The Counsel General for Wales is the

Welsh Government The Welsh Government ( cy, Llywodraeth Cymru) is the Welsh devolution, devolved government of Wales. The government consists of ministers and Minister (government), deputy ministers, and also of a Counsel General for Wales, counsel general. Minist ...

's Law Officer (akin to the role of

Attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

in other jurisdictions using the

Common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

), 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 Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...

, 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 ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...

on the recommendation of the

First Minister of Wales , insignia = First Minister of Wales logo.png , insigniasize = 120px , insigniacaption = Logo , flag = Flag of Wales.svg , flagsize = 120px , flagborder = yes , flagcaption = Flag of Wales , image = File:Mark Drakeford (cropped).jpg , ...

. The recommendation of the First Minister to appoint or remove the Counsel General can only be made if approved by the

Senedd The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gov ...

. 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 The Ministerial Code is a document setting out "rules" and standards for government ministers in the United Kingdom. Separate codes exist for ministers of the Scottish Government, the Northern Ireland Executive (based on the St Andrews Agreemen ...

which makes some specific provision in relation to the role.

The Counsel General's statutory responsibilities

The Counsel General's statutory responsibilities are found in the

Government of Wales Act 2006 The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...

* Like the Welsh Ministers and the First Minister, the Counsel General may make representations about any matter affecting Wales. * The Counsel General may bring, defend or appear in legal proceedings, in the name of the Counsel General, if he considers it appropriate to do so to promote or protect the public interest. This is a function the Counsel General exercises independently of government. * The Counsel General may refer a provision of an

Act of Senedd Cymru An Act of Senedd Cymru ( cy, Deddf gan Senedd Cymru), or informally an Act of the Senedd, is primary legislation that can be made by the Senedd (Welsh Parliament; ) under part 4 of the Government of Wales Act 2006 (as amended by the Wales Ac ...

(including a Welsh Government Bill) to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

for a ruling on whether it is within the Senedd's legislative competence, and may respond where any such reference is made by another law officer. This is another function the Counsel General exercises independently of government. * The Counsel General can also require

devolution issues Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...

to be referred to the Supreme Court for a decision. * Like the Welsh Ministers, the First Minister and Senedd members, the Counsel General can introduce a bill into the Senedd. 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.

Other responsibilities

* Providing legal advice to the Welsh Government in and representing it in legal proceedings; * Holding meetings and discussions with other Law Officers; * Holding meetings and discussions with the judiciary, members of the legal profession and others involved in the

administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to d ...

; * Responding to proposals or consultations that affect legal matters in Wales, including those of the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

and

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; * Working to improve the accessibility of devolved legislation in Wales for the legal profession and the public, including considering the future consolidation of existing legislation; * Approving proposed retrospective legislation and early commencement of Senedd Acts. 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 The Commission on Devolution in Wales ( cy, Comisiwn ar Ddatganoli yng Nghymru), also known as the Silk Commission, was an independent commission established by Welsh Secretary Cheryl Gillan on 11 October 2011. The commission was based at the Wa ...

on this issue.

History of the office

From 1998 to October 2003,

Winston Roddick George Winston Roddick, (born 2 October 1940 in Caernarfon) is a Welsh barrister, and the former North Wales Police and Crime Commissioner. At the time he was a member of the Liberal Democrats, but ran as an independent and on election resig ...

CB QC fulfilled the role of chief legal adviser to the

National Assembly for Wales The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...

. 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 Welsh may refer to: Related to Wales * Welsh, referring or related to Wales * Welsh language, a Brittonic Celtic language spoken in Wales * Welsh people People * Welsh (surname) * Sometimes used as a synonym for the ancient Britons (Celtic peopl ...

(now

) was created to provide a conventional parliamentary division between legislature and executive, and the statutory and governmental position of Counsel General was created.

List of Counsels General for Wales

References

{{DEFAULTSORT:Counsel General For Wales Members of the Welsh Assembly Government Political office-holders in Wales Welsh Government