these islands over the last 40 years and there needs to be a recognition of that. In the absence, therefore—not to labour the point, but we will move that legislative consent motion if things are not happening—of a formal legal requirement for the UK Government to consult with devolved nations, what confidence does the Counsel General have that that Wales voice can be heard, given there’s no legal reason for the UK Government to listen to us at all? Diolch yn fawr.