“If Brexit is about “taking back control” then trying to override the British constitution is a bad start” says Counsel General for Wales
The Counsel General has said throughout the Brexit process that he will not work against the referendum result – but neither will he support a negotiating position that is damaging for Wales.
The UK will leave the EU, but the UK Government cannot trigger ‘Brexit’ by overriding the laws and conventions of the British constitution, the Counsel General for Wales, Mick Antoniw has said.
Last month, the High Court ruled the UK Government cannot use the Crown Prerogative to trigger Article 50 of the Treaty on European Union, which would begin the process of the UK withdrawing from the EU.
During a four day hearing before the Supreme Court, due to begin on Monday, the UK Government will appeal the decision.
Giving notification under article 50 will modify the legislative competence of the National Assembly and the powers of the Welsh Government under the Government of Wales Act 2006 and should be authorised by primary legislation; The UK Government does not have the power to short-circuit this important mechanism for dialogue between the democratically elected National Assembly for Wales and the UK Parliament, by using the prerogative in this way.
“That’s why the Welsh Government’s legal team will argue that the judgment of the High Court should be upheld, and that an Act of Parliament is required for the UK Government to give notice under Article 50.”
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