Supreme Court challenge for Welsh EU bill

The Law Derived from the European Union (Wales) Bill, which would keep European law in devolved areas in place in Wales after the UK leaves the EU, was signed off last month.

But now the UK Government has announced it has referred the legislation, as well as a similar bill passed by the Scottish Government, to the Supreme Court, which will be asked to rule on whether the bills fall within devolved powers.

Announcing the decision, UK attorney general Jeremy Wright said: “This legislation risks creating serious legal uncertainty for individuals and businesses as we leave the EU.

"This reference is a protective measure which we are taking in the public interest.

"The government very much hopes this issue will be resolved without the need to continue with this litigation.”

Senior Welsh Government ministers have repeatedly said they would prefer the UK Government's Brexit Bill to be amended to take concerns over devolved powers into account.

A spokesman said: “We have always said our preference is for a UK-wide Withdrawal Bill, which respects devolution and we continue to work with the UK Government to achieve this.

"In the meantime, our bill is a legitimate means of protecting Welsh interests and devolution settlement and we will defend any action before the Supreme Court.”

The idea of a continuity bill was first mooted by Plaid Cymru South Wales East AM Steffan Lewis, who said the Supreme Court action "demonstrates the contempt that the Conservatives have for the democratic wishes of the people of Wales".

“The broad support for the Continuity Bill in the National Assembly shows that defending Welsh democracy from a Tory power-grab is an issue that crosses party lines," he said. "Whether you voted to leave or remain, no one voted to strip the National Assembly for Wales of the powers it was granted by the people of Wales in two referenda.

"The Continuity Bill is Wales’ chance to resist a Westminster power-grab."