Questions Without Notice from Party Spokespeople

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:31 pm on 25 January 2023.

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Photo of Mick Antoniw Mick Antoniw Labour 2:31, 25 January 2023

Thank you. The first thing is, we will be able to give a more definitive response once we've got to the stage of having draft legislation in front of us, to be able to look at that. And as you know, one of my obligations as Counsel General—and, again, the same with the Presiding Officer—is to actually look at the issue of competence. And again, that is a matter that also lies with the UK Government as well.

I'm aware of what the aspirations are in respect of the special committee and its particular recommendations. What we are doing is exploring all the different variations and options of ways of trying to fulfil that aspiration. What I would reiterate is perhaps the commitment that I've always given to the Senedd, that my role as a law officer, at the end of the day, with regard to competence, is to give a proper and fair and valid assessment of competence. And I will seek to ensure that the legislation that is brought before this Senedd is within the competence of this Senedd.

With regard to the point you make about section 35, I think that the issue of—. As long as we bring forward legislation that goes through proper parliamentary process, and is within competence, I do not think there is a role for UK Government in seeking to overturn legislation that has been properly determined in this place and within that competence. If there is a concern about competence that the UK Government has, then there is a way of dealing with that, and that is to refer it to the Supreme Court to determine.