3. What discussions has the Counsel General had with other law officers regarding the legal implications of a 'no deal' Brexit? OQ55903

The Welsh Government has made clear to the UK Government that an EU trade deal is of vital importance for Welsh citizens and businesses. However, as a responsible Government we are planning for the possibility. This includes making all necessary Welsh legislation to deliver a 'no trade deal' outcome by 31 December.

I'm grateful to the Counsel General for his reply. Can I ask how confident he is that we will have a functioning, workable legal framework in important fields, like the environment and agriculture, that were previously derived from European law? He speaks, in his response to Delyth Jewell, about a constructive alternative to the internal market Bill, and, of course, that's the right approach to take, but what considerations are being given by the Welsh Government as to what steps might be taken to protect the devolution settlement if this legislation is passed unamended? Does he share my concern, and a concern that was expressed recently by Professor Emyr Lewis at Swansea University, that we may, if this Bill is passed unamended, be faced with a UK Government that is developing a taste for legislating in a way that puts itself beyond the usual reach of law? Has the Counsel General had any discussions with law officers in the other devolved administrations about what legal steps, if any, might be taken should this Bill be passed unamended? I hope that he would agree with me that it would be very dangerous indeed for the UK Government to get a taste for passing legislation that puts itself beyond the reach of the law.

It would be not only dangerous, but it would be profoundly wrong in the context of the devolution settlement. So, I endorse the comment the Member makes in her question in relation to that. I think the point that Delyth Jewell was making in her question around the protected enactment is an extension of the usual principle. So, we have accepted that there may be occasions when enactments become protected, but in relation to this Bill, there is effectively a blanket prohibition on modification, which you would expect to see in very significant constitutional legislation, not one that, on the face of it, deals with matters to do with the economy and trade. So, I think that gives you the clue that you need about the extent of the trespass on the devolution settlement that this Bill represents. And I agree with her that it would be very dangerous to see that becoming a pattern and, indeed, it would be completely unacceptable, even in this Bill.

In relation to the question of a functioning statute book at the end of the transition period, I will say that a huge amount of work has been under way in relation to aligning the Welsh statute book, through secondary legislation, to take account of the changes that will need to happen after the end of the transition period. It's been really rather a mammoth task, and there are further statutory instruments coming forward to the Senedd over the coming weeks. We don't yet know what the outcome will be of the negotiations between the UK Government and the European Commission, obviously, but if that concludes in a deal, there will probably be the need for implementing legislation, and that will quite possibly—probably, I would suggest—require the Senedd's consent if it deals with matters that are otherwise devolved. We don't yet know what that legislation will look like. We don't yet know the scale of the task of grappling with it. We don't yet know the volume of implementing secondary legislation that that will entail. It will probably all need to be done by the end of this year. So, the challenge, I think, is obvious when I lay it out in that way. Whilst there has been good progress and, I would say, very good levels of joint working with the UK Government and other devolved Governments in relation to the programme of work so far, it's obvious when I say it that there's a significant challenge that lies very immediately ahead of us. And I think that that tells you a little about the scale of the challenge that we all face in the coming months.