The Case of Driver versus Rhondda Cynon Taf County Borough Council

Part of 2. Questions to the Counsel General and Minister for European Transition (in respect of his law officer responsibilities) – in the Senedd at 2:49 pm on 20 October 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 2:49, 20 October 2020

(Translated)

As regards the principle that the Member outlined in the question—that is, the principle of access and augmenting access to Welsh-medium education—the Welsh Government is completely supportive of that, for reasons, I believe, the Member would accept and agree with. But, from the point of view of the policy, as we are still looking at the legal analysis, I will avoid going into detail on that in this discussion. But I would be happy in the future, when that discussion has actually come to a conclusion, as it were, internally, to answer further questions, once the matter has been concluded. But, in the interim I would say, by virtue of my role as Government law officer, that it's important to ensure that we take the opportunity to make the case on how to interpret the Welsh text in legislation and in laws, and also to ensure that that principle of equality is emphasised.

Also, perhaps more broadly—not to enter the policy field but to give you slightly more detail—the question of the interpretation of whether a statutory clause shows a full schedule or list of the circumstances and the criteria that need to be taken into consideration is an important question, with a broader impact, perhaps, than this specific clause. But, as I was saying, in due course, when these decisions are taken internally, and when the legal advice has been assessed, I will be happy to take and answer further questions on those details at that point.