2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 4 May 2022.
6. Will the Counsel General provide an update on the status of the Welsh Government’s appeal to the UK Supreme Court on its legal challenge to the internal market Act? OQ57956
Thank you for the question. An application for permission to appeal against the order of the Court of Appeal, along with a request for expedited consideration, was filed with the Supreme Court on 7 March. The application has not, as yet, been considered. Therefore, we await a decision from the Supreme Court.
Thank you very much, Counsel General.
I completely agree with comments you've made previously that this Act undermines the long-established powers of the Senedd and the Welsh Ministers within matters of devolved competency. There is a clear supermajority in this Senedd to enhance and improve our powers. What discussions have you had with the Westminster Government for them to finally realise that it is the will of the Welsh people and of the Welsh Parliament that we have greater powers and that they don't deny that majority and the mandate that's been given to us by the people of Wales?
Thank you, and I agree entirely with the points that you have made. The internal market Act, I believe, if it's interpreted as UK Government wants it to be interpreted, undermines part of our constitutional settlement. Of course, we disagree with that legislation; we believe it is unconstitutional, hence the legal action that's been taken. It is worth saying at this stage, of course, that what hasn't happened is that the merit of our arguments has not actually been dealt with. The question is what is the best mechanism for doing that, whether it is on the interpretation of the legislation of the Act itself, or whether it is best done by means of a piece of legislation being tested by reference to the Supreme Court. So, as I was saying, we have made the application for permission to appeal. It's not yet been considered by a panel of justices, but I will update the Senedd in due course once we know the outcome.