5. What legal advice has the Counsel General given to the Welsh Government about whether it is the Welsh Government or the UK Government that has the power to issue work-from-home guidance in relation to COVID-19 in Wales? OQ57796

Thank you for that question. Current guidance to employers covering working from home has been issued by the Welsh Ministers under the Health Protection (Coronavirus Restrictions) (No.5) (Wales) Regulations 2020. The Welsh Government has broad powers under health legislation and the Government of Wales Act 2006 to issue guidance on public health matters.

I thank you for that answer, Counsel General. The reason I'm asking it is because, last month, the Conservative MP for Aberconwy asked the Chancellor of the Duchy of Lancaster in the Commons to clarify that the UK Government civil servants working in Wales should follow the rules set by the UK Government rather than the Welsh Government when it comes to the guidance on working from home. But, as you've just said, it's the Welsh Government that sets the guidance for workers in Wales. We've also had the Secretary of State for Wales saying recently he wished that Wales were not able to set our own rules because, and I quote:

'We would have got a greater degree of public understanding'.

Do you agree with me, Counsel General, that it is in fact Conservative MPs who are deliberately and irresponsibly sowing confusion about this, especially when a recent poll by YouGov found that it's abundantly clear that the Welsh public both understand and support the COVID approach taken in Wales?

I thank you for the supplementary question. I suppose, in terms of some of those Members of Parliament who've been making those comments, if the opinion polls are anything to go by, by the next election they won't be here any longer, so maybe that will cease to be an issue there. But the position is very clear: we determine, within our own legal responsibilities, what the appropriate measures are, and that applies in respect of the Welsh civil service and employees as well. The issue as to certain Ministers not being happy with that, well, those are points that they make. I think they're trite points. I think they're made either in ignorance of devolution or in terms of mischief. Welsh Government will always basically follow the advice that it receives medically, and it will seek to give advice and guidance that is proportionate and that protects public health and the health of our employees and our civil servants as well.