The Exemption of the Monarch

Part of 3. Questions to the Counsel General – in the Senedd at 3:41 pm on 23 April 2024.

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Photo of Mick Antoniw Mick Antoniw Labour 3:41, 23 April 2024

Well, listen, thank you for that response. I have to say that the Treaty of Montgomery is not something I've read recently, although I am aware of it. Certainly, this issue is a constitutional issue. There are strong and varying views on this. Just as we seek to comply ourselves with conventions and seek compliance, for example, with the Sewel convention, so we have also complied with the other conventions that exist in respect of legislation, but there is clearly a debate that is taking place on this particular issue.

There is a constitutional anachronism that is there. But can I just say this in respect of the Bill? In response to the palace's request, the Welsh Government did give a written assurance on the point of this convention to the King's advisers, and we said this:

'we confirm that when making regulations under Part III of the Agriculture (Wales) Act 2023 the Welsh ministers will keep in mind the exclusion by convention of the Crown in respect of criminal enforcement and powers of entry.' 

The assurance was to take account of the convention when making regulations. It did not commit the Welsh Ministers to any specific course of action when making regulations and, of course, any regulations that are brought forward under that will come forward to this Senedd, and if there are concerns at that stage, those are matters for this Parliament.