4. Statement by the Counsel General: Supreme Court Reference: UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

Part of the debate – in the Senedd at 4:00 pm on 3 July 2018.

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Photo of Mr Simon Thomas Mr Simon Thomas Plaid Cymru 4:00, 3 July 2018

(Translated)

It would take a distinguished barrister to draw up questions on the basis of this statement, but having said that, I do have a few points to make, and at least one question to ask. May I first of all make the point that it’s not the Scottish Government that has refused its consent to this legislation, of course, but the Scottish Parliament, including the Counsel General’s own party, as well as the Liberal Democrats and the Green Party in Scotland? So, this is a case that’s hugely important to the UK constitution, and although I accept entirely what the Counsel General has said—that his intervention does not relate to that question, because he has avoided any adjudication between the two views on the competence of this Bill as far as Scotland—. It is important politically, however, that this issue is resolved, and that the Scottish Parliament is supported in its declaration of its rights. That’s how we develop parliamentary powers, according to the tradition of these isles, it has to be said.

May I also say that, broadly speaking, Plaid Cymru and I agree with the four areas that he has chosen to intervene in? They are important to this Assembly, or this Parliament as it will be. The one that emerges from the AXA case is extremely important, I believe, because it makes clear and strengthens the decision taken as to where the courts intervene in terms of the action of devolved legislatures, which is important, and the Bill raises some of these questions. Therefore, it’s appropriate that the Counsel General should have been part of that process in the Supreme Court on behalf of the Welsh Government but also in representing the Welsh constitution in that regard.

But the main point raised is the first point that he makes. He states that he is part of this case because he believes that the competence of this Assembly will broaden as we exit the European Union, because European legislation is to disappear, and we do one of two things: we either state—as we have done in our own continuity Bill, which is now an Act, the Law Derived from the European Union (Wales) Act 2018—that that legislation remains in place, or, either alone or in agreement with others, we put other legislation in place. Therefore, it is important that that is stated clearly. Now, in his statement he describes that as: