Western Mail

Wales backs Scottish bid to stop ‘grab’ of powers

- MARTIN SHIPTON Chief reporter martin.shipton@walesonlin­e.co.uk

THE Welsh Government will this week back the Scottish Government in its bid to stop Westminste­r grabbing powers it believes should be devolved to coincide with Brexit.

The move comes despite a compromise reached between the UK and Welsh government­s, under which Westminste­r will retain powers that would normally come to Wales for seven years.

For two days from tomorrow the Supreme Court in London will listen to legal arguments about whether the Scottish Parliament is able to pass a law stopping the “power grab”.

At first, both the Scottish and Welsh government­s objected to the UK Government’s decision to grab a range of powers that would normally pass from the EU to the devolved administra­tions at the time of Brexit. Among the powers were regulation­s relating to farm payments and environmen­tal issues.

The UK Government says there should be common regulation­s covering the whole of the UK relating to some issues, but the Scottish and Welsh government­s argued that, while it may be desirable to have common frameworks, they should be negotiated between equal partners rather than imposed by Westminste­r.

As in Scotland, the Senedd passed a Bill aimed at ensuring that the powers came to Wales. However, following negotiatio­ns between the UK and Welsh government­s, the latter agreed to an arrangemen­t under which powers could be retained at Westminste­r for up to seven years. Now, however, the Welsh Government has made a written submission to the Supreme Court backing a similar deal for Scotland to the one it pulled back from for Wales.

In a written statement to AMs, Counsel General Jeremy Miles said: “This case raises issues of constituti­onal importance across the United Kingdom and the different devolution frameworks.

“The Welsh Government’s participat­ion is not about our own [Continuity Act]. Through the changes to the EU (Withdrawal) Act and an Intergover­nmental Agreement, we have secured protection­s of devolution in Wales and made sure laws and policy areas which are currently devolved remain devolved.”

Mr Miles makes four points in support of the Scottish Government’s case: “Firstly I strongly contend that leaving the EU will see all those powers in devolved areas which currently sit with the EU, for example in relation to agricultur­al support, no longer being constraine­d by EU law. It is for the Assembly to determine where, if at all, it wishes to ‘pool’ any of those powers through common UK wide frameworks.

“The second issue relates to the legislativ­e practicali­ties of withdrawal. My case states that legislatin­g for the domestic consequenc­es of withdrawal from the EU, where those consequenc­es relate to matters which are not reserved, falls squarely within the legislativ­e competence of the Assembly and not within the internatio­nal relations reservatio­n [as argued by the UK Government].

“Thirdly, I contend that it is perfectly within the Assembly’s competence to legislate in advance of exit in order to make the changes which need to be in place from day one after the UK leaves the EU.

“The fourth point in my case deals with the scope of the courts’ common law power to review Assembly legislatio­n.

“The Supreme Court made it clear that where the democratic­ally elected devolved legislatur­es act within the scope of the devolution frameworks laid down by Parliament, their acts are reviewable by the courts only on very limited grounds... The Scottish Continuity Bill is not, in my submission, legislatio­n of that extreme kind.”

Plaid Cymru parliament­ary leader Liz Saville Roberts said: “We are now in the bizarre situation where the Welsh Government are fighting a case which would undermine the deal they did with the Tories on powers, before it has even come into force.

“Labour’s shortsight­ed and chaotic approach to Brexit is being shown up on a daily basis – in Westminste­r they are voting with the Tories to deliver a hard Brexit and now they will be fighting a court case against an agreement they signed up to.”

 ??  ?? > Counsel General Jeremy Miles AM
> Counsel General Jeremy Miles AM

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