2. What assessment has the Counsel General made of the proposed solicitors' qualifying examination and its implications for the legal profession in Wales? OAQ51696

Thank you for the question. We are considering the implications at present, and officials have met the Solicitors Regulation Authority to discuss the proposed new qualification and the implications for Wales, including the devolution settlement and use of the Welsh language. A further meeting is being set up to widen that discussion to include our law schools and the legal profession.

Thank you very much for that reply. May I say there are concerns about this examination, particularly in thinking of the ability of individuals to take the examination in Wales in Welsh and the fact that it doesn’t actually address the legal issues that pertain only to Wales, particularly following devolution? Will you join me in taking the opportunity to thank Professor Richard Owen from Swansea University for his work in the field, and tell us what the Government is doing to address the situation?

Certainly. A meeting has already been scheduled and has taken place with the officials of the SRA where these specific issues were discussed. I’m meeting the SRA again in a few weeks’ time and I intend to continue that discussion with them. There are two points arising here. The first is the role of devolved law in the new qualification, and we have to encourage law schools in Wales to come together to provide that qualification through their courses. This isn’t just of benefit to people working in Wales; it’s important for lawyers who practice outside of Wales who have clients here or who have clients who operate in Wales. So, there is a wide-ranging impact for the question, as you would expect.

In terms of the question of the language—this question was raised also in meetings with officials. It’s clearly important for the Government's goal of reaching 1 million speakers that the use of the Welsh language within the profession should be normalised and an everyday occurrence. So, it’s very important to ensure that this does happen. I have had communication this morning from the Welsh Language Commissioner on this subject, as it happens, and I looked at some of the announcements made by the SRA in this context, and I have to say that I was disappointed to see that there wasn’t enough ambition in what was being proposed at the time. Several assessments within the new qualification are going to happen on a multiple-choice basis, so that should be quite simple to provide jointly through English or Welsh.

Does the Counsel General welcome the proposed changes, not least the scope they may give for expanding the socioeconomic intake into the profession? One of the drawbacks of the current system is people start their conversion course and find out that many of the largest and top firms have already closed their recruitment in July for two years ahead. Would this new proposal not allow broader socioeconomic intake?

I think the answer to that question is that it may have the potential to do that. At this point in time, obviously, although the new qualification is being consulted on, the detail of how it will operate in practice and how it will relate to the academic stage and the work experience stage is not entirely clear, and that's one of the issues I want to explore when I meet with the SRA.

The Member is correct to say that in providing a common benchmark across a range of routes into the profession, it ought to have the ability to provide a level playing field. But as he will also know, some of the larger practices have tailored courses with the legal practice course providers, and if those survive into the new regime, as it were, it might have the potential to create a kind of two-tier system. So, there are some questions that I think need to be explored. Obviously one would hope that—as his question outlines—there will be a level playing field that comes as a result of this. It is certainly the case that the current arrangements aren't satisfactory for the reasons that he gives.