7. What representations has the Counsel General made in respect of appointing a Welsh judge to the Supreme Court? OAQ(5)0026(CG)

The Welsh Government has made representations on a number of occasions regarding appointing a Welsh member to the Supreme Court.

Counsel General, it seems to me that the absence of representation from Wales on the Supreme Court panel is an important gap in the democratic framework within the UK. Do you agree that the body adjudicating on constitutional matters affecting the whole of the UK population should include representatives from the whole of the UK?

The answer is that I certainly do agree. There has been argument in terms of what we mean by a Welsh judge or a Welsh representative on the Supreme Court and, of course, the issue is not just with regard to the Supreme Court, but also the lower level courts as well. There is an opportunity that arises in that, over the next two years, six Supreme Court justices will retire. Representations have been made by the First Minister and, in fact, the previous Counsel General about the lack of a Supreme Court justice with specific knowledge of Welsh law. And I also take the view that there should be a Supreme Court justice with specific knowledge of Welsh law. I’ve put it carefully like that, bearing in mind at the moment that we still have an England-and-Wales jurisdiction. The preferred option is that candidates should be required to have an understanding or the ability to acquire the understanding of the administration of justice in Wales, including legislation applicable to Wales and Welsh devolution arrangements. The selection and appointment processes, I think, are very aware of the representations that have been made from Wales, and I think we look forward optimistically to those representations being taken on board when the appointments are actually made.

Can I also say that there is a broader issue that is not just in terms of representation from Wales on the Supreme Court; there is a broader issue of the diversity of representation? And on that particular point, I suppose I can only do my best by commenting that the President of the Supreme Court, Lord Neuberger, said:

The higher echelons of the judiciary in the United Kingdom suffer from a marked lack of diversity and here I must admit the supreme court does not score at all well. We have one white woman and 10 white men, and, although two of the 11 were not privately educated, none of us come from disadvantaged backgrounds.’

I think there is a recognition and I think we are in the process of reform and change not just in terms of our own jurisdiction, but also in terms of the way that the courts themselves are changing. But it is something that I and, I know, Welsh Government is monitoring closely.

Thank you very much, Counsel General.