Part of the debate – in the Senedd at 5:49 pm on 4 February 2020.
Well, that's entirely appropriate if we have a system for Wales. But I would question whether it is a reasonable ask for an England-and-Wales regulator. Although, I would support greater engagement with the Assembly on these issues as proposed, and perhaps these can be discussed.
I continue my disappointment with the Supreme Court and the arrangements there about the appointments. The report gets it wrong in terms of describing the appointment system and therefore fails to make the appropriate arrangements. It is not right that we have the Scottish and the Northern Ireland commissions represented on every Supreme Court appointment, always having 40 per cent of the say. I think we should change that so at least, on the England and Wales commission, we have this one lay member with appropriate knowledge of Welsh law. I think they should be there as a second member from the England and Wales commission, and I also think, adding to that, a seventh member of that panel; I think we should have the chairman of the justice select committee elected by all MPs of the House of Commons in a secret ballot.
I don't want to go down the route of the US and the Supreme Court and the politicisation there, but I think having one of several members who has got that position would help deal with some of the concerns about appointments in the judiciary, and would be better than the current system, which can allow for four judges to be making the appointments out of a commission of five. That's not appropriate and I think there should be reform in this area.