4. What assessment has the Counsel General made of the legal basis for the transitional period that will exist after Article 50 comes into force? OAQ51318

Well, as one of the Members who has been most consistent in questioning the Counsel General, the Member will know that the question engages the law officers' convention once again. Nevertheless, I can say that any so-called implementation period would need to be agreed between the UK and the EU. So, it can’t be assumed either that there will be such a period or what its terms will be. Until that becomes clear, the legal basis remains undecided.

Thank you for that answer. It was a comprehensive answer, considering you said you couldn’t answer. And I’m grateful to you for that, because there is a question that does have an impact on decisions in this place, especially in the fields of agriculture and environment, namely that there is no certainty at the moment that this transitional period, which everybody takes for granted will happen after article 50 comes into force, is going to be on a strong legal basis, in order to be a precedent for the decisions that will take place in this Assembly.

May I ask you, therefore, what further steps can the Government take in its role, and he in his role as the Counsel General, to support that, to ensure that that legal basis is clear, before we make some of the most important decisions in the history of this Assembly towards supporting our rural communities?

Well, the view of the UK Prime Minister, that there should be a transitional period, is an acceptance of the legal reality that we need more time to agree terms in the longer term. But it isn’t a matter simply for the UK, as I mentioned, and there are a number of important questions that remain unanswered at the moment that will have to be answered before the legal position becomes clear. For example, the jurisdiction of the European Court, the relationship between the UK and any new legislation brought in by the EU, and the ability of the UK to negotiate trade agreements. And the truth is that, at the moment, we are at a very early stage, unfortunately, in those negotiations, and that’s a cause for concern.

The Welsh Government supports the existence of the transitional period, as long as it supports the economy and jobs in Wales, and the economy more broadly. But we must also bear in mind that we must ensure a long-term relationship that is in the interests of Wales, not just in that transitional period.