Leaving the EU: Scotland and Wales Continuity Bills
Debate between Ross Thomson and Jeremy Wright(6 years, 7 months ago)
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The Attorney General
No, I am afraid the hon. Lady cannot have that. First, the Government of Wales Act 2006 applies here, not the current devolution settlement with Wales. Secondly, the Government have not picked a fight with anybody. What has happened is that particular Bills have been passed—on an emergency basis, by the way—in both the Welsh Assembly and the Scottish Parliament, which raise very serious questions about the competence of each to pass them. That is not just our view; it is the view of others as well. It is therefore the responsibility of the Law Officers to determine how that should be resolved. The way in which it gets resolved, as set out in the devolution settlements, is by reference to the Supreme Court. If we can avoid that, we would all like to do so. The negotiations that are under way—the reason I am optimistic and heartened is that I hope they will be successful—are a better way to do that.
Ross Thomson (Aberdeen South) (Con)
Opposition Members say that this is an attack on democracy, but does my right hon. and learned Friend agree that an independent judiciary is a vital component of a strong and functioning democracy, and, given the judgment of the Presiding Officer that the Bill’s introduction is outwith the competence of the Scottish Parliament, it is therefore only right that the Supreme Court itself makes a judgment on the legality of the Bill?
The Attorney General
My hon. Friend is right. As I said, there surely cannot be any doubt that there is a difference of view about whether the Bills are within competence or not. It is not simply the Government who have done that. The Presiding Officer of the Scottish Parliament has expressed the same view. To resolve the dispute, the devolved settlements are very clear: it is for the Supreme Court to do that. We make a reference so that they can, but the problem will go away if we can resolve this through negotiation. I certainly hope that we do.