2. 2. Questions to the Counsel General – in the Senedd on 11 October 2017.
1. What discussions has the Counsel General held with law officers regarding appointments to the Supreme Court? (OAQ51164)[W]
It is not my intention to make statements about discussions I have had with law officers or to disclose the content of any such discussions. This is an established convention designed to preserve the confidentiality of those discussions and the relationship between law officers.
Thank you for that usual response. I hope, as the Member for Pontypridd, you could join with me in welcoming and congratulating a Pontypridd boy, David Lloyd Jones, on his appointment to the Supreme Court. He took his oath in Welsh in the Supreme Court, which was also to be welcomed, and I think you were there to witness that.
There are two things emerging from the fact that David Lloyd Jones is now a member of the Supreme Court. First of all, is this a solution to the question as to whether there should be a permanent Welsh representative at the Supreme Court? At the moment that isn’t assured to us in legislation nor in convention, but, of course, a person is in place now. So, what are you doing, as Counsel General, to move forward to ensure that this is a right? Because I believe that Wales should have the right to have a member of the Supreme Court.
Secondly, I noted that David Lloyd Jones, as part of the process of appointment, had called recently in Swansea for a Welsh institute of law, which would promote awareness of the law. Have you had any discussions—perhaps this is something that you could reveal to the Assembly—with David Lloyd Jones and others on this concept?
Firstly, I thank you very much for the question, and yes, I very much do welcome the appointment of David Lloyd Jones as the first Welsh judge of the Supreme Court, and the first Supreme Court judge to take his oath in Welsh and in English. I’m particular pleased about the fact that he is a citizen originally from Pontypridd, and so the development is extremely welcome. He is certainly a judge who has a considerable reputation, a considerable knowledge of Welsh law and matters relating to the Welsh language, and fulfils that function, I think, very, very satisfactorily.
Of course, you’ll be aware that we have made representations over the years in respect of the need for a permanent Welsh judge on the Supreme Court. By ‘Welsh judge’, I suppose you have to mean a judge who has a commitment to and an understanding of, and a knowledge of, the interests of Wales and the judicial process and the laws of Wales.
I see this as a first step. My view is that I think we are on the way to the whole issue of legislative change, eventually, which will require a permanent position. At the moment, of course, it is complicated, as you know, because of the way the law exists in terms of representation of all parts of the UK—by reference to jurisdictions—and we are still part of the England and Wales jurisdiction. But as we’ve discussed on many occasions, there is considerable movement as a result of the devolution process. Our representations still stand in respect of the need for a permanent judge and for legislative change to achieve that. But I believe very much that we are halfway there.
And, yes, it was a great pleasure for me to be there at the swearing in, because this was a symbolic occasion, but it was also an extremely important Welsh symbolic occasion and marks an important milestone in the development of the Welsh jurisdiction and Welsh law.