Part of the debate – in the Senedd at 5:57 pm on 20 March 2018.
Thank you for those questions, which touch on several different areas. The first question about the relationship between this and the work of the commission—one of the things that the commission looked at was that question of accessibility to the justice system in general, and that was in a wide-ranging way. As I said in my comments, I think it’s vital in a context where we’re losing legal aid and it’s generally more difficult for people to access legal advice. There’s a specific duty on us in that context, and on Governments, to make the law as accessible as possible and to publish law in several ways, so that people cannot only find it all, but understand it when they do find it.
Another element to that is that the commission is looking at the question of the jurisdiction, and consolidation and codification will restate this legislation as Welsh bilingual legislation. It completes that category of Welsh law in a much more understandable and specific way. So, that contributes to that debate.
I share his disappointment with the progress that we’ve made in terms of having a bilingual, dependable website for Welsh law. I have had very recent discussions with the Queen’s printer about this issue to see how we can move this issue forward. What I would say is that the linguistic element is a very specific one here, but in the England jurisdiction the shortcoming relates to the fact that the legislation there isn’t current either. So, this is a challenge across the United Kingdom, unfortunately. I have been discussing with them something that they’re developing for the Department for Environment, Food and Rural Affairs in the Westminster Government, which is DefraLex, which is some kind of temporary index so that people can find everything within a particular area even if it hasn’t been consolidated yet.
With regard to how the codes would work, there would be a duty on the Counsel General within six months of every Assembly to put forward a scheme or a plan. There will have been a public consultation on that, and Ministers will have agreed on the contents of the plan, and they'll have to look at the time at what areas are ready for reform, and there will be an opportunity then to codify. And if something has just been reformed and there's a period of policy silence, as it were, then that would also give us an opportunity to do some of this work.
I foresee that there will be a plan, and there will be several projects within that plan. Maybe some projects will take more than one Assembly term to complete. So, if that's in train when the next Government comes into power, then it would be possible for the Government to stop that work, but it would be much more likely, I think, to develop that scheme for the future. There will be a legal duty on the Government to bring forward a scheme, but the content of that will depend on the legislative circumstances and the general legislative programme of the Government at the time.