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 5:28 pm on 8 January 2019.

Alert me about debates like this

Photo of David Melding David Melding Conservative 5:28, 8 January 2019

Thank you very much, Llywydd. Can I just say that the remarks I'm going to make are in no way a reflection on the individual, whom I hold in very high esteem? But Jeremy Miles is listed on the Welsh Government's website as, I quote, 'the Counsel General designate and Brexit Minister'. His duties as a Minister, as far as I can work out, include chairing the Cabinet sub-committee on European transition, the EU structural funds and the shared prosperity fund. The First Minister was congratulated by one of the Labour backbenchers this afternoon on appointing a Brexit Minister and the First Minister then replied to that by saying that he thought it was very important that that Minister had the co-ordinating role.

The Welsh Government website carries the title 'Cabinet Members and Ministers', and it is subtitled 'Information about Welsh Government Ministers and Deputy Ministers'. The post of Counsel General is not listed separately on that page. There are 14 Ministers and Deputy Ministers listed, including the First Minister. Llywydd, we need to clarify the following: how does this arrangement comply with the relevant sections of the Government of Wales Act 2006, which limits the number of Ministers to 12, not including the First Minister and Counsel General? My interpretation of that is that you're allowed 13 Ministers plus a Counsel General. And, secondly and further, how does it fulfil the requirements of section 49(9) of the Government of Wales Act 2006? And, if I may read from that:

'A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices',

i.e. cannot be a Minister. Obviously, we will get some sort of explanation, but I do find this motion to be highly irregular and in need of at least further clarification, because I think we are in breach of the Government of Wales Act. Therefore, the Conservative group will abstain on this motion this afternoon.