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Yesterday the Welsh first minister confirmed that Wales is not intending to seek a separate legal jurisdiction for at least a decade. It was decided that the estimated £1.2bn cost of devolving the justice system would put too much pressure on the budget, and the Welsh government said that “no purpose” would be served in transferring immediate responsibility for the administration of justice.
However, the consultation called for a stronger Welsh identity in the higher courts of England and Wales, including Welsh offices for the High Court and Court of Appeal, and the appointment of a Welsh Justice of the Supreme Court.
1 comment
Westengland said:
19/02/2013 at 23:41
The constitutional changes in Wales following the accelerated devolution of recent years have made the creation of a Welsh legal system separate from England all but inevitable.
Apart from the costs of a Welsh jurisdiction, does Wales have enough people qualified to run such a legal administration? – not a reflection on abilities but their number at present.
If at least a decade is taken to prepare for separation, would not a marked increase in Welsh legal activities in Higher Education, for future law teachers, lawyers, magistrates, judges and their administrators and civil servants, have to take place very quickly?
A comparison can be made with the Northern Ireland legal system – does that provide a model for the Welsh devolutionists both in function and in personnel – and does it have a “Northern Ireland identity” after over ninety years?
It is noticeable that despite the continual reminders of the leek and the flax in the SC symbolism that the Court itself does not reflect this. There are problems caused by the domination due to the other two countries’ histories, including merely the size of England’s population apart from its legal traditions (again demography shows its importance in this matter).
Scotland’s law history means it will always have significant place in a federal UK legal system – and it has been able to provide personnel who have made important contributions to the Law in The Isles, despite having a population a tenth that of England.
So in the meantime, how could that stronger Welsh identity be realised? Senior Courts sitting in Cardiff for Welsh cases is a straightforward way, the suggestion of tokenism being met if they play a part in easing the run up to separation.
Another way might be if the new Chief Justice were to appoint a Chief Justice of Wales, returning to the title of Lord Chief Justice of England (and thus ending Tom Bingham’s affectation) – which would again allow for a smoother transfer by the CJW to the Welsh jurisdiction in due course.
(it appears that the also all but inevitable choice for CJ will not be known as *Lord* Chief Justice – but that choice is the subject for another blog, perhaps).