Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

What will be of some interest no doubt to this court when one looks at the prohibition at 108(6)(c):

"A provision which falls within subsection (4) is outside the Assembly's legislative competence if it is incompatible with the convention rights or with EU law."

Those are important -- that is an important provision because it is to be contrasted with other international provisions, as we shall see in a moment, which are not embedded in the statute in the same way, and which the Secretary of State has power to intervene with, but they are not written into the fabric of the devolution statutory regime.

My Lords and my Lady, the detail or the grit, if you like, of section 108 is dealing also with other aspects of legislative competence. So the structure is this: in Wales there is not this reserved powers model, it is a conferred powers model; so the Assembly gets the powers it has from what goes into, what comes out of, what is transferred across, within schedule 7, and section 108(c), however, is a red line constraint. So we move then from that to --

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