3. 3. Statement: Supreme Court Ruling on Article 50

Part of the debate – in the Senedd at 3:02 pm on 24 January 2017.

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Photo of Mick Antoniw Mick Antoniw Labour 3:02, 24 January 2017

I thank the Member for those questions and the points that he raises, which are very similar to the points he’s raised consistently over the past couple of months. Let me say, first of all, it has been very clear in everything I’ve said, and what the First Minister has said, that we respect the outcome of the referendum; the question is how Brexit takes place—that it takes place within the proper constitutional and lawful environment. That is what the case has actually been all about. Just to refer to the point with regard to EU treaties only, that is not correct. The fundamental point was that the prerogative, or a prerogative, cannot be used to change Laws passed by Parliament or to take away rights from individual citizens. And that would apply in other circumstances as well.

I’ll try and deal with the point the Member makes about what was the point of all of this. It was a fundamentally important point. I am very disappointed that he has still not grasped it. The point is the rule of law and the independence of the judiciary. That is the point. Because there are two streams of legal approach: one is that we operate by the rule of law. That is, a law that is based on fundamental principles and rights. The other is an approach to law where the sole purpose of law is to implement popular demand by Government, irrespective of the rule of law, principles and rights. And we see how those two have developed in history. Every dictatorship that has taken place has sought to undermine the rule of law. The approach he adopts is the approach that was adopted by Germany in overthrowing the rule of law in Germany, in Chile, and in Stalin’s Russia, and that is why the rule of law is so fundamentally important: laws based on principles. The approach he adopts is the approach that’s adopted by dictators, those who want to bypass fundamental rights, and that is not an approach I would ever advocate that we adopt within this Assembly or within the UK. That is why those rights are so important, and that is why the decision today in the Supreme Court was fundamental, because it was establishing very, very clearly the rights of the people of this country. It was underlining our parliamentary democracy and our system of fundamental rights, and that is something to be defended.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.