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Wales awaits Supreme Court Brexit ruling on Article 50 Article 50 case: AMs 'do not need to be legally consulted'
(35 minutes later)
The Supreme Court is to announce its decision on whether Theresa May can trigger Brexit without consulting MPs. AMs do not have to be legally consulted on the article 50 Brexit process, the Supreme Court has ruled.
On Tuesday morning senior judges ruled that the UK government cannot trigger Brexit without consulting MPs.
But in the same ruling the Supreme Court dismissed an argument from the Welsh Government that the assembly should be consulted on the mechanism to leave the EU.
A senior minister had argued the process needed a vote in the assembly.
In December, the UK government appealed against a High Court ruling that Parliament must approve the Article 50 process of leaving the EU.In December, the UK government appealed against a High Court ruling that Parliament must approve the Article 50 process of leaving the EU.
The Welsh Government told the hearing that if the sovereignty of Parliament was not upheld it would undermine the basis for devolution.The Welsh Government told the hearing that if the sovereignty of Parliament was not upheld it would undermine the basis for devolution.
The UK government dismissed that argument as "tortuous".The UK government dismissed that argument as "tortuous".
It claimed the prime minister could invoke Article 50 of the Lisbon Treaty to launch the formal two-year process of leaving the European Union using crown prerogative - powers used by ministers that do not require the permission of MPs.It claimed the prime minister could invoke Article 50 of the Lisbon Treaty to launch the formal two-year process of leaving the European Union using crown prerogative - powers used by ministers that do not require the permission of MPs.
But Wales' top legal advisor, Counsel General Mick Antoniw, argued that starting this process would "modify the competence of the National Assembly for Wales and the Welsh Government".But Wales' top legal advisor, Counsel General Mick Antoniw, argued that starting this process would "modify the competence of the National Assembly for Wales and the Welsh Government".
He said on Tuesday that if judges say legislation is needed a vote would be needed in the assembly.He said on Tuesday that if judges say legislation is needed a vote would be needed in the assembly.
The Pontypridd AM said a rule called the Sewel Convention meant Welsh ministers should be consulted over Westminster decisions on devolved matters.The Pontypridd AM said a rule called the Sewel Convention meant Welsh ministers should be consulted over Westminster decisions on devolved matters.
However, the UK government rejected this argument in a written submission to the Supreme Court.However, the UK government rejected this argument in a written submission to the Supreme Court.
It stressed the "conduct of foreign relations", including those with the EU, were not devolved to Wales, Scotland or Northern Ireland.It stressed the "conduct of foreign relations", including those with the EU, were not devolved to Wales, Scotland or Northern Ireland.
The submission added: "The tortuous attempt by the Counsel General ... to generate some relevance of EU law to s. 154(2) of the Government of Wales Act, on interpretation of devolved legislation, is a telling sign of the paucity of his examples."The submission added: "The tortuous attempt by the Counsel General ... to generate some relevance of EU law to s. 154(2) of the Government of Wales Act, on interpretation of devolved legislation, is a telling sign of the paucity of his examples."
Speaking to BBC Wales on Tuesday morning, Mr Antoniw defended the £84,000 cost of the challenge, saying: "The voice of Wales within the UK constitution is priceless."Speaking to BBC Wales on Tuesday morning, Mr Antoniw defended the £84,000 cost of the challenge, saying: "The voice of Wales within the UK constitution is priceless."
He said if judges insist that article 50 will need legislation through parliament, that will trigger the Sewell Convention.He said if judges insist that article 50 will need legislation through parliament, that will trigger the Sewell Convention.
That would involve a vote in the assembly, he said. "It's not a veto, but it will involve a vote."That would involve a vote in the assembly, he said. "It's not a veto, but it will involve a vote."
"It will involve the assembly taking a decision on its views on the package or on the negotiations or on the process.""It will involve the assembly taking a decision on its views on the package or on the negotiations or on the process."
At the time of the appeal, Welsh Secretary Alun Cairns said he hoped the Welsh Government was not getting involved in the Supreme Court appeal as a means of trying to block Brexit.At the time of the appeal, Welsh Secretary Alun Cairns said he hoped the Welsh Government was not getting involved in the Supreme Court appeal as a means of trying to block Brexit.
He pointed out that a majority of people in Wales, and across the UK, had voted in favour of leaving the European Union.He pointed out that a majority of people in Wales, and across the UK, had voted in favour of leaving the European Union.
Mr Antoniw denied attempting to block Brexit, saying the Welsh Government's aim was to support the sovereignty of Parliament.Mr Antoniw denied attempting to block Brexit, saying the Welsh Government's aim was to support the sovereignty of Parliament.