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Government of Wales Bill

I begin by warmly welcoming the noble Lord, Lord Hunt of Wirral, to our discussions. Several issues have been raised that are very interesting and, to be absolutely frank, completely new to me. We will read and reflect on the comments of noble Lords, particularly those of the noble Lord, Lord Carlile of Berriew, and do whatever needs to be done. As we have heard, Amendment No. 42 seeks to ensure that the Attorney-General is consulted on the appointment of the Counsel General. It also places a condition on the recruitment of the Counsel General to ensure that the office-holder must have been either a member of the Bar or a solicitor of the Supreme Court for at least 10 years. The recommendation for the appointment of the Counsel General is properly a matter for the Welsh Assembly Government, with the approval of the Assembly. The Government do not agree with the noble Lord, Lord Elystan-Morgan, and my noble friend Lord Richard that the Attorney-General should be consulted on the appointment. The Counsel General will be a member of, and the legal adviser to, the Welsh Assembly Government. He or she will be their representative in the courts and, in this capacity, the Counsel General and the Attorney-General could conceivably find themselves representing opposite sides of a devolution issue. We believe that the limitations which the noble Lord seeks to place on the criteria for the selection of the office-holder are too restrictive. Given the nature of the office of Counsel General, it is inconceivable that the First Minister would recommend for appointment a person who did not have a high degree of legal expertise and experience. To impose a specific set of qualifications would be unnecessary and an undue constraint on the First Minister’s discretion. What if the best candidate had nine years’ experience rather than 10? Furthermore, very specific levels of legal qualification, which may be appropriate for a member of the judiciary, are not necessarily so appropriate for someone who will be a member of the Welsh Assembly Government as well as their legal adviser. The First Minister may wish to take other experience into account, such as experience in constitutional matters generally. As laid out in the Bill, the appointment will be made by Her Majesty on the recommendation of the First Minister. However, the First Minister must have the Assembly’s agreement to the recommendation. The role of the Counsel General has no effect on the role or status of the UK law officers who were consulted on the drafting of the Bill. It might be helpful if I place on record exactly what the Counsel General’s role will be—to provide authoritative legal advice to the Welsh Assembly Government; to represent the Welsh Assembly Government in the courts generally; to institute proceedings for the determination of devolution issues and to defend any such proceedings instituted by the Attorney-General; to receive notice of cases involving devolution issues; to monitor proposed Assembly measures and, following a yes vote in a referendum, Assembly Bills for compliance with legislative competence; to refer doubtful cases to the Supreme Court, when it is established, but to the Judicial Committee of the Privy Council in the meantime; and to meet UK law officers and law officers of the other devolved Administrations. I hope that, with that explanation, the noble Lord will feel able to withdraw his amendment.