3. Yn sgil Adolygiad Lammy, a wnaiff y Cwnsler Cyffredinol ddatganiad am amrywiaeth yn y proffesiwn cyfreithiol yng Nghymru? OAQ51523

The Welsh Government believes that a fair and inclusive justice system can only be achieved if legal professionals fully reflect the diversity of the population they serve.

I thank you for your answer. We all understand the principle of equality before the law, but the question really is: what about equality within the law? And with the Commission on Justice in Wales considering how a distinct Welsh justice system might work, I believe it's imperative that we also reflect on what that system looks like, in terms of ethnicity, gender and social background. The UK Government, it seems, does not intend to take the necessary steps that were recommended by the Lammy report to create a more diverse judiciary. So, therefore, I ask: what can we do, what can Welsh Government do, to create a more diverse judiciary, and promote greater diversity throughout the legal profession?

Well, I thank the Member for that question, and for her continued advocacy of the cause of diversity and of equalities in general.

The lack of diversity in the criminal justice system identified by the Lammy review militates against access to justice, which is a key pillar of our democracy in Wales, and across the UK. Lammy demonstrated that this lack of diversity applies to those making important decisions across the criminal justice system, from prison officers and governors to magistrates and the judiciary more generally. And these are major issues for us in terms of the rule of law in the UK. In terms of the legal profession in Wales, and in terms of BME diversity, we are a little behind where we should be in terms of the general population of Wales, and there's more that we absolutely can do.

In terms of the Welsh Government's action in relation to this, the First Minister wrote, for example, to the chief executive of the Supreme Court recently, to underline the importance of securing diversity in the Supreme Court, and more generally throughout the judicial system. In Wales, appointments to the Welsh tribunal judiciary are made on the advice of the Judicial Appointments Commission, and are subject therefore to their policies on promoting judicial diversity.

She mentions the question of diversity in broader terms, covering gender, gender identity, sexuality, and so on. I think it would do us well to remember the words of Lady Hale, who is the president of the Supreme Court, who said when she took up appointment,

'I take the view that "difference" is important in judging and that gender diversity, along with many other dimensions of diversity, is a good, indeed a necessary, thing. However, the principal reason for this is not our different voice, but democratic legitimacy. In a democracy governed by the people and not by an absolute monarch or even an aristocratic ruling class, the judiciary should reflect the whole community, not just a small section of it.'

I was pleased to hear the Counsel General's reference to the importance of socioeconomic background, as well as gender and ethnicity, in diversity. He mentioned the Judicial Appointments Commission and being subject to their procedures. Does he anticipate any improvement in the diversity of that body to the degree that Welsh voices are heard within it to the extent that is ensured for Scotland and Northern Ireland? To what degree does he as Counsel General interpret his role expansively in diversity, and promoting that for the legal profession in Wales?

On the first question, in relation to the diversity of geography and jurisdictions, if you like, within the Supreme Court, of course the relevant legislation provides that the Supreme Court needs to have a blend of justices that reflect a knowledge and experience of all parts of the UK. It's the Welsh Government's strong position that that should include a justice for Wales. As he will know, the Supreme Court has a Welsh liaison judge—Lord Lloyd-Jones—with whom I met recently, to discuss some of these issues. I absolutely see it as part of my role to advocate for the question of diversity, generally speaking and including the legal profession here in Wales. I've had the opportunity of speaking with a number of people in relation to that and look forward to making that one of the priorities for my time as Counsel General.