Internal Markets Act: Appeal allowed against block to challenge

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

Welsh ministers will be allowed to appeal after their legal challenge to a post-Brexit UK trade law was blocked.

They claim the Internal Market Act will restrict devolved powers but permission for a High Court challenge was refused on the grounds of being premature.

A court has now said the case raises "important issues of principle" about the Senedd-Westminster relationship.

Welsh Secretary Simon Hart accused the Welsh government of trying to block UK attempts to create jobs and prosperity.

"We are trying to do something that they think they should be doing - it seems incredibly childish," he said.

The Internal Market Act is a UK law that was drawn up to set out the terms of trade between the four UK nations after Brexit transition period ended on New Year's Eve 2020.

The law means that even if different UK nations set different standards, goods and services have to be allowed in all parts of the UK.

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.

The Welsh government said it would take legal action in January on the basis that the law "severely curtails" the powers of the Senedd.

However, a court refused its legal challenge on the grounds it was "premature" because there were not yet specific examples or circumstances to test that claim.

However, the Court of Appeal has now granted permission to appeal against that decision.

Mick Antoniw, the Welsh government's Counsel General - chief legal adviser - said the Court of Appeal had noted there were "compelling reasons" for it to hear the appeal, and that "the case raises important issues of principle going to the constitutional relationship between the Senedd and the Parliament of the UK".

'Mystifying'

Responding for the UK government, Welsh Secretary Simon Hart said: "They're trying to stop us creating and sustain jobs in Wales on a point of power.

"All we are doing with the UK Internal Market Act with widespread support from stakeholders across Wales is to make sure we can spend money, attract investors and create jobs.

"If they are successful in this appeal that's what they will stop. It is really mystifying."

A UK government spokesperson added: "The Court of Appeal has not ruled on the substantive case, it has simply agreed that the Welsh government may appeal the decision not to hear the case in full."

The Welsh government is expecting a date for the hearing in due course.