Emergency measures intended to protect agricultural workers in Wales after the demise of the Agricultural Wags Board have been dealt a blow by the UK Attorney General.

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Attorney General Dominic Grieve has declared that the plans to create an Advisory Panel, to ensure workers' wages are not affected by the closure of the AWB in England and Wales this autumn, fall outside the Welsh government's remit.

As a result of Grieve's ruling, the final decision will be made by the Supreme Court, where the Welsh Government's emergency bill will be debated. Natural Resources Minister Alun Davies said he wants the new measures in place by October, when the protection afforded by the current Agricultural Wages Order comes to an end.

The closure of the AWB, which will affect the pay rates and work conditions of 150,000 workers in England and Wales, has been roundly condemned by the Welsh government and emergency measures put forward by Alun Davies were passed in Cardiff last month. The devolved governments of Scotland and Northern Ireland have both retained their wage boards.  

As it will be several months before the Supreme Court considers the Bill, a Welsh government spokesperson said on Tuesday that the government intends to continue the agricultural wages regime beyond 1st October, as would be the case under the new measures, until there is a ruling on the issue. The spokesperson said Cardiff had the UK government's support in so doing.

Labour's Shadow Welsh Secretary Owen Smith MP was highly critical of what he suggested amounts to an attack on the Welsh government's autonomy. Commenting on the Attorney General's referral, he said, "The Tory Welsh Secretary has twice tried and failed to block legislation passed by the Welsh Assembly. Those failed attempts have come at a great cost to the taxpayer and have been a waste of time and money.

"David Jones and Dominic Grieve voted to scrap the Agricultural Wages Board in England and now they’re trying to block a Bill that will protect the wages and conditions of 13,000 farm workers in Wales. But what's really at stake is Tory acceptance of the devolution settlement and respect for the Welsh Assembly. By teeing up yet another costly constitutional clash the Tories are revealing their antipathy to devolution and their determination to block Labour measures to make Wales a fairer place."

A Welsh Government spokesperson said the emergency measures "will encourage new entrants into the agricultural industry and will help the sector to enhance and retain important skills in order to ensure… future prosperity."The spokesperson said the government disagrees with the Attorney General and will continue to assert that the bill remains within its legislative competences.