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 4:03 pm on 3 July 2018.

Alert me about debates like this

Photo of Mr Simon Thomas Mr Simon Thomas Plaid Cymru 4:03, 3 July 2018

(Translated)

But, strangely, having been given an invitation to run a sprint race, he’s decided to tie this Assembly in a three-legged race with the Westminster Government, because that’s what the inter-governmental agreement does, of course, for seven years, which is to restrict our ability to use these new powers flowing to the Assembly, but rather, through an agreement agreed between two Governments, which will not be constituted as the same Government in seven years’ time, to do everything jointly.

Of course, he has a different interpretation to mine and Plaid Cymru’s interpretation as to whether this will be a threat to this place or not, but when he uses the word ‘bizarrely’ in his statement, or, to use Ceredigion’s parlance, in a slightly comical way—what is comical in this statement and in his beliefs on these matters is that we already have examples of where the Westminster Government isn’t following the spirit of the inter-governmental agreement. There’s talk of a fisheries Bill, an agricultural Bill—papers being discussed at the end of this week on a possible trade deal with the rest of the European Union, according to the external affairs committee, which met yesterday, I believe, haven't been shared with the Welsh Government. Only the headings have been shared. So, it doesn't appear to me that the inter-governmental agreement, which underpins the fact that the laws emanating from the Law Derived from the European Union (Wales) Act isn't part of the case in the Supreme Court—it doesn’t appear to me that the Government has prepared a strong enough agreement, but I’ve made those points in the past, and I’m just taking advantage of the opportunity to restate them, which brings me to my single question.

This involves the Scottish Bill and the role of the Counsel General, but, having said that, he will know that our legislation isn’t part of this process because it—well, it hasn’t yet been repealed, but the desire to repeal it legislation was part of the inter-governmental agreement. Now, what steps will the Counsel General now take to repeal our own legislation? Will there be a consultation over the summer on these steps? Will there be an opportunity for this Assembly to discuss and to review the inter-governmental agreement, and how will lit work over the summer months in terms of many of the important decisions that I’ve just referred to? And what, therefore, will be the end point for this Assembly in deciding to repeal the Act or otherwise?