North Wales MS Mark Isherwood held the Welsh Government to account yesterday over legal challenges it has pursued at a cost to the public purse.
In Wednesday’s Questions to the Counsel General and Minister for the Constitution in the Senedd, Mr Isherwood, who Shadows the Minister, referred to “significant expenses” resulting from their actions and was keen to know if they have learnt any lessons which will prevent such substantial sums being spent from public funds in the future.
He said:
“Rejecting a bid by the Welsh Government to overturn a Court of Appeal decision that a judicial review would be premature 16 months ago, the Supreme Court concluded; 'The Supreme Court has concluded there is no useful purpose in ruling on potential conflicts between the powers of the Welsh Government and provisions of the United Kingdom Internal Market Act 2020 until such time as a specific case arises.'
“Lady Justice Nicola Davies stated, '...it would be unwise for this court to address the issue identified in the declaration in the absence of specific legislation.'
“What advice did you receive and provide before pursuing this legal action? What lessons have you learned in respect of future legal challenges, and what was the cost of this to the public purse?”
The Counsel General responded: “ Our position has always been that our devolved statutory constitutional settlement overrides the internal market Act, which impliedly attempts to suggest otherwise. We think we're on very solid ground there.”
Mr Isherwood added:
“As I said, the Supreme Court ruled that your action was premature, and, yes, went ahead nonetheless, at, no doubt, a significant expense.”
Mr Isherwood went on to refer to the First Minister’s statement in January that Wales should have a gender self-identification system similar to the one approved in Scotland.
He said:
“The First Minister said that although Wales does not have the same powers as Scotland, he would seek them from the UK Government, and if these were obtained, he would put them to work in Wales.
“However, it turns out that Scotland did not, it appears, have the powers to do this either, with Edinburgh's Court of Session ruling last Friday that the UK Government acted lawfully in moving to block Scotland's plans to make it easier to legally change gender. The UK Government have blocked this from becoming law over fears it would adversely impact on the Equality Act 2010 applying in Scotland, England and Wales.
“What lessons have you learnt from this ruling in respect of future costly Welsh Government legal challenges regarding the operation of the law as it applies to matters constitutionally reserved to the UK Parliament and Government?”
He added:
“Two weeks ago, plans for the Welsh Government Bill intended to create gender quotas for Senedd elections were withdrawn. It's understood that the Presiding Officer received legal advice that it would not be within Senedd Welsh Parliament competence. However, it was already abundantly clear from the legal advice previously given to Senedd committees that the Senedd does not have the competence to introduce this Bill. What advice did you, therefore, receive and give regarding this?
“Why did you pursue this when there was evidence it would fail? How much has this cost the public purse? And isn't it the case that Welsh Government Ministers should stop wasting taxpayers' money pursuing fruitless legal action and instead focus on the powers it has and the services it is actually responsible for?”