Demand for £2bn Welsh HS2 cash could go to court

Calls for Wales to get billions extra to spend off the back of high speed rail in England could end up in court.

The Welsh government is considering legal action against the Conservative UK government over HS2.

Mark Drakeford said that the Welsh government is considering all options, "legal included", to challenge the decision not to provide the funding.

The UK government suggested cash could come to Wales as it shifts from HS2 to alternatives in England.

In the Senedd on Tuesday the first minister would not commit to pursuing that legal action if Labour won the next general election. Plaid Cymru accused the first minister of wanting it "both ways".

The HS2 project, which will see a high speed rail link built between London and Birmingham, has been designated an "England and Wales" scheme by the Treasury.

This means, unlike Scotland and Northern Ireland, Wales will receive no extra funding as a result of its being built, which could be worth up to £2bn.

Rishi Sunak announced in the Conservative Party conference last week that the second leg of HS2, from Birmingham to Manchester, would be scrapped.

There have been cross-party calls for the first leg of the project, to Birmingham, to be reclassified so Wales can benefit from the so-called "consequential" money.

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Speaking in response to a question from Plaid Cymru leader, Rhun ap Iorwerth, during First Minister's Questions in the Senedd, Mark Drakeford said: "In the current circumstances of course we continue to explore the avenues available to us, some of those may be legal, there are the intergovernmental relations courses of actions that we can use."

But Mr Drakeford said "no responsible party is going, in the run-up to an election, to be offering to sign cheques for the very, very many causes that will be put to that government, all of which, I'm sure, will have merit.

He added: "You have to allow an incoming Government, if there is to be a Labour government, to take stock of what it has inherited, to do the hard work of putting the economy back on track and then to make those investments in our future, including rail investment here in Wales.

Mr ap Iorwerth responded by accusing the first minister of "trying to have it both ways".

"They can't say on one hand that the Conservative UK government should pay Wales the compensation its owed as a result of HS2, and at the same time say a Labour government should be allowed to weigh up different spending priorities.

"They can't threaten potential legal action against the Tory government whilst refusing to commit to taking a Labour government to court on the same issue."

A UK government spokesman said: "The UK government is responsible for heavy rail investment across England and Wales, so spends money in Wales rather than funding the Welsh government to do so.

"As we shift our focus to local transport alternatives in England, the Barnett formula will apply for the Welsh government."