2. Questions to the Counsel General and Brexit Minister (in respect of his "law officer" responsibilities) – in the Senedd on 17 September 2019.
5. What legal advice has the Counsel General provided to the Welsh Government on the future of devolved powers in Wales? OAQ54314
Whilst the Member will appreciate I don't disclose advice that I give to the Government, the question of the devolution settlement and how it might be improved in the future remains a live discussion within Government.
Thank you. Last month, you had the pleasure, as did I and many here, of attending the National Eisteddfod of Wales. Now, despite the Secretary of State, the Right Honourable Alun Cairns MP, having worked hard to deliver a clear and stable devolution settlement, you really did have quite a moan. In fact, you stated, and I quote,
'it is clear that the attitude of the UK government to devolution needs to change fundamentally. Currently, it seems still to have a profound ambivalence about devolution. Or worse, an attitude that if we behave ourselves, the UK government will out of the goodness of its heart, allow us some limited powers of self-government. A "get what you’re given" type of devolution.'
Now, whilst you did note that your priority is to remain and reform within the union of the United Kingdom, my question to you is whether it is actually the case that the Welsh Government will not be satisfied with devolution until there is actually a break-up of this union.
Can I first thank the Member for drawing attention to the speech that I gave in the Eisteddfod, which I feel otherwise might have had a slightly more limited audience than she will now have given it? So, I thank her for that. She mentions the efforts of the Secretary of State for Wales to deliver a stable settlement for devolution. I'm afraid I see it slightly differently from her, and I take for example the discussion that the First Minister mentioned earlier on the shared prosperity fund, which is a matter that should be entirely devolved to Wales, and he has not championed that position in my discussions with him. We have called on several occasions for there to be full engagement in the question of regional funding following the departure from the European Union, and that has not been taken up. That is one of many, many examples of where the current devolution settlement falls short and where the UK Government's commitment to a stable devolution settlement falls short.
She mentions in her closing question the break-up of the union as though that would be a thing that we would advocate. Let me be absolutely clear to the Member that the people taking the wrecking ball to the British constitution are people like the Brexit Party and people like her who are advocating the kind of hard and 'no deal' Brexit that runs a very serious risk of tearing the UK apart.
Thank you, Counsel General.