High Court blocks Welsh challenge to post-Brexit UK trade law

The law undermines Wales' ability to set different standards from other parts of the UK, the Welsh Government claims

The Welsh government has been refused permission for a High Court legal challenge against the UK government over the Internal Market Act.

Counsel General for Wales Jeremy Miles claimed the act was an "attack" on the powers of the Senedd and could prevent it from making laws in devolved areas.

The UK government said nothing in the post-Brexit trade rules "alters the devolved competence of the Senedd".

The High Court ruled that the bid for a judicial review was "premature".

The act was drawn up to set out the terms of trade between the four UK nations after Brexit transition ended on New Year's Eve.

It sets out that even if different UK nations set different standards, goods and services have to be allowed in all parts of the UK.

• What is the row over 'internal markets' all about?

• Legal action over post-Brexit UK trade law

• Welsh Parliament rejects post-Brexit UK trade-law

Boris Johnson's government said it wanted to avoid different regulations emerging in the UK's four nations after EU rules no longer applied.

But the Welsh Parliament rejected the law, amid claims that this meant attempts to set higher food standards or environmental protection in Wales could be dragged down to a lowest common denominator in another UK nation.

Announcing the legal action in January, Mr Miles said the Act "severely curtails" the powers of the Senedd, and includes "wide Henry VIII powers" which UK ministers could use to "cut down the devolution settlement".

At a hearing in London on Friday, he asked the High Court to allow the case to proceed to a full hearing later this year.

However, on Monday, 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."

The judge added: "As the claim for judicial review is premature, it is unnecessary, and would be unwise, to express views on the arguability or otherwise of the arguments raised by the claimant."

Reacting for the Welsh government, a spokesperson said: "The application for permission has been refused on the ground that it is premature rather than whether it is arguable.

"Consideration will now be given to further steps including an appeal."

A Welsh Conservative spokesman said: "This is another embarrassing case of Labour wasting precious time, energy and taxpayers' money fighting unnecessary and unsuccessful battles against the UK government."

Plaid Cymru's Westminster leader, Liz Saville Roberts MP, said the High Court ruling was "disappointing", adding that independence was the only way to "ensure that our powers will remain fully protected in the hands of the people of Wales".

The Welsh Lib Dems said: "The answer to the problems caused by Brexit is not to pursue further constitutional upheaval that would have an even worse impact. It's to work with like-minded people across the nations and regions of the UK, and to fight for a federal settlement".