The High Court Case concerning Prorogation

2. Questions to the Counsel General and Brexit Minister (in respect of his "law officer" responsibilities) – in the Senedd on 17 September 2019.

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Photo of Mark Reckless Mark Reckless Conservative

(Translated)

4. Will the Counsel General make a statement on the cost to the taxpayer of the Welsh Government joining the failed High Court case concerning prorogation? OAQ54307

Photo of Jeremy Miles Jeremy Miles Labour 2:43, 17 September 2019

The cost of intervening in the High Court stage was £8,937.91, and VAT. I consider this proportionate to the fundamental importance of the issue, both for this place and its ability to give voice to the interests of Wales, and to the rule of law and the constitution more generally.

Photo of Mark Reckless Mark Reckless Conservative

Isn't an important part of the rule of law that our First Minister should accept the decisions of courts within our jurisdiction? And, following the decision of the divisional court in London, within the jurisdiction of England and Wales, that the decision to prorogue was lawful, is it appropriate for the First Minister to describe the decision as unlawful?

Photo of Jeremy Miles Jeremy Miles Labour 2:44, 17 September 2019

Well, the judgment in the Court of Session in Scotland, which, contrary—[Interruption.]—contrary to the comments of many Conservative backbench Members of Parliament, is actually a superior court to the High Court of England and Wales, found exactly the opposite proposition, which is, in accordance with the submissions we have made, that the decision was unlawful. And he mentions, from a sedentary position, that this is not our jurisdiction, as he put it. The Parliament that is prorogued is the Parliament of Scotland in Westminster, as it is the Parliament for Wales in relation to reserved matters, and the decisions of the Court of Session are not to be lightly derided as the Member is seeking to do. I hope that the Supreme Court will take full account not just of the conclusions of the High Court, but also of the arguments that prevailed in the Court of Session in Scotland and support the arguments made on behalf of Miller and Cherry, in which I was glad to intervene.