2. 2. Questions to the Counsel General – in the Senedd on 12 July 2017.
4. What discussions has the Counsel General had in respect of the legal implications for Wales of the UK Government’s repeal Bill? OAQ(5)0043(CG)
I refer to my response to the previous question. As before, this question engages the law officers’ convention. I reiterate the fact that we will work to ensure that Wales’s position is protected, and that will necessarily include consideration of the Bill for its implications on our devolution settlement.
That’s rather more than I expected, actually, and an improvement on your predecessor, who would have stopped after the first three words. Can I perhaps raise a supplementary question to the answer you gave to Simon Thomas, where you said that the great repeal Bill must be subject to a legislative consent motion from this Assembly? What happens if we don’t say ‘yes’?
If we don’t say ‘yes’, then if the statements that have been made in the House of Commons are to be relied upon, that would be the end of the matter. If you’re asking in more detail about the position with regard to the Sewel convention, well, of course, I’ve given a statement on that previously. I think we come back to basics on this. What are the basic powers and responsibilities of this place and other devolved Governments within the way the constitutional structure of the United Kingdom is presently formed? What impact will the repeal Bill have, if any, on that? Does it, or does it not require the consent? Well, the UK Government has said that the consent will be required. That is a commitment that we will hold them to. We would expect the UK Government to want to proceed in the whole issue of Brexit with the agreement and consent of all the devolved administrations, because, ultimately, that is the only way in which it can succeed and retain the unity and integrity of the United Kingdom. So, those are commitments that I think have to be honoured and that Welsh Government would expect to be honoured.
I thank the Counsel General.