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Questions to the Counsel General and Brexit Minister (in respect of his "law officer" responsibilities): Legal Action With Regard to Prorogation (17/09/2019)

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Thursday, 26 September, 2019
Janet questioning the counsel general 17919

Janet:

Will the Counsel General make a statement on the Welsh Government’s recent application to the High Court to intervene in legal action with regard to prorogation?

 

Counsel General:

Presiding Officer, I understand that you've given permission for questions 1 and 3 to be grouped. I refer the Members to the written statements that I published yesterday and on 2 September. I intervened in the case because it is appropriate, necessary and proportionate to do so in order to safeguard the interests of Wales and this Assembly.

 

Janet:

Twice your Welsh Government has teamed up with an individual—Gina Miller—to challenge the actions of our UK Government. Most recently, you have intervened in legal proceedings in the High Court, supporting the legal case against the Prime Minister's advice to the Queen to prorogue Parliament. You claimed that you did not make the intervention lightly and stated:

'As the law officer, I have a duty to uphold the rule of law and the constitution'.

Now, whilst I appreciate that the matter is before the Supreme Court now, the High Court concluded that the decision of the Prime Minister was not capable of challenge. Will you therefore disclose to this Chamber how much of our taxpayers' money has been spent by the Welsh Government in your attempts to subvert the very source of our democratic sovereignty?

 

Counsel General:

Well, I think the Member fundamentally misunderstands the situation. The Welsh Government hasn't teamed up with anyone. As law officer, I have intervened in these proceedings, and I have had permission to do so by—

 

Janet:

How much has that cost?

 

Counsel General:

—the High Court and the Supreme Court. The Member may remember that the last time the Welsh Government intervened in a Miller case the Supreme Court found in favour of Miller, because the Supreme Court understood that the actions of the UK Government were designed to sideline Parliament. Those circumstances are the circumstances we face today, with a new Prime Minister seeking to sideline Parliament at exactly the time when Parliament should be sitting to scrutinise his actions and the Government's actions, and also to pass legislation to prevent the catastrophe of a 'no deal' Brexit. So, I make no apology for intervening on behalf of this Assembly. And Members here have sat and debated and considered legislation and asked Parliament to legislate on our behalf in order to ensure as smooth as possible a legislative statue book after Brexit.

 

Janet:

How much? 

 

Counsel General:

And that opportunity has been denied Parliament to sit and consider that legislation by the prorogation. So, I make no apology at all for standing up for the rights of this Assembly.

She shouts at me from a sedentary position the question of costs. The costs of intervening in the High Court stage were £8,937.91 plus VAT—with apologies to Mark Reckless for the question he'll be asking me later.

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