8. Statement by the Counsel General: Consultation on the Draft Legislation (Wales) Bill

Part of the debate – in the Senedd at 6:05 pm on 20 March 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 6:05, 20 March 2018

I thank the Member for his questions. Just in turn, he mentioned the changes to the corpus of law and the amendments that might come as part of the consolidation. It's very important to underline the fact that a consolidation exercise is not about law reform, and, in the discussions we've had with the Assembly Commission about the procedural requirements that a consolidation exercise brings with it, it's been absolutely crystal clear that what we're not talking about is policy change; it is really about ensuring that the law functions better, if you like. And, actually, he mentions the point about the jurisdiction—I mean, that is not the principal aim of what's comprised in this consultation. I would echo his point that, really, it's about a practical application of the law, making it more intelligible and making it more accessible in a very day-by-day way. That is the principal objective of my proposal in this consultation.

On the question of the Interpretation Act, the reality is that the 1978 Act has a lot of material that is not relevant to legislation made in this place through the devolution settlement, and, of course, it's only in English, so there's a whole body of authoritative law that we pass here that does not have its own interpretation Act, and that's the Welsh language version of every Act that we pass. And so it's absolutely vital that both those two aspects are addressed and the consultation contains proposals for that.

I think, on the question of conflict, to my mind, the most important thing is that we have an interpretation Act that works for the devolved settlement in Wales and that it's very clear when that Act applies and when the Interpretation Act 1978 applies so that lawyers and members of the public accessing legislation with crystal clarity understand where they go to understand the law.