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

"In our view, each of the successive phases of Welsh devolution", so this is the third phase:

"... significantly increased the legislative competence of the Assembly. The distinction is most marked between the second and third phases."

So when I earlier spoke of the trajectory of devolution, this is the kind of thing, this is the kind of incremental process I had in mind. So that means, in our submission, that the constitutional context engaged by devolution is extremely important, an extremely important component element in determining the legal limits of the prerogative. The importance of constitutional statutes in this context has been stressed, and in our respectful submission, the devolution machinery reflects the passing of constitutional statutes on any view.

So when it is said by the Advocate General as it appears to be, see paragraph 24 of the devolution submissions, that we concede that the Sewel convention is, and I quote from his case, "legally irrelevant", that is a complete misrepresentation of what we do say. We have never said that. It is legally highly relevant.

Of course, the importance of the convention is not in terms of what does it mean in its precision, can it be enforced in any particular case? What it does mean, however, is that it reflects a practice, and it reflects a growing practice.

The practice we set out in our case, so at paragraph 78, the court will have seen our reference to the standing order 29, there has to be a legislative consent memorandum in relation to any relevant bill.

Then at paragraph 79 we have the memorandum of understanding.

Then of course, as I have, I think, mentioned earlier, we get in the future to a Government of Wales bill, if it becomes an act, will have the same provision as is currently in section 28(8) of the Scotland Act.

So we then get to what actually happens, what the Government actually says the practice is. This is all we rely on, this is the point. If one goes to paragraph 86 of our case, DGN, devolution guidance note 17 -- I said 86, it should be 85. If I just read these words, again, it is in our case --

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