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 4:06 pm on 3 July 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 4:06, 3 July 2018

(Translated)

I thank the Member for those several comments on a wide range of issues, and the question at the end. I’ll try to ensure that I do refer to the main points that he made. Of course, I accept that it’s the Scottish Parliament’s consent rather than the Scottish Government’s consent that was given.

This statement is an opportunity for me to be clear that the Welsh Government is not taking these steps in favour of the United Kingdom Government’s position. Comments were raised by Members of his party in Westminster that that was the case. That’s not the case at all. I hope that that’s very clear from what I have explained in my statement earlier.

Regarding the point about the constitutional principle discussed in AXA, it is important that we do have certainty on that particular principle.

The way that this issue comes before the Supreme Court is appropriate, that is it comes through reference to the Supreme Court. A technical question arises as a result of that, whether the general principle would be valid in that context or not. But far more importantly is the fact that the standard that must be reached in order for the court to be able to intervene is much higher than what we have in mind here, as would be appropriate within the devolution settlement.

I have discussed several times with the Member the difference of opinion that we have on the inter-governmental agreement, but just to be entirely clear again—if he believes that there is a possibility of some 20 powers being agreed to be frozen, and that that would be a decrease on the powers there, what’s the analysis of the over 40 powers coming to this place without any kind of restriction on those powers? I just don’t recognise that statement as one that restricts the powers of this place and that of the Welsh Government too. And to be perfectly clear, the Welsh Government expects the United Kingdom Government to operate in accordance with the agreement in all areas, and to ensure that they keep to the letter and the spirit of the agreement on all occasions.

He asked about the steps that are appropriate to take under that agreement in order to repeal the Act—as it now is—the Law Derived from the European Union (Wales) Act. The agreement within that agreement is for us to take steps now to ensure that that does happen. The mechanism for that is that we put forward regulations before the Senedd in draft form for 60 days whilst the Parliament sits; that is, not over the summer recess. There must be a debate then and agreement on those regulations before they become law. They were laid on 8 June. Because of the summer recess, it won’t be possible to have a debate on them until the start of October, and then it's after that that the process will go forward, after the Assembly has had an opportunity to discuss them. I have to be clear again that there's no restriction in that agreement on me as Counsel General to take the steps that I have taken to intervene in this case. I wouldn't do it unless I was concerned that the wider principles were at stake, and so we have taken this important step.