3. What discussions has the Counsel General held in relation to bringing all of the Wales Act 2017’s provisions into force? OAQ(5)042(CG)[W]

Members will know that my advice is legally privileged. However, some of the Wales Act 2017 provisions are already in force, such as the provision on the permanence of the Assembly, the Sewel convention, and powers to change the Assembly’s name. Other provisions will be commenced in accordance with section 71 of the Wales Act.

I thank the Counsel General for his reply. And I’m not seeking legal advice on the cheap, I assure him. But I’m particularly interested in what I understand to be the powers that will come to this place for us to ban fracking. And I wondered whether the Counsel General could tell us when he expects that part of the Act to be enacted, and whether, indeed, he is aware that the Welsh Government intends to exercise those powers, in order that this Assembly can take steps to ban fracking in Wales.

Okay. Well, the majority of the provisions in the Act, including the move to a reserved-powers model of devolution, are expected to come into force on what is labelled the principal appointed day. Our working expectation is that the Wales Office are working towards a principal appointed day sometime in April 2018. It’s too early to say with certainty what the precise date will be, but, of course, there is an obligation on the Secretary of State to consult with Welsh Ministers, and with the Presiding Officer, before determining that particular date. My understanding is that the Secretary of State for Wales will shortly be writing to the First Minister, and the Presiding Officer, seeking views on the designation of that particular day.

I thank the Counsel General.