The Supreme Court

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 5 October 2022.

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Photo of Mabon ap Gwynfor Mabon ap Gwynfor Plaid Cymru

(Translated)

7. Will the Counsel General make a statement on the role of the Supreme Court in the administration of justice in Wales? OQ58498

Photo of Mick Antoniw Mick Antoniw Labour 2:59, 5 October 2022

(Translated)

Thank you for the question. I am pleased to note the resumption of Welsh representation on the Supreme Court following the reappointment of Lord Lloyd-Jones last month. I continue to raise the necessity for formal, rather than fortuitous, representation of the Welsh judiciary in our highest court with the Lord Chancellor and justice Ministers. 

Photo of Mabon ap Gwynfor Mabon ap Gwynfor Plaid Cymru

(Translated)

I thank the Counsel General for that response. The Counsel General will be aware of the case in the Supreme Court on historical development plans in Aberdyfi in Dwyfor Meirionnydd. Now, I understand that only a few cases from Wales reach the Supreme Court, and some of these cases relate to devolved issues, such as planning. But of course, as the Supreme Court sits in London, there is sometimes a question as to the understanding of devolved issues. As the Counsel General said, I welcome the recent appointment. When Lady Hale was president of the Supreme Court, she would ensure that cases relating to devolved nations were heard in those nations, but this practice hasn't continued, and the case of Aberdyfi is to be heard in London. Does the Counsel General agree with me that we should ensure that the Supreme Court comes to the devolved nations? What discussions has the Counsel General had to secure that?

Photo of Mick Antoniw Mick Antoniw Labour 3:00, 5 October 2022

Firstly, thank you for the question. Again, it is an important point. Of course, I met with Baroness Hale very recently—in fact, earlier this week. I do welcome the steps that are being taken in the Supreme Court to bring justice closer to the communities it serves outside London. There was a sitting here, as you say, in July 2019, and I look forward to there being further sittings of the Supreme Court in Wales. The point you raise, though, is a particularly valid one, and that is that where issues that relate to Wales or Welsh law take place, and if they go to the Supreme Court, they should be heard in Wales. That's something I very much support and will encourage. I'm prepared to look at that further with a view to perhaps further representations being made. I have read the reports on that. I certainly do agree that we want the Supreme Court to deal with Welsh matters in Wales. I don't think there is a closed door on that with regard to the Supreme Court. I suspect it may be, as much as anything, something to do with the lawyers that were engaged. But, it should be, as a matter of principle, that the Supreme Court hears where is appropriate, and it would be appropriate in cases, I believe, that involve Welsh law to be heard in Wales. I think that is a requirement for the future.

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