Part of the debate – in the Senedd at 3:56 pm on 3 July 2018.
Diolch yn fawr, Llywydd. I do accept the point that this is an important referral, even though it is not an active one for the Welsh Government, now that they have come to an agreement, and a very solid agreement, in my view, with the UK Government. It was always our position, this side of the Assembly, that the legislative consent motion process remains the key defence, but there are ambiguities in it, especially when a Government deems that it can unreasonably withhold consent, which I think many of us believe is the position in Scotland. But that takes us into more controversial territory, no doubt.
How jurisdiction disputes are handled is very important in decentralised forms of government and all systems have to have robust mechanisms to do this. And I would argue that the Supreme Court has a good track record in devoting the necessary time and thought to resolving these disputes. The current one is obviously a very tricky issue for them to consider, because the Scottish Presiding Officer did in fact believe their Bill was outside their jurisdiction. This is clearly a key factor and it does need to be resolved, although I do note what the Counsel General says in defence of the Welsh Act.
As UK governance becomes more significant as a result of the EU exit, we will need maximum clarity on the boundaries between UK and devolved law making, especially because, inevitably—and this is true in all decentralised systems—there's an awful lot of areas of shared responsibility, or at least the actions of one Government will affect another, sometimes to such an extent that can inhibit the real ability to legislate in a certain policy area. These are crucial matters; I completely accept that. I do have confidence that the Supreme Court will deliberate effectively and what they decide will be of great assistance to the evolving British constitution, especially under the challenge of Brexit. So, I don't have a particular question to the Counsel General other than to say that I will, obviously, follow the proceedings very carefully when they start their deliberations later this month.