The big story is the Supreme Court's ruling that the UK Parliament must vote to start the Brexit process (“activate Article 50”) instead of it being left to the UK Government.
They simultaneously ruled the devolved administrations don't need to be consulted – meaning AMs won't have a vote. So it's a double defeat for the UK and Welsh governments (plus Scotland and Northern Ireland).
There'll be an abridged version of the Welsh Government's reaction at the end. Update: There's an excellent piece from Daran Hill over at Click on Wales that's well worth reading too.
Also, I haven't covered/won't cover (National Left did) the Welsh Government-Plaid Cymru “Brexit Plan” (pdf)....because it's not worth the paper/electrons it's written on. It's excellent work - one of the better papers of its kind I've read from Cathays Park - but any suggestion Theresa May and Co. will roll back on leaving the single market/Hard Brexit is fantasy.
If Labour, the Lib Dems and Plaid Cymru want Wales to leave the EU but retain best possible access to the single market there needs to be a separate Wales-EU deal (meaning Welsh independence). If they don't want that, they'll have to do what they usually do and accept what's coming their way from London. England's Brexit is Wales' Brexit.
Somewhat surprisingly, there was little discussion of Brexit during FMQs itself....
FMQs, 24th January 2017
Party Leaders
UKIP leader, Neil Hamilton AM (UKIP, Mid & West Wales), asked no EU question as he “didn't want to appear typecast”, so turned attentions to health. GP numbers are static despite rising demand for their services, and large numbers are worried about stress and misdiagnosing symptoms; would Carwyn accept there's a crisis?
The Welsh Government supports primary care to a level they deem appropriate and Wales has avoided the “humanitarian crisis” reported in England. The £43million primary care fund places emphasis on new and improved ways of delivering services. The answer lies not in more GPs, but people being referred to appropriate allied professionals like pharmacists.
Plaid leader, Leanne Wood AM (Plaid, Rhondda), asked whether the First Minister accepted rail commuters faced a “touch and go” situation getting to work? She faces regular delays herself, including this morning. People feel they're not getting value for money, and Arriva Trains Wales are pushing trains to breaking point. It's yet to be made clear to the Assembly what rolling stock would be provided for the new rail franchise, and whether they'll be new or second/third hand. Can he give answers and cast iron guarantees now?
Carwyn explained rail services aren't devolved yet, but will be next year and the Welsh Government want to ensure the franchise serves people with decent trains. The whole point of the South Wales Metro is to ensure more frequent services, better trains and joined up working between track and train operators – though there are difficulties in procuring diesel trains as it's outdated technology (see more : Making sense of the “Sardine Express”).
Conservative leader, Andrew Davies AM (Con, South Wales Central), focused on today's Estyn annual report, which was a damning indictment of Labour's leadership, with less than a 50% chance of pupils attending a secondary school with excellent or good teaching standards. We've seen “initiative after initiative” under Labour but we still get these damning reports; “You're failing”. Kids get one chance, and it's time the First Minister accepted responsibility.
The First Minister believes devolution of teachers' pay will enable them to offer an attractive training package. Not enough is being done to stretch more able students and that's part of the reason Wales lags in PISA results. He wasn't going to be lectured by anyone who stood for election threatening a 12% cut to the education budget; there are “indisputible facts” that GCSE and A-Level results are improving.
Backbenchers
Julie Morgan AM (Lab, Cardiff North) asked what discussions the First Minister has had with the UK Prime Minister on the future of regional policy? She emphasised the need to stress how important structural funding is to Wales.
The First Minister raised the issue of replacement funding with the Prime Minister last June and made their priorities on regional policy very clear. Promises were made from the Leave campaign that Wales wouldn't lose a penny post-Brexit, and he expects it to be honoured. However, we still don't have clarity beyond 2020 and there was a need to look at what tax levers could be devolved in future to improve the economy.
Simon Thomas AM (Plaid, Mid & West Wales) wanted to know what steps the Welsh Government were taking on Aberthaw power station following the European Court of Justice (ECJ) pollution ruling last September? The operators haven't yet responded to Natural Resources Wales (NRW), while Public Health Wales say 1,150 early deaths in Wales were the result of nitrogen dioxide pollution, including from Aberthaw.
NRW are responsible for modifying Aberthaw's environmental permit. The Welsh Government will closely monitor NRW's progress in delivering compliance. Emissions from Aberthaw have since reduced to a level “not far above acceptable”.
Neil McEvoy AM (Plaid, South Wales Central) asked what proportion of the Welsh Government budget was allocated toward fraud prevention? Jeremy Corbyn talks about a rigged system, when in Wales, Labour has created that rigged system, awarding grants to companies like Kancoat.
The First Minister said it wasn't possible to say what percentage of the budget went to fraud prevention, but there's a counter-fraud unit headed up by a retired police officer. Fraud investigations are taken forward regardless of who's the subject. Members need to make any allegations of wrong-doing known to appropriate authorities and/or present any evidence; Neil wouldn't dare repeat such allegations outside the chamber.
Article 50 Ruling Statement
The statement to the chamber was given by Counsel General, Mick Antoniw (Lab, Pontypridd):
- The proceedings raised issues of profound importance to parliamentary sovereignty and legal framework for devolution. The Welsh Government argued that prerogative powers shouldn't be used to alter the devolution settlement as set out in the Government of Wales Act 2006.
- The ruling means fundamental constitutional changes – including to the devolution settlement - can only be made by the UK Parliament, not government ministers. A Bill will be introduced shortly on Article 50; he welcomed the prospect of “full and frank debate” in the UK Parliament.
- Despite the ruling denying the devolved legislatures a vote, the Welsh Government will expect the UK Government to respect the Sewel Convention and listen to the views of the devolved administrations. The UK Government must engage in good faith and come up with an arrangement all four nations can get behind.
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