Welsh devolution challenge to Internal Market Act refused

The Welsh Government has failed in a proposed challenge to the United Kingdom Internal Market Act as encroaching on the Welsh devolution settlement, with the High Court refusing proposed judicial review proceedings as "premature".

The Cardiff Government sought permission to bring proceedings on the basis that the Act, which attempts to ensure free movement of goods within the UK following Brexit through a single market arrangement, could prevent the Welsh Senedd from passing laws in devolved areas.

The Act requires that goods and services must be tradable in all parts of the UK even if different jurisdictions set different standards.

Jeremy Miles, the Counsel General for Wales, claimed the Act severely curtailed the powers of the Senedd.

However the High Court ruled the proceedings premature.

Lord Justice Lewis, sitting with Mrs Justice Steyn, said: "A claim concerning the meaning or effect of provisions of Senedd legislation, or whether the legislation is properly within the Senedd's legislative competence, is better addressed in the context of specific legislative proposals.

"It is inappropriate to seek to address such issues in the absence of specific circumstances giving rise to the arguments raised by the claimant and a specific legislative context in which to test and assess those arguments.

"Similarly, it is inappropriate to seek to give general, abstract rulings on the circumstances in which the power to make regulations amending the Act may be exercised."