The Counsel General for Wales, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy

The Counsel General for Wales, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy

The court held that it is inappropriate and unwise to determine the effect of UKIMA on the legislative competence of the Senedd in the absence of specific Senedd legislation. The issues raised are premature, hypothetical, and should be addressed in the context of concrete legislative proposals, not by way of abstract advisory declarations. The appeal was therefore dismissed.

Parties
Claimant/appellant: The Counsel General for Wales; Defendant/respondent: The Secretary of State for Business, Energy and Industrial Strategy; Interested Party: The Lord Advocate; Interested Party: The Attorney General for Northern Ireland
Jurisdiction
England and Wales
Judgment Date
09 February 2022
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Legislative Competence, Devolved Legislatures, Judicial Review, Statutory Interpretation, Prematurity, Internal Market Regulation
Constitutional Law Administrative Law Devolution Legislative Competence Devolved Legislatures Judicial Review Statutory Interpretation Prematurity +1 more

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Parties

The Counsel General for Wales

Claimant/appellant

The Secretary of State for Business, Energy and Industrial Strategy

Defendant/respondent

The Lord Advocate

Interested Party

The Attorney General for Northern Ireland

Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the court should grant permission to apply for judicial review to determine the effect of the United Kingdom Internal Market Act 2020 (UKIMA) on the legislative competence of the Senedd in the absence of specific Senedd legislation
  2. 2 Whether the amendment of Schedule 7B of the Government of Wales Act 2006 (GoWA) by section 54(2) of UKIMA amounts to a reservation or prevents the Senedd from legislating inconsistently with the mutual recognition principle in UKIMA

Ratio Decidendi

The court held that it is inappropriate and unwise to determine the effect of UKIMA on the legislative competence of the Senedd in the absence of specific Senedd legislation. The issues raised are premature, hypothetical, and should be addressed in the context of concrete legislative proposals, not by way of abstract advisory declarations. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to apply for judicial review refused as premature
  • No determination on the arguability of the claim