Welsh Government granted appeal against Internal Market Act ‘power grab’ court decision

The Court of Appeal has granted the Welsh Government the right to appeal against what they have called a “power grab” of their powers by the UK Government.

Back in April, the Welsh Government had been refused permission for a High Court legal challenge against the UK Government over the Internal Market Act.

Then Welsh Counsel General Jeremy Miles had said at the time that they would not tolerate the UK Government’s “undemocratic assault” on devolution.

But the court refused permission, saying that it was “premature” to contest any potential power grab before such circumstances arose.

Today, however, the new Counsel General Mick Antoniw confirmed that the Court of Appeal had granted permission to appeal the Divisional Court’s decision.

He said that they noted that “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”.

The message was published saying: “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.

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