2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 24 November 2021.
2. Will the Counsel General make a statement on access to public law advice in Wales? OQ57230
I thank the Member for his second question. [Laughter.] Law firms and the bar in Wales offer a range of public law advice, and current initiatives being taken forward should support access to such advice. This includes looking at how the public sector commissions legal services, and of course the recent launch of the Law Council of Wales.
I thank the Counsel General for his second answer. [Laughter.] Counsel General, there is a growing body of Wales-specific law and much of which is designed to empower residents in Wales to hold public bodies to account. Now, the availability of public law advice in Wales has just not kept up with the pace. It is my understanding that there are no Welsh public law firms and this is a real barrier to the people of Wales and to the people of Wales in trying to access justice. Counsel General, with that in mind, what action can the Welsh Government take to address this issue and help residents access the justice they so desperately deserve?
Well, it is a very important question and it's one that I'm hoping will be very much addressed by the Law Council of Wales. And we also must recognise the economic importance, as well as the social importance, of the legal sector within Wales. And I've often seen, for example, judicial reviews on Welsh matters that are being pursued from English firms. And I do sometimes raise the question as to why it isn't that so much more of it is actually based, utilising the skills and abilities that do exist, within Wales.
I don't think it's true that we don't have any public law firms. We certainly have firms, a number of whom have considerable expertise in the area of public law, but the geographic spread and the availability and access are probably part of the issue that I think you are raising. We have taken a number of steps that should help to build the public law capacity of the legal sector in Wales, to improve access.
Following the report of the Commission on Justice in Wales, we did review the arrangements for the Welsh Government's panel of law firms and counsel who provide public law advice. The current panel of approved counsel, renewed in March 2021, comprises 47 per cent of counsel based in Wales, which certainly is an increase on the 2011 position of 30 per cent. We are discussing with the leader of the Wales and Chester circuit about setting up a working group to consider action to develop further the public law capacity and capability of the Welsh bar.
There have been other initiatives, but I think the point you make is one that is well recognised and does tie back to, I think, the need and the desire, which certainly I have, to see a growth of the legal profession and the legal service within Wales—economically, but also in terms of its importance socially as well.