Counsel General for Wales | |
---|---|
Cwnsler Cyffredinol Cymru (Welsh) [1] | |
Incumbent Vacant | |
Welsh Government | |
Style | Welsh Minister |
Status | Law officer of the Crown |
Abbreviation | Counsel General |
Member of | |
Reports to | the Senedd and the First Minister of Wales |
Seat | Cardiff |
Nominator | First Minister of Wales |
Appointer | The Crown |
Term length | Five years Subject to elections to the Senedd which take place every five years |
Formation | 19 July 2007 |
First holder | Carwyn Jones AM |
This article is part of a series within the Politics of the United Kingdom on the |
Politics of Wales |
---|
![]() |
The Counsel General for Wales (Welsh : Cwnsler Cyffredinol Cymru) [2] is the Welsh Government's Law Officer (akin to the role of Attorney general in other jurisdictions using the Common law), which means the government's chief legal adviser and representative in the courts. In addition to these "lawyer" roles the Counsel General also works to uphold the rule of law and integrity of the legal community in Wales, and has a number of important specific statutory functions, some of which are to be exercised independently of government and in the public interest.
The Counsel General is appointed by the sovereign on the recommendation of the First Minister of Wales. The recommendation of the First Minister to appoint or remove the Counsel General can only be made if approved by the Senedd. The Counsel General is a member of the Welsh Government and attends Cabinet meetings at the invitation of the First Minister. Although not a minister, the Counsel General is bound by the Ministerial Code which makes some specific provision in relation to the role.
Elisabeth Jones is the current Counsel General-designate in the Eluned Morgan government since August 2024.
The Counsel General's statutory responsibilities are found in the Government of Wales Act 2006
The Counsel General is accountable to the Senedd for the exercise of his independent statutory functions. He answers questions in the Senedd once every four weeks.
The Counsel General may also play a role in the development of Welsh Government policy on legal matters. For example, he led with the First Minister in consulting for the public on a separate Welsh legal jurisdiction and preparing the Welsh Government's submissions to the Silk Commission on this issue.
From 1998 to October 2003, Winston Roddick CB QC fulfilled the role of chief legal adviser to the National Assembly for Wales. This was, however, a civil service post and therefore non-statutory and non-governmental role. Mr Roddick is, however, to be credited with suggesting the title "Counsel General", and as "Counsel General" in that form he had responsibility for advising the National Assembly on all legal matters.
From the coming into force of the 2006 Act a Welsh Assembly Government (now Welsh Government) was created to provide a conventional parliamentary division between legislature and executive, and the statutory and governmental position of Counsel General was created.
Name | Image | Entered office | Left office | Political party | Government | First Minister | |
---|---|---|---|---|---|---|---|
Carwyn Jones AM | ![]() | 19 July 2007 | 9 December 2009 | Labour | Fourth Morgan government | Rhodri Morgan(2000–2009) | |
John Griffiths AM | ![]() | 9 December 2009 | 27 May 2011 | First Jones government | Carwyn Jones(2009–2018) | ||
Theodore Huckle QC [4] | ![]() | 27 May 2011 | 19 May 2016 | Independent | Second Jones government | ||
Mick Antoniw AM | ![]() | 27 June 2016 [5] | 14 November 2017 | Labour | Third Jones government | ||
Jeremy Miles MS | ![]() | 14 November 2017 | 13 May 2021 [6] | ||||
First Drakeford government | Mark Drakeford(2018–2024) | ||||||
Mick Antoniw MS | ![]() | 13 May 2021 | 16 July 2024 [7] | Second Drakeford government | |||
Gething government | Vaughan Gething(2024) | ||||||
Elisabeth Jones [8] | ![]() | 7 August 2024 (designate) | Present | Independent | Eluned Morgan government | Eluned Morgan(2024) |
The legislatures of the United Kingdom are derived from a number of different sources. The Parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. The term should not be confused with Orders of Council, which are made in the name of the Council without sovereign approval.
The Senedd, officially known as the Welsh Parliament in English and Senedd Cymru in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees to certain taxes, and scrutinises the Welsh Government. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales and was often simply called the Welsh Assembly.
A legislative consent motion is a motion passed by either the Scottish Parliament, Senedd, or Northern Ireland Assembly, in which it consents that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved government has regular legislative authority.
England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.
The Welsh Government is the devolved government of Wales. The government consists of ministers and deputy ministers. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers and deputy ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.
The first minister of Wales is the leader of the Welsh Government and keeper of the Welsh Seal. The first minister chairs the Welsh Cabinet and is primarily responsible for the formulation, development and presentation of Welsh Government policy. Additional functions of the first minister include promoting and representing Wales in an official capacity, at home and abroad, and responsibility for constitutional affairs, as they relate to devolution and the Welsh Government.
Politics in Wales forms a distinctive polity in the wider politics of the United Kingdom, with Wales as one of the four constituent countries of the United Kingdom (UK).
Mark Allan Isherwood is a Welsh Conservative Party politician, who has served as a Member of the Senedd (MS) for the North Wales region since 2003. He is currently Shadow Counsel General and Shadow Minister for Housing and Planning. Isherwood has held a number of Shadow Ministerial positions for the Welsh Conservatives since he was first elected, at various points holding portfolios for Finance, Social Justice, North Wales, Europe, Housing, Communities and Local Government, among others. He is also particularly notable for his advocacy for people with both physical and learning disabilities and impairments. He is himself deaf, and chairs cross party groups on disability, deaf issues and Autism, among others.
The Government of Wales Act 2006 is an act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales and allows further powers to be granted to it more easily. The Act creates a system of government with a separate executive drawn from and accountable to the legislature. It is part of a series of laws legislating Welsh devolution.
Welsh law is an autonomous part of the English law system composed of legislation made by the Senedd. Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.
A Measure of the National Assembly for Wales is primary legislation in Wales that is a category lower than an Act of Parliament. In the case of contemporary Welsh law, the difference with Acts is that the competence to pass Measures is subject to 'LCOs' or Legislative Competence Order, which transfers powers to the Assembly by amending Schedule 5 of the Government of Wales Act 2006.
Audit Wales, formerly the Wales Audit Office, is an independent public body which was established by the Senedd on 1 April 2005. It has overall responsibility for auditing on behalf of the Auditor General for Wales, across all sectors of government in Wales, except those reserved to the UK government.
An Act of Senedd Cymru, or informally an Act of the Senedd, is primary legislation that can be made by the Senedd under part 4 of the Government of Wales Act 2006. Prior to 6 May 2020 any legislation was formally known as an Act of the National Assembly for Wales or informally, an Act of the Assembly.
Jeremy Miles is a Welsh Labour Co-op politician, who was Cabinet Secretary for Economy, Energy and Welsh Language from March to July 2024. He previously served in the Welsh Government as Counsel General for Wales from 2017 to 2021, Brexit Minister from 2018 to 2021, and the Minister for coordinating Wales’ recovery from the COVID-19 pandemic from 2020 to 2021. Miles has been the Member of the Senedd (MS) for Neath since 2016.
Theodore Huckle is a Welsh barrister. He served as the first and to date only independent professional Counsel General for Wales, the statutory Law Officer to the Welsh Government, during the governmental term of the 4th Assembly/Senedd. Upon nomination by the First Minister, his appointment was approved by the Senedd and formally made by the Queen on 21 July 2011, although he had been acting Counsel General from his birthday on 27 May 2011.
The newest of the United Kingdom's legislative drafting offices, the (Welsh) Office of the Legislative Counsel was created in 2007 in anticipation of the coming into force of the Government of Wales Act 2006.
In the Senedd, the Leader of the Opposition is the leader of the Official Opposition, the largest political party that is not in the Welsh Government. The Leader of the Opposition leads and appoints members of the Shadow Cabinet and as such is sometimes styled as the Shadow First Minister of Wales.
Welsh devolution is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom.