2. Questions to the Counsel General and Brexit Minister (in respect of his Brexit Minister responsibilities) – in the Senedd on 2 October 2019.
3. What discussions has the Counsel General held regarding Brexit following the UK Supreme Court's recent prorogation judgment? OAQ54426
Parliament has resumed sitting, as it should have been all along. Meanwhile, I continue to take every opportunity to speak up to protect Wales's interests, which are best served by remaining in the European Union. Later on today, I expect to be speaking to the Brexit Secretary, and I will also be attending the Joint Ministerial Council on European negotiations in the coming days.
This Brexit-created failure in the constitution suggests that when the courts need to intervene, the constitution isn't working, and the truth is it hasn't been working for some time. Therefore, would the Minister agree that we need a written constitution, a reinvigorated federal state that is the United Kingdom, with Wales as an equal partner within that state, with a protected role, and the principle of subsidiarity being core to the new constitution, that meaning decisions made at the relevant level for the nature of that decision being made? Will he support that view, and will the Welsh Government support that view?
My personal view is that I agree with much of what the Member has said in his response. It goes to the heart of the fragility of the existing constitutional settlement, I think, when you can see the reliance it has on political parties in Westminster, and the UK Government currently, abiding by unwritten conventions. And in fact, the failure to do so—so frequently in the course of the last few weeks—has exposed significant weaknesses in our constitutional arrangements. It ought not to be the case that the Supreme Court should have to intervene on such a basic matter of constitutional propriety. It should never be the case that any Government should call the rule of law into question, like Boris Johnson has done in relation to the attempted prorogation of Parliament. It really lowers our standing, actually not just within the UK, but internationally, to see that sort of proceeding arrive at the Supreme Court. I absolutely endorse the principles that his question implies, that the constitution of the United Kingdom should be based on two principles—one of equality between the nations of the UK, and the principle of subsidiarity. It it those two principles, by the way, that have secured support within the European Union for membership broadly across the continent, and we would do well to be inspired by those principles here in the UK as well.