7. 6. Statement: Codes of Welsh Law

Part of the debate – in the Senedd at 5:33 pm on 13 December 2016.

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Photo of Mick Antoniw Mick Antoniw Labour 5:33, 13 December 2016

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 statement and to provide further information.

The engagement of the Assembly and all the political groups and the individual Assembly Members is important, because it will be important to understand what the issue of consolidation and codification is about. Codification will provide clearer categories of law, but the consolidation part of it is taking various laws and bringing them together in a simpler and understandable form, removing irregularities and contradictions, and so on, that may exist, and almost certainly will exist. Of course, what we don’t want to do is to apply necessarily the same process of scrutiny that we apply to new laws to ones where what we’re doing is effectively bringing together in a more accessible form the existing law. So, having an expedited system that is acceptable and is trusted by all those involved is going to be extremely important. The Law Commission makes a number of recommendations about that, but part of the engagement process, both with the Presiding Officer’s office and with Assembly Members themselves, will be to actually work that out and to look at that process. That is something that we’re actually going to start, as well as the consideration as to how we actually formalise it and possibly move to the establishment of a specific office that will deal with this process and bring regular reports to the Assembly and programmes of codification.

As the Member says, it is a very long-term process, but it is also one that will then set the parameters in respect of how we legislate in this place, so that if we are amending legislation, we amend within a code, but if we are legislating in a new area, we take the opportunities to actually ensure that fits within the context of the code. So, there’s still a lot of work to be done on that.

In respect of how we might evaluate the work, I think the first step is, really, to try and identify those areas where, as I’ve said, there might be quick wins, and culture and heritage is one. A lot of work has already been undertaken with the Law Commission in respect of planning. Planning is not only an extremely important area in terms of the commercial and business interests of Wales, but it is also an area that, because of the amount of work that has already been undertaken, will be a major project that is going to be ongoing and will be part of that process. We can look at some of the legislation we’ve already undertaken in respect of social care where, for example, there has been quite a degree of codification taking place.

So, I think over the next year or two, there is a possibility of actually showing in practice how we may codify certain areas, but whilst we’re learning from that process, also learning about what may need to change in respect of Standing Orders, but also what will probably be required in the way of legislation to put this on a statutory footing, because I think once we’ve evaluated it properly, we need to carry on into the future. This isn’t something that we dip in and out of. I say that cautiously because, as I’ve said, I’ve already put the caveats I have in terms of resources and in terms of the particular demands that we may need, so we’ve got to make sure that what we do is workable, but also has the flexibility so as not to be a process that actually obstructs us as an operating legislature. I think I’ve covered most of the points. Thank you very much.