Leaving the EU: Scotland and Wales Continuity Bills

Susan Elan Jones Excerpts

Wednesday 18th April 2018 Commons Chamber

[The Attorney General]

I agree with my hon. Friend. He is right that whatever our final judgment may be, or whatever the final judgment of the Supreme Court may be, no one should disregard the views of a Presiding Officer of a Parliament. I feel confident that I have Mr Speaker’s support in saying that at least. My hon. Friend is also right about what we want. We want a negotiated settlement that is agreed between all the Governments involved. That must remain, and does remain, what we seek to achieve.

[Susan Elan Jones (Clwyd South) (Lab)]

The Minister says he is hopeful. The Minister says he is heartened. Why can the Minister not actually be helpful and recognise that in Wales we now have a reserved powers model? We know perfectly well that agriculture, for instance, is to be decided in Wales. Why on earth can he not recognise that and why are the Government seeking to pick a fight with the Welsh people? Why do they not just get on and recognise it?

[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.