4. Statement by the Counsel General: The Legislation (Wales) Bill

Part of the debate – in the Senedd at 5:32 pm on 4 December 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 5:32, 4 December 2018

I thank the Member for a wide-ranging number of questions there. I hope I manage to respond to most if not all of them. On the question of the definition of codification and consolidation, the basic point of the legislation is to secure more accessible law, and I think one of the key principles there is to allow definitions to have their dictionary definitions as far as that is possible. So, I think, in the context of consolidation, my view is that that is probably well enough understood. On the question of codification, the Member mentioned the codification of common law as being the kind of paradigm that she might have in mind. We're not, generally speaking, talking about codifying the common law here. There might be, at the margins, some examples of where statute has taken on a particular meaning very well established in common law, but that is absolutely not the intention here. This is a question of codifying statute law. 

She mentioned the taxonomy, which is a sort of work-in-progress document at this point just to give a snapshot of what those subject headings could look like, but the basic point of a code within any of those headings would be to consolidate the primary legislation and then to publish that, together with consolidated secondary legislation and soft law and guidance within each particular subject heading. So, the code, if you like, doesn't have a separate legal identity in law; it is the culmination of a process of consolidation and co-publishing, if I can put it like that.

The point that she made at the end is very important, and I'll take that opportunity that she has provided to clarify what I'm intending there. The act of codifying is the first stage. It's a big task in itself, but, clearly, if a code is to maintain its value, it needs to be maintained as a code, so that when when legislation is brought forward to amend a particular subject area, the expectation would be that that would happen within the code. Now, ultimately, that is a question for the Standing Orders of the Assembly, and work is under way in relation to that. And to go back to the point of definition, there will need to be some clarification within the Standing Orders of what sort of legislation goes through any consolidation provision here in the Assembly. Essentially, that's a matter for Assembly process, really, rather than anything above and beyond that, but I think it's really essential for us to have in mind the fact that codifying is the first step, and maintaining the code is where the value accrues over time.