Mick Antoniw: It is certainly the Welsh Government’s case that there should be no rolling back of those devolved areas, and those powers currently residing in Europe that relate to those devolved areas should be dealt with as I have outlined. So, I welcome the comments that the Member has made. I would urge him to go one step forward and actually support the concept of the rule of law in respect of the...
Mick Antoniw: Members will know my advice is legally privileged. However, Members will know that the Human Rights Act is embedded in the Government of Wales Act 2006 and consequently impacts on legislation made by the Assembly and Welsh Ministers.
Mick Antoniw: Thank you for the question, and, as has previously been set out by the First Minister in his evidence to the House of Lords EU Select Committee, the Welsh Government is fundamentally opposed to the repeal of the Human Rights Act 1998, and, similarly, to any withdrawal from the European Convention on Human Rights. The Human Rights Act affects the Welsh Ministers and the Assembly in two very...
Mick Antoniw: I refer the Member to the written statement published last Friday, attaching my written submissions to the court. As I’ve previously said, this case raises profound issues about the United Kingdom’s constitutional arrangements, and the legal framework for devolution. It’s right that Wales should be heard on those issues, and we will be putting our case at next week’s hearing.
Mick Antoniw: The Member raises a very, very important point in that we do actually also have to think beyond the ultimate judgment. If the judgment is upheld, and it is necessary for Parliament to legislate, then further issues arise: firstly, in respect of the Sewel convention, in that the Bill will inevitably impact on the devolution settlement and we would have a voice at that stage. What I would...
Mick Antoniw: I would certainly agree with what the Member says. Any suggestion that, on the one hand, a competency is laid with the Assembly within our devolved area but that the funding is then removed to another body, whether it would be to Westminster or wherever, raises very serious issues in respect of the rolling back of devolution, and a significant change in direction of the devolution settlement,...
Mick Antoniw: Thank you for the question. We continue to make representations. The proposed changes to civil litigation and small claims are likely to have serious impacts on people across Wales, and we are continuing to challenge the UK Government on reforms that restrict access to justice.
Mick Antoniw: The simple answer to that is ‘yes’. I’ll elaborate on it to the extent that we continue to make representations to the Ministry of Justice about its raft of reforms to the justice system to ensure that access to justice is available for everyone in society, including the most vulnerable. We have serious concerns about the quality of the evidence provided by the Ministry of Justice in...
Mick Antoniw: As Counsel General, I have not yet had any specific discussions regarding promoting gender equality within the legal profession in Wales. However, equality is an important aspect of my desire that the legal sector in Wales is to be cherished and nurtured, supported and encouraged to innovate and grow, but is also representative of the society in which it operates.
Mick Antoniw: Whilst not, perhaps, directly relevant to the question, the Welsh Government has made representations in these areas, in particular about the composition of the Supreme Court. The issue has also been raised by the Judicial Appointments Commission itself and by a number of justices themselves. The Member may well be aware of some of the comments made by Baroness Hale, the sole woman on the...
Mick Antoniw: Thank you, Presiding Officer. As a young legislature with relatively new powers to legislate, we in the National Assembly for Wales have a unique opportunity to bring order to the laws that we have inherited and to take a different approach to making new laws. This approach would put the citizen—the ultimate users of legislation—first, by ensuring our laws are clear, accessible and well...
Mick Antoniw: Well, can I thank the Member for his thoughtful comments, and also for taking us back to 962? Over the last week, I think I’ve spent a considerable amount of time in the Supreme Court, examining some 20,000 pages of documents taking us back to the 1300s, and there was some reference to Welsh law, but the history of law is important. This is an exciting project, an exciting step forward,...
Mick Antoniw: Thank you very much, and also thank you very much for almost leading the way, really, through the CLAC report on the whole area of codification. I think it’s important that’s acknowledged, because a considerable amount of work has gone on over previous years, not only through that, but with my predecessor and others as well. And of course, in due course, I’d like to make a further...
Mick Antoniw: I thank the Member for those very positive and encouraging comments, and wishing me well. I felt for a moment as though I’m heading towards the executioner’s block with the amount of bonhomie that was being directed towards me. These proposals are a test of the maturity of this institution as a Parliament and he correctly makes the point that this will be the first Government within the...
Mick Antoniw: I thank the Member for that question. As I understand it, the British Influence think tank has sought permission for a judicial review in relation to the applicability of the European Economic Area Agreement to the UK, in relation to Brexit. It is not clear whether permission will be granted, but I understand that an oral hearing for ‘leave’ is now listed to take place in February, which...
Mick Antoniw: Well, the first thing to say is that the new case that’s being brought under article 127 does relate to an important area where the UK is a signatory to an important treaty. It’s worth looking at the specific legal arguments that have been put, as we understand it, in that particular case. What they are saying is that membership of the European Union is a gateway to join the EEA but is...
Mick Antoniw: My constituency, of course, is Pontypridd, and the majority of the constituents in Pontypridd constituency actually voted to remain, so I suggest you’re asking me to take action for ‘remain’. [Laughter.] But what I would actually say is that my role here is that of Counsel General, which is as adviser to the Welsh Government and to protect the constitutional interests of the Welsh...
Mick Antoniw: Members will know that my advice is legally privileged, but I place a great value on the use of enforcement powers to make legislation effective. You will be aware of the prosecution work being undertaken by me to protect both marine natural resources and the integrity of food produce in Wales through the enforcement of Welsh law.
Mick Antoniw: The answer is yes, there will certainly be—. One of the areas I’m concerned about is ensuring that, whatever changes and lacunas that occur in respect of Welsh law, nevertheless, we are able to adequately and properly enforce our laws and those areas within our jurisdiction. So, to that extent, you’ll be aware of the statements that I’ve made in respect of the fisheries prosecutions...
Mick Antoniw: The Welsh Government has continued to make representations to the UK Government about the adverse impacts of court closures on access to justice, which, for many people, will mean longer and more expensive journeys to attend court and much more limited access to justice.
