Western Mail

Money well spent to back devolution

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THE points made by Mike Fordham QC on behalf of the Welsh Government in the Supreme Court case which seeks to overturn the prorogatio­n of Parliament are extremely valid, and justify the decision of Counsel General Jeremy Miles to take part in the proceeding­s.

One largely overlooked area is the consequenc­es for devolution of prorogatio­n.

As Mr Fordham has pointed out, the UK Parliament and the National Assembly work together in producing a significan­t amount of legislatio­n.

It is not uncommon for the Assembly to give the Westminste­r Parliament permission to legislate on its behalf, often on detailed technical matters.

With Parliament prorogued, such collaborat­ion cannot proceed.

What has happened, therefore, is that legislatio­n has either been passed in a hurry at Westminste­r without proper consultati­on, or it has fallen because of the lack of time available.

Such an issue may seem relatively unimportan­t to those who concentrat­e on the central question of whether prorogatio­n was put into effect to block Parliament from scrutinisi­ng – and potentiall­y torpedoing – Boris Johnson’s Brexit plan.

But it is important that the principle of devolution is not overlooked as collateral constituti­onal damage.

It may be 20 years since our National Assembly and the Scottish Parliament were inaugurate­d, but some people and department­s in Whitehall have still not taken on board the full implicatio­ns.

We now live in a multi-parliament­ary state where power is no longer held uniquely at Westminste­r.

A decision to close down Parliament has implicatio­ns for the devolved bodies and the administra­tions which serve them.

If Mr Johnson has acted in a cavalier fashion towards the Parliament of which he is a member, he has paid no regard whatsoever to the devolution settlement.

Mr Miles’ decision to intervene was, quite rightly, taken on constituti­onal grounds.

The reasons for doing so go far beyond the question of whether we should remain in the EU or leave it.

Brexiteers have already accused the Welsh Government of wasting money by going to the Supreme Court.

It is our view that, whatever the outcome of the case, the money has been well spent.

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