THE Scottish Government says it “fully supports” Welsh ministers as they prepare to take the UK Government to court.
Appeal judges have overturned a refusal over the Welsh government’s Internal Market Act court challenge.
The Westminster legislation has been described as a “power grab” by Holyrood leaders and authorities in Cardiff say it “seeks to impose the UK Government’s will on Wales, in a way that disproportionately favours the interests of England”.
Earlier this year the Welsh government announced a plan to take UK ministers to court. However, this was refused, with a High Court justice calling the case “premature”. That’s now been overturned by the Court of Appeal. A request for a judicial review will now be heard.
READ MORE: Welsh government CAN take Westminster to court on Internal Market Act
Yesterday Mick Antoniw MS, Counsel General and Minister for the Constitution, said: “We expect a hearing will be listed in due course. I will continue to keep members updated about progress.”
The Internal Market Act came into force as the Brexit transition period ended at the turn of the year. Boris Johnson’s UK Government says the move avoids a divergence in standards on goods and services emerging between the UK nations. However, there are fears in Cardiff and Edinburgh that this will remove autonomy and see decisions made in London which impact on devolved areas.
Welsh Secretary Simon Hart (above) has called Mark Drakeford’s Labour administration “childish”. But the Court of Appeal said the case raises “important issues of principle” about the relationship between Westminster and the Senedd. Antoniw said the court had noted “compelling reasons for this appeal to be heard”.
The initial refusal came after High Court justices decided the case was “premature”, with the specific circumstances needed to test the claim lacking.
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Responding to the news, the Scottish Government said: “The UK Government continued 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 of 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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