9. What legal advice has the Counsel General provided to the Welsh Government on the Senedd Cymru (Electoral Candidate Lists) Bill? OQ60936

Thank you for the question. The Bill has been through all the usual processes that all Government legislation introduced into the Senedd goes through. The Member in charge has set out the Government’s position in relation to the Bill in her oral statement and during her evidence to the Reform Bill Committee.

Counsel General, the advice that's been provided to the Welsh Government is that this does sit within the legal competence of the Senedd. Unfortunately, the Llywydd doesn't agree with that position. Evidence to the reform committee doesn't agree that it sits within the legal competence of the Senedd. The UK Government doesn't agree that this legislation sits within the legal competence of this Senedd and nor do independent legal advisers in this area of law around the country agree that this sits within the legal competence of the Senedd. So, I'd be very interested to know how you've come to that position and the Welsh Government lawyers have come to that position to say that it is within competence, when the vast Majority of legal professionals who study in this area of law disagree with the Welsh Government's position. I want to separate apart whether I agree with the policy or not. But I think we need to make sure that, when we are putting law forward in Wales, it actually does sit within competence, and the Welsh Government doesn't waste money fighting this in the Supreme Court when it knows that it shouldn't have put the Bill forward in the first place, if it doesn't sit within the legal competence of this Senedd.

The issue of competence is obviously a fundamental part of our legislative process. It is certainly the case that this is one where there are different legal opinions in terms of competence. Competence is often an extremely complex and grey area. This legislation, of course, is being taken through by the Trefnydd. So, it's not a Bill that's within my portfolio of responsibilities. The reason I'd be cautious on this at the moment is for this reason: those issues have been recognised, the matter has been taken back to the Senedd and is currently being considered by an appropriate committee. That committee, I know, is considering the issue of competence and has taken evidence on that. They will come to an opinion and they will report back to this Senedd at that particular stage. At that stage, the Senedd will take a decision on whether it is appropriate matter to proceed. In terms of my role as Counsel General, as law officer, I act independently of Government, but only once legislation has been passed and has been concluded. It's the same position with regard to the Attorney-General. I have the authority, as does the Attorney-General, to refer a matter to the Supreme Court if there is a constitutional issue with it. Of course, competence can be one of those. So, it's not really appropriate for me to make any further comment on this other than what I've said—other than that, of course, depending upon how the legislation proceeds, at a certain stage I will be required to exercise my role as law officer.

I thank the Counsel General.