THE Welsh Government is set to press ahead with a legal challenge over Boris Johnson’s controversial “power grab” legislation, with the backing of Scottish ministers.
Jeremy Miles, Welsh European transition minister, wrote to UK ministers last month notifying of the intent to take action over the “outrageous attack on legislative competence” through the UK Internal Market Bill.
A response has now been received from the UK Government, but Miles has told members of the Senedd the questions which had been posed “haven’t been answered”.
He is expected to make a statement this coming week which will confirm the intention to proceed with the legal action.
The Scottish Government said it welcomed and fully supported the Welsh Government’s action and continued to work with Wales to consider the “next legal and constitutional steps”.
Constitution Secretary Michael Russell previously said also taking steps within Scotland had “not been ruled out”.
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The Internal Market Act was passed in December, despite the devolved nations refusing to give consent to the bill.
Plaid Cymru MS David Lloyd asked in the Senedd on Tuesday for an update on the legal action being taken by the Welsh Government against the UK Government.
In response, Miles said: “The Welsh Government wrote to the Secretary of State on December 16 indicating our intention to challenge the bill, as it was at that point.
“We have received a response to that letter in the past few days and we are considering the content of that letter at the moment. The Welsh Government will take all possible steps to protect the Senedd from this outrageous attack on its powers in this bill.”
Lloyd went on to ask: “We are losing powers, we are losing funds and losing control over our funds.
“Rejecting consent hasn’t helped at all, so how will you ensure we don’t lose powers and funds by challenging this Internal Market Bill and what discussions have you had with the Scottish Government and the Northern Irish Executive who have also refused their legislative consent to this legislation?”
In response, Miles said the Government would take “all possible steps” to safeguard the powers of the Senedd, which includes legal action.
He added: “As I have said, we received a letter in response to the letter that I sent and that is being considered at the moment in detail.
“But what I would tell the member is this – I have read the letter and in my view the questions we posed haven’t been answered so I do expect us to proceed with legal proceedings and I expect to be in a position to make a written statement to members next week updating them on that.”
In a previous statement issued by Miles, he said the action would “seek a declaration from the Administrative Court that the ambit of constitutional legislation cannot lawfully be cut down in this way”.
He told MSs that he will give a “clear picture” this week of the expected timescale – as well as analysis of the response from the UK Government.
“I plan throughout to keep members fully appraised of developments in this matter, given its significance to members and to the institution generally,” he added.
A Scottish Government spokesperson said: “The UK Government is proceeding with the damaging Internal Market Act despite the refusal of consent by the Scottish and Welsh parliaments in direct contravention of the Sewel Convention, which is supposed to prevent the devolved parliaments having their powers altered – in this case fundamentally changed – without their agreement.
“The UK Government has also ignored widespread opposition from business, trade unions, environmental and consumer groups and academics. We welcome and fully support the Welsh Government’s action to test the principles and legality of the act and we continue to work with Wales to consider the next legal and constitutional steps.”
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