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| Wales voted for Brexit – but not for Welsh people to suffer | |
| (35 minutes later) | |
| In June, the people of Wales voted for the UK to leave the European Union. As a Welsh government, we fully respect the result. | In June, the people of Wales voted for the UK to leave the European Union. As a Welsh government, we fully respect the result. |
| The UK government is responsible for negotiating the UK’s exit with the EU. The Welsh government’s role in that process is to ensure Welsh interests are fully taken into account as we seek to agree a common UK negotiating position. We will also continue to engage with the EU directly to ensure our interests are fully protected until we leave. | The UK government is responsible for negotiating the UK’s exit with the EU. The Welsh government’s role in that process is to ensure Welsh interests are fully taken into account as we seek to agree a common UK negotiating position. We will also continue to engage with the EU directly to ensure our interests are fully protected until we leave. |
| As the first minister, Carwyn Jones, has said many times over the course of the last six months, while the people of Wales voted to leave, they did not vote for Wales and the rest of the UK to suffer as a result. Indeed, many people voted to leave because they were given assurances that the UK would be better off outside the EU, that decisions about the UK would be taken in the UK – that we would “take back control” from Brussels, and that more money would be invested in our NHS and in other public services. | As the first minister, Carwyn Jones, has said many times over the course of the last six months, while the people of Wales voted to leave, they did not vote for Wales and the rest of the UK to suffer as a result. Indeed, many people voted to leave because they were given assurances that the UK would be better off outside the EU, that decisions about the UK would be taken in the UK – that we would “take back control” from Brussels, and that more money would be invested in our NHS and in other public services. |
| The senior UK politicians who made those promises now hold senior positions within the UK government. As a Welsh government, we are determined to ensure they deliver on those promises. The people of Wales expect no less. | The senior UK politicians who made those promises now hold senior positions within the UK government. As a Welsh government, we are determined to ensure they deliver on those promises. The people of Wales expect no less. |
| But we’re also clear that the people of this country did not vote to put jobs at risk by making it harder for Welsh and UK companies to buy and sell goods and services with what is the world’s largest trading bloc. People did not vote to allow the UK government to use Brexit as a means of rolling back devolution, by returning to Westminster control over our farming and agriculture industries, our environment, our fisheries and other matters that have been devolved to Wales since 1999. Where it makes sense for Wales to work with the other UK nations on matters of common interest, we will. But devolution is the settled will of the people of Wales. In the referendum, the people of the UK voted for decisions affecting the UK to be made in the UK. The people of Wales have voted twice, in referendums in 1997 and 2011, that decisions affecting Wales should be made in Wales, by politicians elected by the people of Wales. | But we’re also clear that the people of this country did not vote to put jobs at risk by making it harder for Welsh and UK companies to buy and sell goods and services with what is the world’s largest trading bloc. People did not vote to allow the UK government to use Brexit as a means of rolling back devolution, by returning to Westminster control over our farming and agriculture industries, our environment, our fisheries and other matters that have been devolved to Wales since 1999. Where it makes sense for Wales to work with the other UK nations on matters of common interest, we will. But devolution is the settled will of the people of Wales. In the referendum, the people of the UK voted for decisions affecting the UK to be made in the UK. The people of Wales have voted twice, in referendums in 1997 and 2011, that decisions affecting Wales should be made in Wales, by politicians elected by the people of Wales. |
| So let me be clear – Brexit will happen. We are not in the game of trying to undermine the democratic will of the people of Wales by trying to block Brexit. But we will continue to ensure Brexit happens in a way that respects the laws and conventions of the UK’s constitution. | So let me be clear – Brexit will happen. We are not in the game of trying to undermine the democratic will of the people of Wales by trying to block Brexit. But we will continue to ensure Brexit happens in a way that respects the laws and conventions of the UK’s constitution. |
| Unfortunately, there’s little sign of that happening so far. | Unfortunately, there’s little sign of that happening so far. |
| The sole legal question before the supreme court is simple – can the UK government, as a matter of constitutional law, withdraw the UK from the EU without an act of parliament providing prior authorisation to do so? | The sole legal question before the supreme court is simple – can the UK government, as a matter of constitutional law, withdraw the UK from the EU without an act of parliament providing prior authorisation to do so? |
| The view of the high court is that it cannot. Our view as a Welsh government is that it cannot. | The view of the high court is that it cannot. Our view as a Welsh government is that it cannot. |
| The UK government wants to use the crown prerogative to invoke article 50 of the treaty on European Union, but it doesn’t want the UK parliament to have that say. | The UK government wants to use the crown prerogative to invoke article 50 of the treaty on European Union, but it doesn’t want the UK parliament to have that say. |
| If Brexit really is about “taking back control”, then the spectacle of the UK government trying to override the UK’s constitution in this way is a very bad start. | If Brexit really is about “taking back control”, then the spectacle of the UK government trying to override the UK’s constitution in this way is a very bad start. |
| In the supreme court, we will seek to reinforce the importance of parliamentary sovereignty and the rule of law – core, established principles of our constitutional law. On parliamentary sovereignty, the high court’s judgment quotes from the late Lord Bingham of Cornhill that “the bedrock of the British constitution is … the supremacy of the crown in parliament”. | In the supreme court, we will seek to reinforce the importance of parliamentary sovereignty and the rule of law – core, established principles of our constitutional law. On parliamentary sovereignty, the high court’s judgment quotes from the late Lord Bingham of Cornhill that “the bedrock of the British constitution is … the supremacy of the crown in parliament”. |
| So my view is that an act of parliament is required for the UK government to trigger Brexit. | So my view is that an act of parliament is required for the UK government to trigger Brexit. |
| This isn’t about “in” or “out”. It’s about elected representatives shaping the process for leaving the EU | This isn’t about “in” or “out”. It’s about elected representatives shaping the process for leaving the EU |
| This is an important constitutional principle that has profound implications for Wales. This is because giving notification under article 50 will inevitably result in the modification of the legislative competence of the National Assembly and the powers of the Welsh government under the Government of Wales Act 2006. This should be authorised by the UK parliament through primary legislation. | This is an important constitutional principle that has profound implications for Wales. This is because giving notification under article 50 will inevitably result in the modification of the legislative competence of the National Assembly and the powers of the Welsh government under the Government of Wales Act 2006. This should be authorised by the UK parliament through primary legislation. |
| Any modification of the National Assembly’s legislative competence by primary legislation passed by the UK parliament would engage the Sewel Convention, under which the Assembly’s consent would be sought to any changes to its legislative competence. | Any modification of the National Assembly’s legislative competence by primary legislation passed by the UK parliament would engage the Sewel Convention, under which the Assembly’s consent would be sought to any changes to its legislative competence. |
| The link between the historical principle of parliamentary sovereignty and the Assembly as a modern, devolved legislature is clear. As parliament has enacted the scheme of devolution in Wales, it should be for parliament and not the executive to oversee any changes and to do so with the assent of the democratically elected National Assembly for Wales. The wider constitutional relationships that have been established and continue to develop should not be bypassed. Indeed, one of the challenges posed by the UK leaving the EU will be to develop more effective relationships between the UK government and the devolved administrations, on the basis of mutual respect for each other’s rights and responsibilities. | The link between the historical principle of parliamentary sovereignty and the Assembly as a modern, devolved legislature is clear. As parliament has enacted the scheme of devolution in Wales, it should be for parliament and not the executive to oversee any changes and to do so with the assent of the democratically elected National Assembly for Wales. The wider constitutional relationships that have been established and continue to develop should not be bypassed. Indeed, one of the challenges posed by the UK leaving the EU will be to develop more effective relationships between the UK government and the devolved administrations, on the basis of mutual respect for each other’s rights and responsibilities. |
| So this case isn’t about “in” or “out”. It’s about people’s elected representatives – both in Westminster and in Wales – having the opportunity to shape the process for leaving the EU, and to ensure that the interests of our constituents and their businesses are properly represented in the negotiations that follow. | So this case isn’t about “in” or “out”. It’s about people’s elected representatives – both in Westminster and in Wales – having the opportunity to shape the process for leaving the EU, and to ensure that the interests of our constituents and their businesses are properly represented in the negotiations that follow. |