3. 3. Statement: Supreme Court Ruling on Article 50

Part of the debate – in the Senedd at 2:54 pm on 24 January 2017.

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Photo of Mick Antoniw Mick Antoniw Labour 2:54, 24 January 2017

The Member raises very important points and they’re points that have been considered and have been raised in discussions on these issues over the past month or two. I’d say there is every likelihood of a vote because a trigger Bill will impact on Welsh legislation. It is within the Standing Orders of this Assembly for a legislative consent motion. On the issue of a veto, I’ve already clarified the position on that, and, of course, it would’ve been rather contradictory to be arguing for the sovereignty of Parliament and a veto as well—that is not the nature of the constitutional arrangement we had. Of course, the same would apply in respect of the subsequent legislation, which, as we look at it, grows more and more complex by the day.

We also need to think very carefully about the fact that the content of such a trigger Bill—. I think it would be premature to say too much about that, because until it is laid, we don’t know precisely what we’re dealing with and what sort of outcome we would actually like, although I think that a lot of the matters and views have already been expressed over the last couple of months in this Chamber.

It is worth also emphasising some of the finer points of the judgment. Of course, we’re still going through this rather lengthy judgment, but I think there was a lot of important commentary on Sewel within the judgment and within the summary that was given by Lord Neuberger this morning. For example, Lord Neuberger said this morning:

‘As to the application of the Sewel Convention to the decision to withdraw from the EU given the effect on the devolved competences, the Convention operates as a political constraint on the activity of the UK Parliament. It therefore plays an important role in the operation of the UK constitution.’

He went further in the actual judgment itself, to say that:

‘In reaching this conclusion we do not underestimate the importance of constitutional conventions, some of which play a fundamental role in the operation of our constitution. The Sewel Convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislatures.’

Those were exactly the points that we were making in the submissions on behalf of the Welsh Government to the Supreme Court. I think they are very important statements of intent, and ones that we would hope and expect that the UK Government will implement, not just in terms of the wording but in terms of the spirit, because it is the harmonious constitutional integrity of the UK that is at stake and dependent on that.