The Outcome of the Supreme Court Prorogation Case

2. Questions to the Counsel General and Brexit Minister (in respect of his Brexit Minister responsibilities) – in the Senedd on 2 October 2019.

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Photo of Rhianon Passmore Rhianon Passmore Labour

(Translated)

10. Will the Counsel General make a statement on the outcome of the Supreme Court prorogation case following the judgment passed on 24 September 2019? OAQ54444

Photo of Jeremy Miles Jeremy Miles Labour 2:51, 2 October 2019

I welcome the unanimous, clear and unambiguous judgment of the Supreme Court. It's only right that Parliament is sitting at such a crucial time for Wales and the United Kingdom and its constitution.  

Photo of Rhianon Passmore Rhianon Passmore Labour

Thank you, Minister. Following the Supreme Court's ruling, the Prime Minister, Boris Johnson, has apologised to Her Majesty the Queen, but has still not apologised to Parliament or the people of Wales or the United Kingdom. Minister, may I applaud the decisive action of the Welsh Government to act as an intervener in this case, and can the Minister outline the consequences and implications that the judgment will have on the National Assembly for Wales and how it operates within the legal framework of the United Kingdom?

Photo of Jeremy Miles Jeremy Miles Labour

Well, I thank the Member for highlighting that particular aspect, because the judgment of the Supreme Court expressly refers to the work of the National Assembly in the reasoning that Lady Hale gave in what is an important judgment. It amazes me that some Members in this Chamber still seem to think that intervening in the Supreme Court proceedings was not an appropriate action. The rationale for doing so, I would remind Members, is because we in this Chamber and in committees of this Assembly have spent time passing motions, debating, passing secondary legislation that are predicated on the ability of Parliament to legislate in relation to Brexit, and the Prime Minister's attempt to suspend Parliament had the effect of preventing it from sitting to complete its work. So, we had a very direct interest in the outcome of that judgment, and so I absolutely welcome the clarity of an unanimous 11-justice decision and the beneficial impact that has on our work here in the Assembly. She will know, I know, that the prorogation of Parliament, had it actually taken effect, would have had the effect of causing primary legislation that we required to be passed to protect the interests of Wales to fall. We know now as a consequence of that judgment that not only was the action unlawful but that, in effect, Parliament was never, in fact, prorogued.