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Law and Constitution
Commission on Justice in Wales: Supplementary evidence of the Welsh Government to the Commission on Justice in Wales Contents Law and the Constitution 1 History and evolution 1 Problems operating Part 4 of the Government of Wales Act from 2011 onwards 4 Draft Wales Bill (2015) 7 Wales Act 2017 9 Accessibility of the law in Wales (and England) 10 Government and Laws in Wales Bill 12 Implications of creating a Welsh legal jurisdiction 15 Conclusion 18 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown copyright 2018 2 | Supplementary evidence of the WelshWG35635 Government Digital to ISBN the 978-1-78937-837-5 Commission on Justice in Wales Law and the Constitution 1. This paper is supplementary to the Welsh on designing a system of government that is the Government’s submission of 4 June 2018. most effective and produces the best outcomes for It focusses specifically on the law and the legal the people of Wales. Instead we have constitutional jurisdiction and its impact on government in Wales. arrangements which are often complex, confusing It also considers the potential impact of creating and incoherent. a Welsh legal jurisdiction and devolving the justice 5. One of the key junctures came in 2005 with system on the legal professions in Wales. the proposal to create what was to become a fully 2. The paper explores the incremental and fledged legislature for Wales. The advent of full piecemeal way in which Wales’ current system law making powers was a seminal moment and of devolved government has developed. -
JUDGMENT AXA General Insurance Limited and Others (Appellants)
Michaelmas Term [2011] UKSC 46 On appeal from: [2011] CSIH 31 JUDGMENT AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland) before Lord Hope, Deputy President Lord Brown Lord Mance Lord Kerr Lord Clarke Lord Dyson Lord Reed JUDGMENT GIVEN ON 12 October 2011 Heard on 13, 14 and 15 June 2011 Appellant 1st Respondent Richard Keen QC Alan Dewar QC Jane Munro James Mure QC (Instructed by Brodies (Instructed by Scottish LLP) Government Legal Directorate Litigation Division) 2nd Respondent 3rd-10th Respondents Ruth Crawford QC Aidan O’Neill QC John MacGregor Chris Pirie (Instructed by Office of (Instructed by Thompsons the Solicitor to the Solicitors Glasgow Advocate General for Scotland) Scotland Intervener (First Minister Intervener (Attorney of Wales) General for Northern Ireland) Theodore Huckle QC John F Larkin QC Clive Lewis QC Donal Sayers BL (Instructed by Welsh (Instructed by Solicitors Assembly Government for the Attorney General Legal Services for Northern Ireland) Department, Cardiff) Intervener (Friends of the Intervener (Department of Earth Scotland Ltd) Finance and Personnel (Northern Ireland)) Simon Collins Paul Maguire QC Paul McLaughlin BL (Instructed by Patrick (Instructed by Campbell & Co Solicitors) Departmental Solicitor’s Office) LORD HOPE 1. The appellants are insurance companies, whose business includes the writing of employers’ liability insurance policies. They undertake to indemnify the employer in respect of any liability incurred by it for harm or injury arising out of the employer’s negligence. They have brought these proceedings to challenge the lawfulness of an Act of the Scottish Parliament which was passed on 11 March 2009, received the Royal Assent on 17 April 2009 and came into force on 17 June 2009. -
The Welsh Seal of the National Assembly for Wales
The Welsh Seal of the National Assembly for Wales The Great Seal of the Realm is the chief seal of the Crown, used to show the Monarch's approval of important state documents. The practice of using this seal began in the reign of Edward the Confessor in the eleventh century, when a double-sided metal matrix with an image of the Sovereign was used to make an impression in wax for attachment by ribbon or cord to Royal documents. The seal meant that the monarch did not need to sign every official document in person; authorisation could be carried out instead by an appointed officer. Between 2007 and 2011 proposed Measures passed by the National Assembly for Wales were subject to “Royal Approval”. Separate Great Seals exist for Scotland and Northern Ireland and, from 2011, a Seal for Wales now exists. Royal Assent Royal Assent is the Monarch's agreement to make a Bill into an Act of the National Assembly for Wales. Royal Assent is conferred by the Monarch signing Letters Patent under the Welsh Seal. The Monarch's agreement to give her assent to a Bill is automatic. Student Research Look for examples of Seals using your school library, local library and the internet. Also research Signet Rings which were worn as jewellery and used by individuals to seal their initials or coat of arms into wax seals on important documents and letters. Form of Letters Patent “ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the -
22.03.2021 Thank You to Amelia Bailey for This Wonderful Photo of A
22.03.2021 Thank you to Amelia Bailey for this wonderful photo of a robin. Dear Parents / Guardians of year 9 pupils, As per the Childhood Immunisation Schedule all year 9 pupils are routinely offered their vaccinations in school. In the upcoming weeks you will be receiving immunisation consent forms in the post from the School Nursing Immunisation Team. Should you wish for your child to receive their immunisations the team will be at Ysgol Rhiwabon immunising on the 15.04.21 . The consent forms will be sent to your home address that is recorded on your child’s school system. If you feel this may not be the most up to date address please contact the Immunisation Team before Wednesday 23.03.21. All information on what immunisations your child will be offered will be enclosed with the consent forms. Kind regards, Immunisation Team 03000 858 666 (option 2) [email protected] World Book Day Competition Winners Tuesday, 9th March 2021 Thank you to everyone who participated in our World Book Day ‘Decorate a Door’ competition. We are pleased to announce the winners: • 1st place is awarded to Ben Jones (Year 9). • 2nd place is awarded to Brody Burges (Year 7). • 3rd place is awarded to Chloe Ashton (Year 7). Other notable entries were from: Tayli Brooks, Ashton Jarvis, Sam Josephs, Sophie Williams and Taylor Greenshields. Congratulations to all our winners for their fantastic efforts. Ben Jones (Year 9) Brody Burges (Year 7) Chloe Ashton (Year 7) https://www.ysgolrhiwabon.co.uk/ Ruabon Medical Centre is receiving a high volume of calls from patients regarding the covid vaccination and this is preventing patients, who need to be seen with our clinical team, from getting through. -
2011 No. 1011 (W.150) (C.42) CONSTITUTIONAL LAW
OFFERYNNAU STATUDOL WELSH STATUTORY CYMRU INSTRUMENTS 2011 Rhif 1011 (Cy.150) (C.42) 2011 No. 1011 (W.150) (C.42) Y GYFRAITH CONSTITUTIONAL LAW GYFANSODDIADOL DATGANOLI DEVOLUTION Gorchymyn Deddf Llywodraeth The Government of Wales Act Cymru 2006 (Cychwyn 2006 (Commencement of Darpariaethau Deddfau'r Cynulliad, Assembly Act Provisions, Darpariaethau Trosiannol ac Arbed Transitional and Saving Provisions ac Addasiadau) 2011 and Modifications) Order 2011 NODYN ESBONIADOL EXPLANATORY NOTE (Nid yw'r nodyn hwn yn rhan o'r Gorchymyn) (This note is not part of the Order) 1. Mae'r Gorchymyn hwn yn cychwyn darpariaethau 1. This Order commences the Assembly Act Deddfau'r Cynulliad yn Rhan 4 o Ddeddf Llywodraeth provisions in Part 4 of the Government of Wales Act Cymru 2006 (p.32) ("y Ddeddf") ac yn gwneud 2006 (c.32) ("the Act") and makes transitional and darpariaethau trosiannol ac arbed ac addasiadau mewn saving provisions and modifications in relation to the perthynas â chychwyn y Rhan honno. Mae hefyd yn commencement of that Part. It also repeals certain diddymu deddfwriaeth benodol a fydd yn ddiangen pan legislation that becomes redundant on the coming into ddaw'r Gorchymyn i rym. force of the Order. 2. Mae erthygl 2 yn pennu'r dyddiad y daw'r 2. Article 2 specifies the date on which the Order Gorchymyn i rym, ac mae erthygl 3 yn cychwyn comes into force and Article 3 commences the darpariaethau Deddfau'r Cynulliad, er mwyn caniatáu i Assembly Act provisions so that the National Gynulliad Cenedlaethol Cymru basio Deddfau'r Assembly for Wales may pass Acts of the Assembly. -
SUPREME COURT JUDGMENT - AXA V LORD ADVOCATE
WRITTEN STATEMENT BY THE WELSH GOVERNMENT TITLE SUPREME COURT JUDGMENT - AXA v LORD ADVOCATE DATE 12 OCTOBER 2011 BY THEODORE HUCKLE Q.C., COUNSEL GENERAL The Supreme Court has today handed down its judgment in the case of AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) (Scotland)1. This case involves a legal challenge to the Damages (Asbestos-related) Conditions (Scotland) Act 2009; an Act of the Scottish Parliament. That Act provides that asymptomatic pleural plaques, pleural thickening and asbestosis constitute, and are to be treated as always having constituted, actionable harm for the purposes of an action for damages for personal injury. The effect of the Act, in Scotland, is to reverse the judgment of the House of Lords (sitting judicially) in the case of Rothwell v Chemical & Insulating Co Ltd2 in which it held that such effects were not actionable harm and could not therefore be the subject of a claim for damages for personal injuries. There were a number of issues considered by the Supreme Court but of particular interest for the Welsh devolution settlement was the fact that the validity of the Scottish Act was questioned on common law grounds: it was argued by the appellants (insurance companies) that Acts of the Scottish Parliament are open to judicial review as an unreasonable, irrational and or arbitrary exercise of the legislative authority conferred by the Scotland Act 1998 on the Scottish Parliament. If that contention was held to be right, it would almost inevitably follow that Acts of the National Assembly for Wales would similarly be open to judicial review on these grounds and this is fundamental to the quality of the devolution settlement. -
Edging the Estuary
the welsh + Richard Wyn Jones Devolution’s unfinished business John Osmond Theodore Huckle and a Welsh jurisdiction Emrys Roberts Elystan Morgan’s tryst with Wales John Borkowski and Angus Walker Wales should join with West on airport Cynog Dafis Sacred landscape and sustainable development Zoë Harcombe The obesity epidemic Katie Harris Human trafficking on our streets Peter Jones Why a barrage is a step too far Gareth Rees Edging Cultural apartheid on the airwaves Karen Owen When Caernarfon was the print the estuary capital of Wales Trevor Fishlock A hole in our national trouser Nigel Jenkins In the footsteps of Y Gododdin www.iwa.org.uk | Spring 2013 | No. 49 | £8.99 The Institute of Welsh Affairs gratefully acknowledges funding support from the Joseph Rowntree Charitable Trust, the Esmée Fairbairn Foundation and the Waterloo Foundation. The following organisations are corporate members: Public Sector Private Sector Voluntary Sector • Aberystwyth University • ABACA Limited • Aberdare & District Chamber • ACAS Wales • Arden Kitt Associates Ltd of Trade & Commerce • Bangor University • Association of Chartered Certified • Alcohol Concern Cymru • BBC Cymru Wales Accountants (ACCA) • Business in the Community • Cardiff & Vale College / Coleg Caerdydd a’r Fro • Beaufort Research • Cardiff University (CAIRD) • Cardiff School of Management • BT • Cartrefi Cymru • Cardiff University • Cassidian UK Ltd • Cartrefi Cymunedol Community • Cardiff University Library • Castell Howell Foods Housing Cymru • Centre for Regeneration Excellence Wales • -
Welsh Government Consultation on a Separate Legal Jurisdiction for Wales – Written Evidence Analysis Paper
Number: WG18870 Welsh Government Consultation – Summary Report A Separate Legal Jurisdiction for Wales Date of issue: 04 December 2013 © Crown Copyright 2013 WG18870 Contents Foreword 3 Purpose and Background 4 The principle of a Separate Jurisdiction for Wales 6 Definition of legal jurisdiction and its essential features 8 Defined Geographical Territory 10 Body of law 11 The Administration of Justice 14 The Legal Profession 18 The Reserved Powers Model of Devolution 21 International Examples 22 Cost 23 1 2 Foreword We would like to thank all the respondents for taking the time to consider the questions in the consultation on a separate legal jurisdiction for Wales, and for providing such comprehensive evidence. The responses greatly assisted the Welsh Government’s policy development. We were also able to draw upon the valuable report of the Assembly’s Constitutional and Legislative Affairs Committee published in December 2012. The advantages and disadvantages of a separate legal jurisdiction were discussed at length in the responses to our consultation. Many of those in favour of establishing a separate jurisdiction acknowledge that, whilst this may not be an immediate prospect, there is a likelihood that it will occur at some stage in the future as the divergence between the law in Wales and England increases, and that preparatory steps are desirable now in order to facilitate this change. We agree with this view. The Welsh Government’s conclusions were set out in our evidence to the Commission on Devolution in Wales (the Silk Commission) in February of this year, and are summarised in paragraphs 16 -19 of that evidence. -
Welsh Devolution and the Supreme Court Manon George Cardiff Law School E-Mail: [email protected] Phd Supervisor: Prof
Welsh Devolution and the Supreme Court Manon George Cardiff Law School e-mail: [email protected] PhD Supervisor: Prof. Dan Wincott s.112 of GOWA 2006: the Counsel General or the Attorney General ‘Part 4’ of the Government of Wales Act 2006(GOWA 2006) was may refer the question whether a Bill…would be within the Assembly's enacted following an affirmative referendum, March 2011 legislative competence to the Supreme Court for decision The National Assembly for Wales now able to make primary Scope of such review is much more limited than the traditional scope legislation in all of the areas where it has devolved competence, of judicial review; ‘a more liberal approach would lead the courts into known as ‘Acts of the Assembly’ unwarranted scrutiny of the democratic legislative process’ (T Mullen (2010) 8 SLT 40) The Local Government (Wales) (Byelaws) Bill was the first Bill under these new powers to be passed by the Assembly. It was also the In Axa Insurance and others v Lord Advocate [2011] UKSC 46 the first piece of devolved legislation to be referred by the UK Government Court held that Acts of the Scottish Parliament are not subject to to the UK Supreme Court; not once has the UK Government referred a review on the grounds of irrationality, unreasonableness or Bill of the Scottish Parliament to the Supreme Court. arbitrariness, because ‘it would be wrong for the judges to substitute their views as to what is rational or reasonable for the considered On 13 August 2013 another Assembly Bill, the Agricultural Sector judgment of the democratically elected legislature. -
Towards an Independent Wales
TOWARDS AN INDEPENDENT WALES TOWARDS AN INDEPENDENT WALES Report of the Independence Commission September 2020 First impression: 2020 © The Independence Commission & Y Lolfa Cyf., 2020 This book is subject to copyright and may not be reproduced by any means except for review purposes without the prior written consent of the publishers. Cover design: Y Lolfa Cover picture: FfotoNant ISBN: 978-1-80099-000-5 Published and printed in Wales on paper from well-maintained forests by Y Lolfa Cyf., Talybont, Ceredigion SY24 5HE e-mail [email protected] website www.ylolfa.com tel 01970 832 304 fax 832 782 Contents Introduction 11 Executive summary 16 Main recommendations 20 Chapter 1: Building the road 29 The 20th century 29 The 21st century 32 Chapter 2: Public attitudes 43 Welsh identity 43 Independence 45 Independence: the referendum question 45 Chapter 3: A Welsh jurisdiction 52 Asymmetric devolution 53 The single England and Wales jurisdiction 54 Why Wales needs a separate jurisdiction 54 5 T OWARDS AN INDEPENDENT WALES A virtual legal jurisdiction 58 Justice powers 59 Implications of a distinct Welsh jurisdiction 60 The way ahead 63 Recommendations 66 Chapter 4: Effective Government and the civil service 67 Twenty years of evolution 68 The civil service culture 71 A Welsh public service 76 Recommendations 80 Chapter 5: Addressing the fiscal gap 82 A better model 86 The Welsh balance-sheet 88 Paying our way 90 A different sort of union 92 Welsh taxes 96 A UK common market 98 A middle way 101 Recommendations 102 6 Contents Chapter 6: Wales -
Speaking Rights of Attorneys General/Law Officers in Legislatures
Research and Information Service Briefing Paper Paper 32/13 19 February 2013 NIAR 154-13 Ray McCaffrey Speaking rights of Attorneys General/Law Officers in legislatures 1 Background At its meeting on 22 January 2013, the Committee on Procedures requested research on precedent and process used in other legislatures where the Attorney General/Law Officer is required to speak in plenary in respect of guidance s/he has issued. This request relates to Section 8 of the Justice (Northern Ireland) Act 2004 which requires the Attorney General for Northern Ireland (AGNI) to issue guidance to a range of criminal justice organisations on the exercise of their functions in a manner consistent with international human rights standards1. There is a potential scenario whereby a Member could table a motion against the guidance and there is currently no mechanism for the Attorney General to speak to it in such circumstances. Section 8(3) of the 2004 Act states: (3) Any guidance issued or revised under this section 1 Section 8 of the Justice (Northern Ireland) Act 2004 as amended Providing research and information services to the Northern Ireland Assembly 1 NIAR 154-13 Briefing Paper (a) shall be published in such manner as the Attorney General for Northern Ireland thinks appropriate; (b) shall be laid before [the Northern Ireland Assembly]; and (c) shall not come into operation until the Attorney General for Northern Ireland by order so provides2. The accompanying explanatory note provides more information on this provision: Subsection (3) requires the guidance to be published, to be laid before (the Assembly) and to be brought into operation by an order made by the Attorney General, subject to the negative resolution procedure, when it is issued, and each time it is revised. -
Legislation Handbook on Assembly Bills August 2017
Welsh Government Legislation Handbook on Assembly Bills August 2017 gov.wales Mae’r ddogfen yma hefyd ar gael yn Gymraeg / This document is also available in Welsh. © Crown copyright 2017 WG32040 Digital ISBN 978-1-78859-074-7 1 Table of Contents Introduction ............................................................................................................................... 9 Examples ................................................................................................................................ 10 Presentation ........................................................................................................................... 10 Keeping the Legislation Handbook up to date .................................................................. 10 Chapter 1 – Acts of the Assembly and the Government’s legislative programme ..... 11 Acts of the Assembly ............................................................................................................ 11 The Government’s approach to legislation ........................................................................ 13 Preparing the legislative programme ................................................................................. 13 Chapter 2 – Overview of preparing a Bill ........................................................................... 14 Working on an Assembly Bill ............................................................................................... 14 Key phases of work prior to introduction of the Bill .........................................................