Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:40 pm on 7 December 2022.
Well, thank you again for a number of important questions that are there. Can I just say, firstly, in terms of the general principle of self-determination? I think that's one that the First Minister and I and others have made clear in the past, that nations do have the right to self-determination. Our position in terms of referenda and what would happen with a Government that had a majority for a referendum is set out in 'Reforming our Union', and I think it was referred to very specifically in First Minister's questions the previous week. So, that position remains the Welsh Government's position, and is absolutely clear.
In a recent series of lectures—one by Professor Ciaran Martin that I attended, of course—there was the significant constitutional issue raised in terms of what the routes should be for a country, for a Government that has a mandate, and that is, undoubtedly, part of the ongoing constitutional debate. In terms of the Supreme Court judgment, I do have, I think, two questions that are about to come that are specifically on that, so, if you don't mind, I'll refer to that specifically when those questions actually arise.
But in terms of the point that Professor Emyr Lewis has raised, I've noted his comments with interest. He is, of course, correct to point out the differences that do exist between the Scottish settlement and the Welsh Ministers' executive powers. I would also say that there are, of course, significant differences between the powers of the Lord Advocate—my counterpart in Scotland—and their powers to be able to refer on constitutional matters, a power that is not a power that I specifically have in the Government of Wales Act. He also points out, of course, that these matters are incredibly complicated.
My own very preliminary view on it—and, of course, we're still giving thought to some of these issues as they arise—is I think it's unlikely, in respect of section 60, section 62 and section 64, that they would actually legitimise the holding of a poll that asked specifically the sort of question that the Scottish Government put in their Bill, which clearly does relate to a reserved matter in terms of the constitution of the United Kingdom. The Supreme Court was very clear on that particular point. Any poll that we would have, I think, would need to relate to intra vires powers—powers the Welsh Government or the Senedd actually have. And, of course, in many ways, we've exercised those powers by the establishment of the independent commission, which looks broadly at the well-being of Wales within a constitutional context.