After looking at the issue of access to justice, the focus turns to those responsible for securing justice on behalf of their clients.
One of the first (only as of late 2021 as far as I can tell) recommendations from the Thomas Commission to be enacted is the creation of a Law Council of Wales.
The establishment of the Law Council of Wales was announced by Counsel General, Mick Antoniw (Lab, Pontypridd), in March 2021 and the first Chair – former Lord Chief Justice, Lord Lloyd-Jones – was appointed in October 2021.
The Law Council – as proposed – will be made up of the Counsel General (post-independence, Attorney General), representatives of the main legal professions (solicitors, barristers etc.), members of the judiciary, at least one lay member, representatives of certain legal bodies (like the Law Commission) and legal academics.
The proposed role – which you would assume would continue after independence or devolution of the criminal justice system – currently includes:
- Raising awareness of Welsh law.
- Reviewing legal education at law schools and supporting the training of legal professionals and the judiciary.
- Ensuring legal resources are available in the Welsh language.
There’s a clear opportunity to take this further and use the Law Council to streamline arrangements after independence. This could include additional responsibilities such as:
An independent advisory body to the Attorney General – The Law Council could provide advice on matters of law, or represent the views of the legal profession and judiciary as a whole, directly to the Welsh Attorney General (Part IVb).
Taking on the current role of the Legal Services Board (Part II) – The Law Council would be responsible for recognising legal qualifications and the regulatory bodies for legal professionals.
Consult on and set regulated legal fees (Part IX) – If Wales opts to regulate certain legal fees, then the Law Council could make recommendations to the Welsh Government on what type of legal work regulated fees should apply to, the fee itself and the method of application (i.e. hourly rate vs flat fee).
Taking on the current role of the Law Commission (Part IVb) – If Wales opts not to have a separate Law Commission, the Law Council could take on that role instead. The Council would then be responsible for recommending reviews of and updates to Welsh law. This was a recommendation of the Thomas Commission1.
Establish and run a complaints system concerning the quality of service in the legal sector – That could be via the appointment and financing of an Ombudsman or an independent complaints commission. This could include researching and publishing recommendations for how to improve legal services. Complaints about the conduct of legal professionals could remain with the respective regulatory bodies of the individual professions/a Welsh Bar Association etc.
All of the above would require a budget and secretariat. Based on existing budgets for the Legal Service Board, Legal Ombudsman and Law Commission, you would expect it to be anything up to £4-5million a year as a ballpark figure.
1: Commission on Justice in Wales, (October 2019). Justice in Wales for the People of Wales, p483-485. Available at: https://gov.wales/sites/default/files/publications/2019-10/Justice%20Commission%20ENG%20DIGITAL_2.pdf
