Part of 3. Topical Questions – in the Senedd at 3:44 pm on 18 May 2022.
Thank you for that question. It is certainly the case that dialogue's important, and I think it's important that you recognise the importance of dialogue with devolved Governments. I don't think it is a minor matter. It is a matter that could involve devolved Governments right from day one, because there are significant economic interests. I think the previous Member, Huw Irranca-Davies, referred to the significant economic impacts for Welsh ports. I think you underestimate the implications of what the Government is proposing, that, within a couple of weeks, it is going to introduce legislation. I think we also do need to be clear about the mess the UK Government has got itself into, through what really is a failure of statesmanship and diplomacy.
Let's be clear: it signed up to an agreement that is legally binding in international law. It is the Prime Minister's agreement. Now, one proposal he put forward was that we should use article 16 of the Northern Ireland protocol. That is only an emergency measure that can be used for temporary scope. It also opens the door too for the EU to use counter-measures. Effectively, the approach the UK Government's adopted is one that opens the door, effectively, to a trade war. There is potentially an independent arbitration process, but the Government hasn't made mention of that. Of course, what the UK Government is doing is opening itself to legal challenge in the Court of Justice of the European Union.
One thing that's very clear is this: however the UK Government wants to go about it, if it legislates, it is still required to comply with article 4 and article 7A of the European Union (Withdrawal) Act 2018, which has primacy. So, even if it introduces its own domestic legislation, it cannot get out of its international obligations. Whatever the UK does at domestic law level, it cannot revoke those international law obligations, so it is in grave danger of destroying its international reputation, its credibility in international law, and we really should be a country that keeps our word, otherwise why would any country ever seek to do business with the UK if it cannot be trusted?
I think two other points that do need to be made in response to your question are, firstly, what is happening: the approach adopted is, firstly, destabilising the political situation in Northern Ireland, and we must not underestimate that, but it also risks some very significant material damage to the British and to the Welsh economies. So, I do hope the UK Government will seriously reconsider its position, that it will engage in dialogue, but, above all, that it will engage with the devolved Governments over issues that have a direct impact on our economic well-being.