Counsel plans to declutter and simplify Welsh law

Julie James, the Welsh Government’s chief legal adviser, gave a statement to the Senedd on October 22 following the introduction of the legislation bill.

Ms James, who was appointed in September, said the technical bill will form an important part of the infrastructure that underpins Welsh law.

The former solicitor said the first part of the bill would simplify “overly complex” procedures on subordinate legislation, law created by ministers under powers conferred by an Act.

She told the Senedd the second part would modernise the rules on publication of Welsh law which is “fragmented and outdated”, with “gaps in public access and transparency”.

She said the bill would lead to a more coherent, bespoke system – with a duty imposed on a newly established King’s Printer for Wales, which would oversee publication of legislation.

Ms James explained the bill would formally establish a class of legislation known as a ‘Welsh statutory instrument’ for the first time, making legislation.gov.uk easier to navigate.

The counsel general added that the third part repeals redundant provisions, saying: “When people want to see and read the law, it needs to be available to them at the click of a button.

“They need to have confidence they are reading the correct version … and not have to worry whether provisions have been amended and updated or … have become spent or obsolete.”

Ms James said she will introduce a separate bill to consolidate planning law, suggesting it will be this Senedd term “as long as we can get our legislative timetables sorted out”.

Mark Isherwood, the Conservatives’ shadow counsel general, raised the Law Society’s calls for support for the legal sector and a public awareness campaign centred on Welsh law.

He also suggested processes could be improved around “negative procedure” legislation which Senedd members are deemed to consent to but may not be aware of.