Wales’ law chief in challenge to Government

THE Counsel General for Wales has said the UK Government cannot trigger Brexit by ignoring the constitution’s rules – but recognised Britain will leave the EU.

Mick Antoniw insisted he would not work against the referendum result but said he would not support a negotiating position that is damaging to Wales.

“While Brexit will happen, the UK Government cannot trigger it by overriding the British constitution,” Mr Antoniw said.

“Leaving the EU will lead to significant changes to the devolution settlement in Wales. Only the UK Parliament can make those changes, which should be with the agreement of the National Assembly.

“The UK Government does not have the power to shortcircuit this important mechanism for dialogue between the democratically elected National Assembly for Wales and the UK Parliament, by using the prerogative in this way.”

Last month the High Court ruled the UK Government could not simply use Crown Prerogative to trigger Article 50.

During a hearing before the Supreme Court, due to begin tomorrow, the UK Government will appeal that decision.

“In the Supreme Court, the Welsh Government will argue the process of leaving the EU must be carried out within the law, which includes respecting and adhering to the constitutional arrangements of the United Kingdom and the legal framework for devolution,” Mr Antoniw said.

“That’s why the Welsh Government’s legal team will argue that the judgment of the High Court should be upheld, and that an Act of Parliament is required for the UK Government to give notice under Article 50.”

Meanwhile, Plaid Cymru peer Dafydd Wigley insisted that unless the UK Government gave Parliament a vote on the outcome of negotiations, the public should be asked to approve the outcome themselves.

Lord Wigley said: “The referendum may have given a mandate to quit the EU but it did not provide a mandate for which alternative option the government should seek.

“Parliament should retain the right to withdraw support for Article 50 if the outcome of the negotiations is unsatisfactory.

“If the Government cannot agree to those conditions, then it is entirely reasonable to demand that the public be consulted again, through a referendum on the outcome of the negotiations.”