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Article 50 case: AMs 'do not need to be legally consulted' | |
(35 minutes later) | |
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. |