Jeremy Miles: Well, I had an opportunity, as a result of the question, to remind myself of the effect of the Acts and laws of the Middle Ages in Wales—the Member will be pleased to hear that—including the decisions made by the Aberdyfi council and the Rhuddlan judgments, and as Dai Lloyd mentioned to me yesterday, just to remind myself of the laws of Hywel Dda. I haven't managed to do that in the...
Jeremy Miles: May I thank you for your question? In any assessment of current or proposed constitutional arrangements or developments in Wales, at the forefront of the Welsh Government’s assessment is the law that is in force at the relevant time, and whilst of great historical importance, the Acts of Union have now been repealed.
Jeremy Miles: Well, this attack on judges and attack on their impartiality by virtue of the fact they're unelected fundamentally misses the point of the British constitution, actually. They're there to act impartially and they do so, and in this place we should resist any attempt to undermine that perception by allegations of failure to be impartial because they are unelected. You mentioned protocol 30: it...
Jeremy Miles: As the Member will know, the devolution settlement for Wales means that the Senedd and the Government of Wales operates within the context of the UK Human Rights Act, and that’s what the Welsh Government wants to see continuing: that the framework that provides fundamental rights for people in Wales continues beyond the period after we have exited the EU, not only through the Human Rights...
Jeremy Miles: I thank the Member for the question. As his question makes clear, the charter of fundamental rights extends beyond the convention of human rights and includes other rights; he mentioned equality rights—there are others around personal data and so on. 'Securing Wales' Future', which was produced a year ago by Welsh Government and Plaid Cymru, made it clear that in leaving the EU we need to...
Jeremy Miles: I thank the Member for the question. The Welsh Government has been clear that UK withdrawal from the EU should in no way lead to a dilution in human rights protections, or, indeed, any other social, environmental or employment protections. I fully support that position and advocate for it.
Jeremy Miles: You asked for clarification of the differences with the CPS code in general terms. There are a number of key differences: they're mainly in relation to the different nature of the offences the Welsh Government has prosecution responsibilities in relation to. So, one of the main differences is that, unlike the CPS code, the Welsh Government prosecution code doesn't include reference to a...
Jeremy Miles: Thank you to the Member for the question. On the last matters that he raised in his question, as he’ll know, the First Minister has established the Thomas commission, which will be looking into a lot of the questions related to the points raised by the Member on the journey of the devolution of justice and the institutions related to that, including the police. I wish the commission well in...
Jeremy Miles: Thank you. In relation to the publication of consultation responses, they have in fact been published, so I can make sure that they should have been emailed again today, but I'll make sure that the Member has a copy of that. He's right to say that there were a number of points raised in relation to the scope, as it were. Stakeholders wanted further clarity on who the code applies to, for...
Jeremy Miles: The Welsh Government's objective throughout has been to develop a Welsh Government prosecution code that is clear, accessible and fit for purpose, and the input of all stakeholders has been valuable in developing a code that would give a clear basis for Welsh Government prosecutions in future as we continue to enforce the laws for which we are responsible.
Jeremy Miles: The code sets out a number of specific factors for the prosecutor to consider when deciding on the public interest, which vary depending on the context of the prosecution. For example, in the context of an environmental prosecution, a prosecutor will need to consider the impact that the offence may have on the environment. The greater the impact of the offending on the environment, the more...
Jeremy Miles: Enforcement action that the Welsh Government has taken in relation to animal welfare and food production has resulted in prosecutions. Most recently, for example, a prosecution was brought in the Counsel General’s name for a breach of the EC egg marketing regulations and fraud. I am pleased to say that this prosecution resulted in a conviction, a fine, and a proceeds of crime order. This...
Jeremy Miles: Thank you, Deputy Presiding Officer. The Welsh Government holds a number of prosecution responsibilities in connection with its functions. These prosecution responsibilities principally relate to animal welfare, food production and fisheries. It is in the interests of good government that where laws create regulatory obligations and related offences, they are appropriately enforced, and it...
Jeremy Miles: I do agree that access to justice is a fundamental right and I worry that the UK Government's perspective is to move to a model where justice is paid for by the users of the courts system. My view, and that of the Welsh Government, is that justice is an essential public good, which is incumbent on the state to provide, rather than expect individuals to pay for the discretionary item....
Jeremy Miles: There is already a precautionary planning framework, which exists in relation to unconventional oil and gas extraction. The town and country planning directive of 2015 does not include exploratory boreholes, as he mentioned, which sometimes are part of routine engineering works.
Jeremy Miles: The cumulative impact of UK Government reductions in legal aid, increases in court fees and closures of local court buildings is of great concern to the Welsh Government. The Government takes every opportunity to raise our views on these matters with the Ministry of Justice on behalf of the people of Wales.
Jeremy Miles: The cumulative impact of UK Government reductions in legal aid, increases in court fees and closures of local court buildings is of great concern to the Welsh Government. The Government takes every opportunity to raise our views on these matters with the Ministry of Justice on behalf of the people of Wales.
Jeremy Miles: I recognise the Member’s commitment in this general area. I took interest in the debate that he held at the end of October, where the motion was supported by the Cabinet Secretary at the time. I am aware of that legal opinion, and officials are considering its content. It wouldn’t be appropriate for me to trespass on a policy area that is within the remit of the Cabinet Secretary, but I...
Jeremy Miles: I can't disclose legal advice, but, under the new settlement, planning will continue to be devolved. Oil and gas is a reserved matter, but the granting and regulation of petroleum licences, and access to land in Wales for the purposes of such licences, is an exception to this reservation.
Jeremy Miles: I thank you for that question. As I say, no decision has been taken on the future of the site, and the matter of the covenant will have to be addressed in due course if that were to proceed. But above and beyond that, I can't be drawn on his question any further.
