Differences between English and Welsh Law

Part of 2. Questions to the Counsel General and Brexit Minister (in respect of his law officer responsibilities) – in the Senedd at 2:19 pm on 5 March 2019.

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Photo of Jeremy Miles Jeremy Miles Labour 2:19, 5 March 2019

Well, the Member identifies a very serious question and it is a challenge that arises by having primary law-making powers but not a separate jurisdiction and not having the justice system devolved to Wales. The Government has agreed a protocol with the Lord Chief Justice's office, which involves providing early notice of the content of legislation and the anticipated date of it entering into effect, and the impacts of that on existing legislation, and there are monthly meetings between the office of the Lord Chief Justice and Welsh Government officials in order to ensure that information flow remains current. The statutory responsibility for training the judiciary has been devolved by the Lord Chief Justice to the Judicial College, and our hope, of course, and our aim, is to ensure that the Judicial College has sufficient advance notice of the content of the legal changes that we make here in Wales in order for that training to be deployed.

There is a continuing debate about who should be financially responsible for the training of the judiciary in areas of law where there is divergence, and our position as a Government is that, as justice is not devolved, that is a responsibility of the UK Government. However, on a practical basis, clearly in some areas, for example housing law, where there's been significant change, there have been pretty extensive discussions between officials and the Ministry of Justice on how that can be translated into practical changes to core procedure, and so on. So, that does happen from time to time when there are particular issues of significant change.