4. Statement by the Counsel General: Law Derived from the European Union (Wales) Bill

Part of the debate – in the Senedd at 3:29 pm on 18 April 2018.

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Photo of Mr Simon Thomas Mr Simon Thomas Plaid Cymru 3:29, 18 April 2018

(Translated)

I welcome the fact that a statement has been made by the Counsel General today, but I have to say this: a pledge was made by a Minister of the Crown on the floor of the House of Commons, before Christmas, in the middle of December, that this would be sorted. And here we are, the Lady Boys of Bangkok have reached Cardiff Bay, as they do every spring, and we haven’t found a solution to this problem. It’s been clear since the European withdrawal Bill was introduced that we needed to make changes to clause 11, and at least four months have passed without any sign of the Conservatives understanding the nature of the devolution that they are responsible for.

Today in the Commons, another Jeremy, Jeremy Wright, said that there was no agreement on the meaning of the word ‘continuity’. Is that the Counsel General’s interpretation of the problem here? If we do see that the Bill has now been referred to the Supreme Court, what situation are we in now in terms of expenditure by this Government and the Westminster Government to prepare for a court case, to take counsel and to start preparing a case? We are starting to spend public money on something that should have been decided politically not just today but four months ago. I want to hear from the Counsel General, if possible, more about the timetable here. He says that he hopes that the Supreme Court will hasten the process, because there is a process in existence so that the Supreme Court can do that, but it appears to me that we could get to a decision on this Bill before we reach political agreement on the nature of devolution and clause 11.

So, what plans does the Government have now to prepare for this court case and what public expenditure will be related to that? Are you going to do this in any way jointly with the Scottish Government? Of course, it must be acknowledged that Wales’s case may be stronger on this occasion that the Scottish Government’s case because we did push this through the toothpaste tube under the previous powers model and therefore we may be in a stronger position. So, are you working with the Scottish Government and what exactly will the arrangement be now if this goes to the Supreme Court? If there is political agreement, are there then amendments to be made to the Bill in the Lords or perhaps referred back to the Commons? And then at some point, we will have to make a decision as a Government—or as a Parliament, I should say; the Government part comes in three years—but we will have to give legislative consent, as David Melding has said. Would we have assurances and can you give us some assurances that we as an Assembly will have all the necessary information to make a decision on legislative consent if it comes to that?