3. Devolution

Question 1

Can UK Parliament legislate on devolved matters?

Answer 1

Yes, but by convention they choose not to

Question 2

The High Court, sitting as a court of first instance, is hearing a claim where one of the main issues is an ambiguous section in an Act of the Senedd Cymru. The claimant is arguing that the section in question is outside the Senedd Cymru’s legislative competence. How should the high court resolve this ambiguity?

Answer 2

s 154 of the Government of Wales Act 2006 (GWA) provides that where any provision of an Act of the Senedd could be read in such a way as to be outside or inside the Senedd’s legislative competence, it should be interpreted as being inside its competence.

Question 3

The Sewel Convention

Answer 3

Convention that the UK Parliament will not normally legislate on a devolved matter without the devolved legislature’s consent
(Conventions are not legally enforceable)

Question 4

When trying to determine whether a bill is within the devolved legislature’s competence, what is the process?

Answer 4

The attorney general in Westminster can refer the bill to the Supreme Court for a determination of whether it is within the devolved legislature’s competence

Question 5

Does the Senedd Cymru have power to amend acts of the UK Parliament?

Answer 5

Yes, if it is within their legislative competence

Question 6

Can acts of devolved legislatures be challenged on common law grounds (ie. irrationality etc.)?

Answer 6

No

Question 7

Do individuals (including universities) have the standing to challenge Acts of the devolved legislatures?

Answer 7

Yes