Welsh law
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Welsh law is the primary and secondary legislation generated by the Senedd (Welsh Parliament; Welsh: Senedd Cymru), using devolved authority granted in the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of Senedd Cymru. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since Cyfraith Hywel, a version of Celtic law, was abolished and replaced by English law through the Laws in Wales Acts, enacted between 1535 and 1542 during the reign of King Henry VIII.[1] There has never been any concept of British or UK law. In its place, there are three different legal systems administering four sets of laws. Jersey, Guernsey and the Isle of Man have little connection to England, with their own legal systems.[2]
Wales sits in the legal jurisdiction of England and Wales, and has done so since 1536, when English common law was introduced into Wales and the Welsh system dissolved. This jurisdiction is unique, worldwide, in that it is the only one that has two parliaments sitting within it. All other nations have a parliament, have a jurisdiction and controls their own laws and given the means of doing that. Because of this, the police are not answerable to the Welsh Government in any way, but to the Home Office and therefore, the UK Government.[2] An independent commission () led by John Thomas, Baron Thomas of Cwmgiedd, who served as Lord Chief Justice of England and Wales from 2013 to 2017, came to the conclusion in 2020 that the existing arrangement was ‘failing the people of Wales’.[3]
Legislative competence of the Senedd[]
Both the Government of Wales Act 1998 and the Government of Wales Act 2006 set out areas of devolved responsibility for the National Assembly for Wales (now known as the Welsh Parliament or Senedd Cymru). The 2006 Act granted the Senedd legislative competence to make laws (known then as Assembly Measures) in clearly defined "matters". In order to draft laws within its areas of responsibility, but where the powers of legislative competence have not been devolved to it, the Senedd could request these powers using a Legislative Competency Order or could receive the transfer of power and the right to make laws through parliamentary bills at Westminster.
Each Order in Council for an area of legislation had to be approved by the Secretary of State for Wales, both Houses of Parliament, and the Queen in Council, in order for the Senedd to legislate in that area. Once the Queen has approved the Order, the new area of legislative competence was added to Schedule 5, Part 1 of the Government of Wales Act 2006.[4] There is a Counsel General for Wales who oversees the approval and creation of these laws, and gives advice to the Welsh Government.
The 2006 Act also included provisions which allowed for a referendum to be held on whether to grant the Senedd legislative competence to pass primary legislation which were known as "Acts of the Assembly" in all matters within twenty subject areas without the need for further Legislative Competency Orders. A referendum under these provisions was held in March 2011 and resulted in a vote in favour of granting the Senedd the competence to pass the Acts of the Assembly. Therefore, the Senedd now has the legislative competence to pass an Act of Senedd Cymru in all twenty devolved areas.
Following the devolution of legislative competence to the Senedd in some area of responsibility, it is unlikely that the UK Parliament would draw up legislation in that area without a Legislative Consent Motion being passed by the Senedd to allow them to do so (Assembly Standing Order 26).[5] This is done to preserve the autonomy of the Senedd, and to prevent legislative confusion.
Areas to legislate: The devolved areas[]
These areas are "subjects" where the Senedd can make legislation in the form of an Act of Senedd Cymru.
- Agriculture, fisheries, forestry, and rural development
- Ancient monuments and historic buildings
- Culture
- Economic development
- Education and training
- Environment
- Fire and rescue services and promotion of fire safety
- Food
- Health and health services
- Highways and transport
- Housing
- Local government
- Public administration
- Senedd
- Social welfare
- Sport and recreation
- Tourism
- Town and country planning
- Water and flood defence
- Welsh language
The Senedd can also legislate in areas that affect only the Senedd itself, which is why the Senedd field is included.
However, following the passing of the Wales Act 2017 Wales has moved to a reserved powers model (similar to Scotland), which widens the areas in which the Senedd can legislate beyond those listed above.
Referendum to make Acts of the Assembly[]
The Welsh Assembly was initially able to make only Measures, but it was given the option to call for a referendum, with added approval from the UK Parliament, to pass Acts. This was considered as having the prospect of changing little of the Measures system, ensuring that Assembly Measures passed before the referendum would still be in force. It was considered that Measures would be a precursor to Acts.[citation needed]
The referendum was held on 3 March 2011. The majority of the participants voted 'Yes' to the question "Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?".
Even so, future Welsh order in council laws may face veto from the UK Parliament, but the Senedd still is able to make laws in areas already devolved because once the referendum is approved, there are powers that are already in the Government of Wales Act 2006 to make laws already approved by parliament when the act was passed. The Senedd can still request to make laws in areas using the Order in Council system but if the UK Parliament wants to legislate in a devolved area, it will require a motion to be passed by the Senedd, similar to the way the Scottish Parliament works. The power to make Acts of the Senedd are called Subjects, which are listed in schedule 7, part 1 of the Government of Wales Act 2006.[4]
English law and contemporary Welsh law[]
English law still applies to Wales under the present devolved settlement. Contemporary Welsh law governs the local aspects of Welsh life, whilst English law governs the more generic aspects. Because Welsh laws are ultimately derived from Acts of the Parliament of the United Kingdom, some commentators consider this new system of laws to be another branch of English law. Unlike Scotland, for example, which has its own criminal and civil justice system, England and Wales still have a unified justice system.
English law still applies in Wales, but some laws in England, about matters that are devolved in Wales, may not apply in Wales. Once the Senedd has legislative competency to legislate in an area through an Act of Senedd Cymru, the Senedd can lead Wales down a different route, compared to English law. Some actions can be unlawful in Wales, but not in England or Scotland. For example, using an electric shock collar on a cat or dog is unlawful in Wales,[7] but not in the rest of the United Kingdom.
Wales-only laws[]
There are Acts of the United Kingdom Parliament that are classed as "Wales-only laws". Each Act contains provisions for the Senedd to make subordinate legislation on. Sometimes such Acts can also confer power to the Senedd. An example of such a Wales-only law is the Transport (Wales) Act 2006.[8] This Act allowed the National Assembly to make orders to enforce the provisions in the Act. The Act does not confer power to the Assembly to make Assembly Measures.
A major difference is also the use of the Welsh language, as laws concerning it apply in Wales and not in England. The Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector. Welsh can also be spoken in Welsh courts.
Wales as a jurisdiction[]
As there is no criminal law within contemporary Welsh law, Wales is not considered a fourth jurisdiction of the United Kingdom. This is because the judiciary and the courts follow England and Wales law, which is made by the United Kingdom Parliament, and is not specific to Wales. Although Welsh law is recognised as separate in operation, this is not sufficient for Wales to constitute a separate legal jurisdiction.
The One Wales agreement between Labour and Plaid Cymru (2007-2011) called for a review of criminal justice matters in Wales, and the question of whether they should be devolved to Wales, proposing that a Criminal and Youth Justice System within Welsh law.[9] Currently, however, there has been no such devolution of justice to the Senedd.[10]
A commission set up in 2017 by the First Minister of Wales known as "" and chaired by Lord Thomas of Cwmgiedd, looked into the operation of justice in the country. It aimed to further clarify the legal and political identity of Wales within the UK constitution, which may include the creation of a distinct legal jurisdiction.[11]
The commission's report was released in October 2019 and recommended the full devolution of the justice system. This would formalise Wales as the fourth jurisdiction of the UK.[11]
Major practitioners[]
Wales is home to a number of solicitors firms, barristers chambers, and individual practitioners.
Solicitors[]
Major solicitors firms in Wales include:
- Hugh James LLP
- Blake Morgan LLP
- Eversheds Sutherland
Chambers[]
In the Wales and Chester circuit, the leading sets are as follows:[12]
Category 1
- 9 Park Place, Cardiff
- 30 Park Place Chambers, Cardiff
- Civitas Law, Cardiff
Category 2
- Apex Chambers, Cardiff
- Iscoed Chambers, Swansea.
See also[]
- Schedule 5 of the Government of Wales Act 2006
- Royal Commission on the Constitution (United Kingdom)
- Senedd
- Welsh Government
- President of Welsh Tribunals
- English Law
- Northern Ireland law
- Scots Law
- St David's Day Agreement
Notes[]
- ^ "BBC NEWS | UK | Wales | Assembly powers bill becomes law". news.bbc.co.uk. Retrieved 2016-09-19.
- ^ Jump up to: a b Jones, Carwyn (3 September 2021). "Should the justice system be devolved in Wales?". The National. Retrieved 3 September 2021.
- ^ "What powers does the Senedd (Welsh Parliament) have?". Centre on Constitutional Change. University of Edinburgh. Retrieved 3 September 2021.
- ^ Jump up to: a b "Legislation.gov.uk". www.legislation.gov.uk.
- ^ "STANDING ORDER 26 - Consent in relation to UK Parliament Bills" (PDF).
- ^ "First Welsh law's royal approval". July 9, 2008 – via news.bbc.co.uk.
- ^ "Electric shock dog collars banned in Wales". The Telegraph. 25 March 2010. Retrieved 19 September 2016.
- ^ "Transport (Wales) Act 2006". www.legislation.gov.uk.
- ^ "See Page 29" (PDF).
- ^ One Wales agreement
- ^ Jump up to: a b "The Commission on Justice in Wales (Thomas Commission) | Centre on Constitutional Change l Researching the issues. Informing the debate". www.centreonconstitutionalchange.ac.uk. Retrieved 2019-02-01.
- ^ "Regional Bar | Law firm and lawyer rankings from The Legal 500 United Kingdom - The Bar guide". www.legal500.com.
References[]
External links[]
- The Commission on Justice in Wales Report
- Wales Legislation Online, Cardiff Law School
- Law Wales Website - Home
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