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Article 50 case: AMs 'do not need to be legally consulted' Article 50 case: AMs 'do not have 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.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. On Tuesday morning senior judges said 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. But in the same judgement 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. A senior Welsh minister had argued the process needed a vote in Cardiff Bay.
In December, the UK government appealed against a High Court ruling that Parliament must approve the Article 50 process of leaving the EU. President of the Supreme Court Lord Neuberger told the court: "On the devolution issues, the court unanimously rules that UK ministers are not legally compelled to consult the devolved legislatures before triggering Article 50."
The Welsh Government told the hearing that if the sovereignty of Parliament was not upheld it would undermine the basis for devolution. "The devolution statutes were enacted on the assumption that the UK would be a member of the EU, but they do not require it.
"Relations with the EU are a matter for the UK government."
The Welsh Government had told the court that if the sovereignty of Parliament was not upheld, and MPs did not vote on article 50, it would undermine the basis for devolution.
It had also argued that using royal prerogative powers to trigger article 50 short-circuited the Sewel Convention, which requires AMs to vote on legislation which affects the Welsh devolution settlement.
Wales' top legal advisor, Counsel General Mick Antoniw, said that starting this process in that way would "modify the competence of the National Assembly for Wales and the Welsh Government".
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 had stressed the "conduct of foreign relations", including those with the EU, were not devolved to Wales, Scotland or Northern Ireland.
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". The judgement said that the convention is a political constraint on the activity of the UK parliament, but that the policing of its scope and operation is not within the constitutional remit of the courts.
He said on Tuesday that if judges say legislation is needed a vote would be needed in the assembly. Judges concluded the devolved legislatures in Wales, Scotland and Northern Ireland do not have a veto on the UK's decision to withdraw from the EU.
The Pontypridd AM said a rule called the Sewel Convention meant Welsh ministers should be consulted over Westminster decisions on devolved matters. In December, the UK government appealed against a High Court ruling that Parliament must approve the Article 50 process of leaving the EU.
However, the UK government rejected this argument in a written submission to the Supreme Court. However a majority of the judges also dismissed the UK government's case that 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 stressed the "conduct of foreign relations", including those with the EU, were not devolved to Wales, Scotland or Northern Ireland. Hywel Williams, Plaid Cymru MP, said he was very disappointed: "Clearly the needs of the people of Wales and the Welsh economy are different from the needs of the economy in central London."
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." "I think we should be properly consulted," he argued.
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 before the ruling, 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.
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."
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 has denied attempting to block Brexit, saying the Welsh Government's aim was to support the sovereignty of Parliament.