5. What assessment has the Counsel General made of the decision of the Supreme Court to deny an appeal by the UK Government in the Wightman case? OAQ53011

The case raises an important question about the ability, or otherwise, to revoke article 50, which should be answered, to ensure that a fully informed decision can be taken on the withdrawal agreement and political declaration on the future relationship reached between the UK Government and the European Union, or in the catastrophic case of a 'no deal' outcome.

Thank you for your answer, Counsel General. As you may be aware, the case was actually heard in the European Court of Justice this week, and we are now awaiting the decision by the ECJ. Have you yet made arrangements with your colleagues in the other nations to have a discussion on the outcome of that case, because, as you highlighted, it does put the legal position on the possibility of revocation of article 50? And considering the mess we're currently in with the UK Government, and the chaos that might ensue in two weeks' time, when it's likely that the vote will be such that they will not get this deal through, will you therefore meet with your colleagues, to look at what possibilities would be existing to extend or revoke article 50 if it comes in favour, so that we can actually keep on negotiating, so that we get a deal that suits Wales and not that suits Theresa May?

Well, the Member is correct—the European Court of Justice heard this reference yesterday morning, in a four-hour hearing, with all 28 justices hearing the matter. It's obviously a very significant point. As it happens, the UK Government's position in that litigation is that this is a hypothetical, because they have no intention of revoking it, and counsel for the EU made the representation that the article 50 process could not be revoked without the agreement of the other 27 members.

He asks about discussions between Governments. As he will appreciate, there is a continuing discussion around the implications of all the legal developments at the moment. I would say that the UK Government would have to think very carefully before taking the step of revoking article 50. The Welsh Government's position has been, and remains, that the focus should be on the form rather than the fact of Brexit. But as we approach what is an incredibly uncertain parliamentary process, and the opportunity in this Chamber of debating and expressing a view on the negotiations and the agreement reached to date, it seems to me important to have as much clarity, and as many fixed points, in that discussion. And therefore I welcome the opportunity for this point to be clarified by the court of justice.

I thank the Counsel General.