1. What assessment has the Counsel General made of the effect that the development of a separate legal jurisdiction would have on the size of the legal profession in Wales? OAQ51315

I thank the Member for that question. The First Minister has established the commission on justice in Wales, as he knows, and that commission will consider these matters. I have no doubt that the legal profession in Wales will engage fully with the work of the commission.

May I take this opportunity to congratulate the Member on his appointment as Counsel General? It gives me particular pleasure personally to have done so having attended university with him some quarter of a century ago now. As lawyers, we might see it as a good thing were the size of the legal profession to expand, but I wonder: speaking on behalf of the Government, does he have a view on whether a larger legal profession, on account of devolution and potentially a distinct jurisdiction, would be a good thing for Wales? Does he see any risk in distinguishing our legal system more clearly from that of England, perhaps for businesses who might be needing to pay for those lawyers?

Can I firstly thank the Member for the opportunity of addressing my first question on the matter of a separate legal jurisdiction? It provides me with the opportunity of paying tribute to my predecessor for his work in relation to that matter, both as Counsel General and previously on the back benches. The commission’s work will ensure that there is going to be a holistic analysis of all the issues relevant to the question of jurisdiction and the implications of that, including on the legal profession in Wales. The legal profession is an important sector to the economy of Wales. It employs thousands of people and contributes hundreds of millions to the economy of Wales, and as part of the commission’s terms of reference, there is explicit reference to promoting the strength and sustainability of the Welsh legal services sector and maximising its contribution to the prosperity of Wales.

The joint jurisdiction of England and Wales no longer reflects the reality of devolution and the growing divergence of law in Wales and in England. The Welsh Government’s position has been stated on a number of occasions. His question is about a separate jurisdiction, but previously the Welsh Government has proposed a distinct jurisdiction that would involve England and Wales becoming distinct legal territories and importantly would allow solicitors and barristers to practice in both jurisdictions without barrier. There seems to me no reason why that is incompatible with a distinct or a separate jurisdiction, and in fact a new approach to jurisdiction could create new opportunities and new work and career structures. We look forward to the commission’s ideas around that.

May I also welcome Jeremy Miles to his new post, despite attempting to prevent him from taking up his post up last week? I’m looking forward to working with him on these issues, and, certainly, Plaid Cymru has a great interest in what he has just outlined.

Could he just explain, as the First Minister has established the commission, what role he will have now as the new Counsel General to promote the work of this commission and the work of the profession in a broader sense? It’s something that Mick Antoniw was very interested in, and I also pay tribute to the work that he undertook during this Assembly on those issues.

Specifically, in looking at the work of the commission, is he of the view that this commission will share its work with the public in a broader sense, publish papers, publish the work as it goes on and so forth? Therefore, will there be an opportunity for us as Assembly Members and everybody who takes an interest in this to follow the work of the commission and the philosophy and ideas behind it, and then see how we can collaborate with the outcomes?

One of the benefits of establishing a commission of this kind, in my view, is the ability to air new ideas on jurisdiction and the profession and so on in a way that can inspire the public to become involved with questions that can be quite technical and complex. I think that’s an important role for the commission to play, and I hope that it will develop in that way, in due time.