2. Will the Counsel General provide an update on the legal action taken by the Welsh Government against the UK Government relating to the United Kingdom Internal Market Act 2020? OQ56084

3. Will the Counsel General provide an update regarding the Welsh Government's plans to challenge the United Kingdom Internal Market Act 2020 in the Supreme Court? OQ56089

The Welsh Government wrote to the Secretary of State on 16 December 2020 indicating our intention to challenge the Bill, as it was at that point. We have received a response to that letter in the past few days, and we are considering the content of that letter at the moment. The Welsh Government will take all possible steps to protect the Senedd from this outrageous attack on its powers in this Bill. 

Thank you for that response, because, after all, this Parliament refused its legislative consent to this Bill. That was ignored by the UK Government. We are losing powers, we are losing funds and losing control over our funds. Rejecting consent hasn't helped at all. So, how will you ensure that we don't lose powers and funds by challenging this internal market Bill? And what discussions have you had with the Scottish Government and the Northern Irish executive, who have also refused their legislative consent to this legislation? 

Well, from the very outset, I made it clear that the Government here would take all possible steps to safeguard the powers of the Senedd. We have done that in terms of our strategy of tabling amendments in Westminster working with the House of Lords. We've done so in terms of recommending the rejection of legislative consent, as, of course, happened. And the third element of that strategy is to take the legal steps that I have already alluded to. As I have said, we've received a letter in response to the letter that I sent and that is being considered at the moment in detail. But what I would tell the Member is this: I've read the letter and, in my view, the questions that we posed haven't been answered. So, I do expect us to proceed with legal proceedings and I expect to be in a position to make a written statement to Members next week updating them on that. 

I have agreed that questions two and three should be grouped and, therefore, I will call Delyth Jewell to ask her supplementary question to the Counsel General. 

Diolch, Lywydd. I thank the Counsel General for that answer that he gave to my colleague, Dai Lloyd. I also thank him for making plans to bring forward this challenge against the Act's unacceptable provisions in relation to devolution, which, of course, I'd urged him to take in September. I note what he just said in terms of the written statement that we can expect next week. But I wonder whether he would be in a position, either now or then, to be able to share more details with us in the Senedd about these plans. I'd be interested to learn about the basis for the legal challenge, given that the Act has been drawn in such a way as to attempt to preclude such a challenge from being brought, which provisions specifically he intends to challenge. I'd also like to know the timescale involved, given that there is an election coming up and, also, that the internal market Act, in its current form, could make it difficult for the next Senedd to pass important legislation, such as reducing the use of single use plastics. So, could I ask, is the Counsel General in a position to be able to share that information today, or, indeed, in the statement next week? Or are there legal reasons why he can't do that at the current time, please? 

Well, can I firstly acknowledge gratefully the support that the Member has given to the Welsh Government in our intention to stand up for the Senedd? I'm mindful of the fact that, I think, very early after I made my statement that we planned to do that, the Member was very supportive. So, I'd like to acknowledge that if I may. 

There are two or three aspects to the Member's question. Firstly, in relation to advice I have given to other colleagues in relation to the basis for the claim, obviously the advice will be privileged in the usual way, as I'm sure the Member is aware. But obviously I will want to make sure that the basis of the claim and the response from the UK Government is taken fully into account in the statement that I make to Members, so that you can have a clear picture of what's intended and the analysis of the Government to the letter, which I think came in on Friday of last week. In relation to timescale, there is obviously a court procedure, which will be followed when the time comes. Clearly, I wish to give an indication of the outline of that in the statement next week, and I plan throughout to keep Members fully appraised on developments in this matter, given its significance to Members and to the institution generally. 

The internal market legislation, as it stands, runs roughshod over the democratic institutions of the United Kingdom and the very mandate of this place. What Boris and his cronies have done so far has made even Tory ex-Ministers and Tory Prime Ministers object in the strongest possible terms because it will disenfranchise Welsh citizens and encourage the break-up of the UK they purport to protect. That Wales's international musicians have been denied visas by the UK Government while Boris blames Brussels or that Boris has now weakened environmental protections and allowed a dangerous pesticide back into the UK that kills bees and ecosystems is telling. So, Counsel General, now that the UK Government is reneging on their false promises to give European money to the NHS or that Wales will not lose out financially or that environmental protections will stay, this means only that we're starting to see those consequences of leaving emerge. So, what assurances can you give the Senedd that the Welsh Government will explore all of the legal avenues to ensure that the very best interests of Wales and our citizens are served?

Well, I'm glad to give the assurance that the Member seeks. The most recent example of that is, of course, the internal market Act itself and the steps that we have outlined as a Government that we will take in all the options available to us to protect the competence of the Senedd. 

In relation to the broader point that the Member asks about, representing Wales's interests in the world after we have departed from the European Union, as we have, and the end of the transition period, she gives two examples there. One was in relation to the use of neonicotinoids, I believe, and I know my colleague the environment Minister will want me to reassure her that this, in Wales, is devolved to Wales. And in relation to the other point that she makes, about access to visas, we have continued throughout to make representations to the UK Government in relation to the operation of its new immigration system. Probably two years ago, mid 2019, was the last inter-governmental meeting between Ministers in relation to migration policy. And since then, we have not succeeded in being able to re-establish those. They are very important. Even though migration policy obviously is reserved, the impact of it in Wales, in the way that the Member's question identifies and in a range of other ways, is felt very keenly, and therefore it's very appropriate for Governments to work together in relation to some of these aspects, and we call on the UK Government to reinstate that inter-ministerial set of discussions so that we can do just that.