Legal status of the Sewel convention for Wales (GoWA 2006 s.107(6) and Miller)
In 2026 the UK Parliament passes an Act changing the law on school admissions in Wales, a devolved matter. The Senedd voted to refuse its legislative consent to the Bill. The Welsh Government asks whether it can obtain a court ruling that the Act is invalid, or at least that Parliament acted unlawfully, because section 107(6) of the Government of Wales Act 2006 recognises that Parliament will not normally legislate on devolved matters without the Senedd's consent.
Which of the following best describes the legal position?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: The Act is valid; s.107(6) recognises the Sewel convention as a political convention, which the courts will not rule on or enforce.
THE RULE TO REMEMBER
The Sewel convention, though recognised in statute, is a political convention: the courts will not enforce it or rule on its scope, and an Act passed without Senedd consent is valid.
Legal status of the Sewel convention for Wales (GoWA 2006 s.107(6) and Miller)
Section 107(5) of the Government of Wales Act 2006 provides that the devolution of legislative power to the Senedd does not affect the power of the UK Parliament to make laws for Wales. Section 107(6) adds that 'it is recognised' that Parliament 'will not normally' legislate on devolved matters without the Senedd's consent. In R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, the Supreme Court held that the courts cannot enforce a political convention: judges are observers of conventions and cannot give legal rulings on their operation or scope. Considering the parallel provision for Scotland, the court held that statutory recognition did not convert the Sewel convention into a rule that the courts can interpret, let alone enforce. The words 'it is recognised' and 'will not normally' confirm this. The Act is therefore valid in Wales, and any remedy for the breach lies in politics, not in court.
Why A is wrong: Miller held that statutory recognition did not convert the Sewel convention into a legal rule; s.107(5) preserves Parliament's power to legislate for Wales.
Why C is wrong: Courts cannot give legal rulings on the operation or scope of a political convention, so no declaration of breach will be granted.
Why D is wrong: Refusal of legislative consent has no legal effect on the validity or territorial operation of an Act of the UK Parliament.
Why E is wrong: Devolution jurisdiction concerns the competence of devolved bodies; it gives no power to quash an Act of the UK Parliament.
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