A law rushed through the Assembly last month will be challenged in the Supreme Court. The Agriculture Sector (Wales) Bill replaces the system for setting farm workers' pay and conditions in England and Wales, which the UK Government said was no longer needed.
The Attorney General, Dominic Grieve, has asked the Court to decide if the Bill is about agriculture, which is devolved to the Assembly, or employment rights, which are reserved to Westminster. The Welsh Government now cannot send the Bill for Royal Assent until -and unless- it wins in court.
The Agricultural Sector (Wales) Bill was passed by the National Assembly in July. The Bill will encourage new entrants into the agricultural industry and will help the sector to enhance and retain important skills in order to ensure the future prosperity of the sector.
The Attorney General in the UK Government has decided to refer the Agricultural Sector (Wales) Bill to the Supreme Court as he is unconvinced that it is within competence of the National Assembly. The Welsh Government disagrees and we continue to maintain that the Bill is within the legislative competence of the Assembly.
The Court will make its ruling later this year. The UK Government "intends to seek to continue" the old agricultural wages system in Wales until the Supreme Court decides the matter. The Conservatives, who opposed the Bill, say the Welsh Government has brought the court case upon itself.
The Welsh Labour Government was warned numerous times that they may not have the power to interfere in agricultural wages, so this referral to the Supreme Court is not a surprise. Labour Ministers rushed this bill through the Assembly using the emergency procedure to prevent proper engagement with and scrutiny by Assembly Members, farming unions and the agricultural industry, resulting in sloppy legislation and doubts over competence.
A cynic would think Labour Ministers wanted this Bill to end up in the Supreme Court as most of what they do is motivated by identifying differences between themselves and the UK Government. Labour Ministers should ditch their childish party political motives and start acting like a government by taking measured and considered steps to improve conditions for people in Wales.
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