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Mick Antoniw MS, Counsel General and Minister for the Constitution

First published:
29 June 2021
Last updated:

I am committed to keeping Members of the Senedd updated about the steps the Welsh Government is taking to protect the Senedd from the attack on its competence made by the UK Internal Market Act 2020.

As Members are aware, the Welsh Government issued formal proceedings seeking permission for a judicial review in January 2021, recognising the difficulties faced by the Senedd because of the uncertainty that this Act leaves in terms of the Senedd’s ability to legislate (see Written Statement, 19 January 2021).

The Welsh Government’s application for permission was refused by the Divisional Court, on the ground that it was premature. The Court did not form a view on the substance of the claim. An appeal was subsequently submitted.

The Court of Appeal, by Order dated 23 June, has granted permission to appeal the Divisional Court’s decision, noting there are compelling reasons for this appeal to be heard by the Court of Appeal and that the case raises important issues of principle going to the constitutional relationship between the Senedd and the Parliament of the UK.

We expect a hearing will be listed in due course. I will continue to keep Members updated about progress.