Part of 2. Questions to the Counsel General and Minister for European Transition (in respect of his law officer responsibilities) – in the Senedd at 2:53 pm on 20 October 2020.
Well, I'm very grateful to the Member for giving me the opportunity of spelling out my vision for the devolution of justice in Wales—we may be some time. But, just to give a summary of the position, I think that the work of the Thomas commission, established by the former First Minister, is an exemplary analysis. It's hard to imagine a weightier set of contributions to the debate than that report represents. It is genuinely important in the history of devolution in Wales. It makes the case very elegantly and in a way that anybody with a mind to evidence will find it a challenge to contradict.
I'm encouraged that the Lord Chancellor has emphasised, at every opportunity, that what matters to him is outcomes and not process. So, I would be very keen to continue the discussions that we've begun to have with the UK Government, which will focus on improving outcomes for people in Wales, which I know is her concern, as is mine. I heard the remarks of the Lord Chancellor, and he talked about sharing efficiencies. Of course, what that has meant in Wales is the decimation of the funding for the justice system. That's what the sharing of efficiencies has meant in practice.
I would also take the opportunity, which she kindly gives me, to make it quite clear that the Welsh Government's position on the devolution of justice to Wales poses no threat at all to the ability of lawyers qualified in the currently conjoined jurisdiction of England and Wales to continue practising in the other into the future. There is no reason whatsoever why there should be any restriction on practitioners in either jurisdiction operating fully in the other. Certainly, that is the position that we would advocate here and have advocated to the commission itself. The only point that I was making about coming back to this topic in future is to recognise the realities, which I know that she will herself recognise, that the focus of the Government in Westminster, as in Wales, has in recent months obviously been on the response to COVID. And, with the best will in the world, the discussions we would have liked to have been able to have in relation to advancing the devolution of justice in Wales have not been able to be progressed at the pace that, certainly, I would like to see happening. But I hope, very soon, that we will be able to return to those discussions constructively.