North Wales MS and Shadow Counsel General Mark Isherwood has today raised concerns in the Senedd over the reform of criminal laws and justice in Wales, proposed by the Labour Welsh Government, quoting a Barrister and King’s Counsel who has warned “that it would bring about an end to the existing law of England and Wales, which has existed for nearly 500 years, which 'would be disastrous for the Welsh economy and prosperity, and for most people in Wales'.
Speaking in Spokesperson’s Questions to the Counsel General, Mr Isherwood said the Barrister has also said that ‘the existence, or even the mere prospect of, a different jurisdiction in Wales would have a hugely damaging effect on investment in Wales from business in England or overseas, adding significantly to the cost of doing day-to-day business’.
Asking the Counsel General to respond to the Barrister’s comments, Mr Isherwood said:
“His concern was that the present discussion may set in train incremental development where reform of criminal law and justice in Wales leads ultimately to a situation where the civil law of Wales becomes separated from the civil law of England. He added that, although the Thomas commission of 2019 did not recommend this - and the Counsel General would doubtless say there was no intention to do it - the logic of criminal law and justice change, combined with the pace of legislative output from the Welsh Government on devolved matters, would mean that two legal systems would emerge. This would bring about an end to the existing law of England and Wales, which has existed for nearly 500 years, which 'would be disastrous for the Welsh economy and prosperity, and for most people in Wales'.”
Mr Isherwood added:
“The senior barrister and KC I referred to, whose representations were very recent, further stated that the end of the existing law of England and Wales would be 'disastrous in two respects. First, the current law of England and Wales has been, and remains, the gold standard across the world for commercial contracts and business relationships, but the existence, or even the mere prospect of, a different jurisdiction in Wales would have a hugely damaging effect on investment in Wales from business in England or overseas, adding significantly to the cost of doing day-to-day business.
“It becomes seriously problematic in the event of disputes, not just because of cost, but also because of uncertainty of outcome - which law applies to which part of the transaction, what happens when there is conflict. This would create mountains of work for lawyers and the losers would be everyone else.
“The second big problem, briefly, is for people who live on either side of the Anglo-Welsh border, and who may live in England and work in Wales, or vice versa. They would find their daily lives subject to two sets of laws.' How, therefore, do you respond to such concerns being raised by senior lawyers who are stating that, and I quote again, 'this is a big issue because two jurisdictions would be a huge problem'?”
In his response, the Counsel General said “the overwhelming majority of lawyers” he’s dealt with don’t “actually see it as a problem” and that “many of them are absolutely very positive about some of the reforms and changes that are taking place.”