11. Motion to agree to the First Minister's recommendation to Her Majesty to appoint a Counsel General

Part of the debate – in the Senedd at 5:31 pm on 8 January 2019.

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Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru 5:31, 8 January 2019

(Translated)

I also rise to state that we as a group will not be supporting this motion. We will be voting against the motion. I will explain my reasons, and, like David Melding, I will explain that I have no problem at all with Jeremy Miles being Counsel General. Neither do I have a problem with Jeremy Miles being the Minister for Brexit. The question here is: how can it be appropriate for one person to carry out both roles, when it appears entirely clear in legislation that that should not happen, because there is a clear conflict here?

The Welsh Government, on its website, Law Wales, explains the role of the Counsel General. They say that it is:

'the Welsh Government’s Law Officer, which means the Welsh Government’s chief legal adviser and representative in the courts. The Counsel General also works to uphold the rule of law. The role has a number of important specific statutory functions, some of which are to be exercised independently of the Welsh Government and in the public interest.'

Today, we are asked to approve the appointment of one who cannot operate truly independently of the Welsh Government, because he is listed by the Welsh Government themselves, as we heard from the previous speaker, as one of their Ministers—and a Minister, of course, in one of the most complex areas in which the Welsh Government is involved at the moment.

Now, you could argue that there is some common sense in this, because so much of the work relating to Brexit is complicated legal issues, but the role of the Counsel General is to provide legal advice to Government, to provide legal advice to the Brexit Minister. Now, assuming that Brexit is so important to the Government's work, I would assume that the Counsel General would spend much of his time providing legal advice to himself, and I would ask this question of the Government: what arrangements have been put in place to ensure that the Counsel General, who is also the Brexit Minister, can seek independent legal advice? The fact that that question has to be asked by me proves that a Counsel General who is also a Brexit Minister cannot do that work properly.