5. Statement by the Counsel General and Minister for the Constitution: Codes of Welsh law: A programme to improve the accessibility of Welsh law

Part of the debate – in the Senedd at 4:05 pm on 21 September 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 4:05, 21 September 2021

Now, our consolidation of planning law won't cover cattle trespass and ploughing, but it will provide a comprehensive statement on the use of land, aided by the Law Commission's proposals to simplify and modernise the law in this area. The planning system is essential to shaping sustainable development and places, helping economic growth, while at the same time reflecting social, environmental and cultural considerations. An effective and efficient planning system is vital to civil society, and simplifying and consolidating the law is needed to fully achieve this. 

Consolidation of several different existing Acts into one well-drafted and bilingual Act will be one of our most effective tools to improve the accessibility of Welsh law. I have previously announced that we will be consolidating the law on the historic environment, and I can now update Members on our progress. I will be introducing this Bill in 2022, with the intention of replacing existing law that is decades old and that has been amended repeatedly and differently in relation to England, Scotland and Wales. This has left a confusing tangle that even legal professionals find perplexing, and most of it is only available in English. The work that has already been done on the draft Bill shows the benefits that consolidation will bring. Legislation for listed buildings and scheduled monuments has been brought together and restated to make it more logical, easier to read and more internally consistent across the various provisions. In future, users will be able to turn to one piece of primary legislation for the law on the management and the protection of the historic environment, and that law will be made for Wales alone and will be fully bilingual.

The programme also identifies further areas of the law where we will be assessing the value and potential for consolidation, with a view to bringing forward another two Bills before the end of this Senedd term. Alongside the legislative projects in this programme, we're also seeking to expand and develop our Cyfraith Cymru/Law Wales website, which provides explanatory material and guidance about Welsh law.

I can also confirm that we are beginning the long overdue task of making the Welsh language text of our legislation available in up-to-date form. Arrangements are now in place to work alongside the excellent team behind the legislation.gov.uk website and, in time, we will be responsible for updating all the Welsh legislation on this site. We are also working to improve the functionality of legislation.gov.uk to enable users to search Welsh law by subject.

Locating and organising the law by subject is at the heart of our work to develop codes of Welsh law. The consolidation and structuring of law in this way, together with advice and guidance, will make it easier for people to locate the law and have confidence in the accuracy of the materials retrieved.

We produce legislation in both Welsh and English, of course, and both texts have equal standing in law. Making legislation that is clear and accurate in two languages requires us to learn from others across the world, but also to innovate ourselves, and we have developed considerable expertise over the last 20 years. That expertise will stand us in good stead as we look to improve the accessibility of the legislative text in both languages, using straightforward syntax to convey what can be complex concepts. Likewise, as new language technology improves, we aim to automate and accelerate parts of the translation process, enabling drafters and translators to work more closely together to improve both texts and to make them easier to follow. We are also completing a long-term project to standardise hundreds of terms and publish them on the BydTermCymru portal.

Developing legislation is still a relatively new undertaking for the Senedd and the Welsh Government, and we continue to learn from others. But, as we look forward over the next five years, we can also look back at our own past, remembering that, as well as following good practice from elsewhere, we are following the successful approaches of our ancestors in developing codes of Welsh law. So, I thank Members for their support for this goal. I know that it will continue. Diolch, Llywydd.