Welsh government refused permission for legal challenge over post-Brexit bill
- Credit: Matthew Horwood/Getty Images
The Welsh government has been refused permission for a High Court legal challenge against the Westminster government over post-Brexit legislation.
Counsel General for Wales Jeremy Miles tried to bring a full High Court challenge over the Internal Market Act, which he argued “severely curtails” the powers of the Senedd and could prevent it from making laws on food or environmental standards.
Miles said the Act was an “attack” on the powers of the Senedd, and also includes “wide Henry VIII powers” which UK ministers could use to “cut down the devolution settlement”.
At a hearing in London last week, Miles asked the High Court to allow the case to proceed to a full hearing later this year.
But the UK government argued that the claim is “hypothetical”, and that “nothing in the Internal Market Act alters the devolved competence of the Senedd”.
The High Court has now refused permission for the case to go ahead, saying: “This claim for judicial review is premature.”
Lord Justice Lewis, sitting with Mrs Justice Steyn, said: “A claim concerning the meaning or effect of provisions of Senedd legislation, or whether the legislation is properly within the Senedd’s legislative competence, is better addressed in the context of specific legislative proposals.
- 1 Could Mexican Coke spark a new Coca-Cola cold war?
- 2 A view from inside the Heathrow petri dish
- 3 Sadiq Khan re-elected as London mayor as Laurence Fox loses £10k deposit
- 4 The man the Soviet Union left in space
- 5 Why can't the English see what the Scots and Welsh can?
- 6 Labour should never have swallowed the Brexit pill
- 7 Noel Clarke: The man who would not take no for an answer
- 8 Election results demonstrate why rejoining EU is a long way off
- 9 Lack of SNP majority shows Scotland is not agitating for indyref2 – Gove
- 10 Labour gain seat from Tories in David Cameron's backyard
“It is inappropriate to seek to address such issues in the absence of specific circumstances giving rise to the arguments raised by the claimant and a specific legislative context in which to test and assess those arguments.
“Similarly, it is inappropriate to seek to give general, abstract rulings on the circumstances in which the power to make regulations amending the (Internal Market) Act may be exercised.”
The judge added: “As the claim for judicial review is premature, it is unnecessary, and would be unwise, to express views on the arguability or otherwise of the arguments raised by the claimant.”
Become a Supporter
The New European is proud of its journalism and we hope you are proud of it too. We believe our voice is important - both in representing the pro-EU perspective and also to help rebalance the right wing extremes of much of the UK national press. If you value what we are doing, you can help us by making a contribution to the cost of our journalism.