Counsel General for Wales

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Counsel General for Wales
Cwnsler Cyffredinol Cymru (Welsh) [1]
Mick Antoniw official portrait.JPG
Incumbent
Mick Antoniw MS
since 13 May 2021 (2021-05-13)
Welsh Government
Style Welsh Minister
Status Law officer of the Crown
AbbreviationCounsel General
Member of
Reports tothe Senedd and the First Minister of Wales
Seat Cardiff
Nominator First Minister of Wales
Appointer The Crown
Term length Five years
Subject to elections to the Senedd which take place every five years
Formation19 July 2007
First holder Carwyn Jones AM

The Counsel General for Wales is the Welsh Government's Law Officer (akin to the role of Attorney general in other jurisdictions using the Common law), which means the government's chief legal adviser and representative in the courts. In addition to these "lawyer" roles the Counsel General also works to uphold the rule of law and integrity of the legal community in Wales, and has a number of important specific statutory functions, some of which are to be exercised independently of government and in the public interest.

The Counsel General is appointed by the sovereign on the recommendation of the First Minister of Wales. The recommendation of the First Minister to appoint or remove the Counsel General can only be made if approved by the Senedd. The Counsel General is a member of the Welsh Government and attends Cabinet meetings at the invitation of the First Minister. Although not a minister, the Counsel General is bound by the Ministerial Code which makes some specific provision in relation to the role.

The Counsel General's statutory responsibilities

The Counsel General's statutory responsibilities are found in the Government of Wales Act 2006

The Counsel General is accountable to the Senedd for the exercise of his independent statutory functions. He answers questions in the Senedd once every four weeks.

Other responsibilities

The Counsel General may also play a role in the development of Welsh Government policy on legal matters. For example, he led with the First Minister in consulting for the public on a separate Welsh legal jurisdiction and preparing the Welsh Government's submissions to the Silk Commission on this issue.

History of the office

From 1998 to October 2003, Winston Roddick CB QC fulfilled the role of chief legal adviser to the National Assembly for Wales. This was, however, a civil service post and therefore non-statutory and non-governmental role. Mr Roddick is, however, to be credited with suggesting the title "Counsel General", and as "Counsel General" in that form he had responsibility for advising the National Assembly on all legal matters.

From the coming into force of the 2006 Act a Welsh Assembly Government (now Welsh Government) was created to provide a conventional parliamentary division between legislature and executive, and the statutory and governmental position of Counsel General was created.

List of Counsels General for Wales

[2]

NameImageEntered officeLeft officePolitical partyGovernmentFirst Minister
Carwyn Jones AM Carwyn Jones 2011 (cropped).jpg 19 July 20079 December 2009 Labour Fourth Morgan government Rhodri Morgan(2000–2009)
John Griffiths AM John Griffiths AM (27889494760).jpg 9 December 200927 May 2011 First Jones government Carwyn Jones(2009–2018)
Theodore Huckle QC [3] Theo Huckle QC Main Photo (2MB) (cropped).jpg 27 May 201119 May 2016 Independent Second Jones government
Mick Antoniw AM Mick Antoniw AM (27555054974).jpg 27 June 2016 [4] 14 November 2017 Labour Third Jones government
Jeremy Miles MS Jeremy Miles AM (28170809995).jpg 14 November 201713 May 2021 [5]
First Drakeford government Mark Drakeford(2018–2024)
Mick Antoniw MS Mick Antoniw official portrait (cropped).JPG 13 May 2021 Incumbent Second Drakeford government
Gething government
Mark Drakeford(2018–2024)
Vaughan Gething(2024–Present)

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References

  1. "Cwnsler Cyffredinol Cymru yn tyngu ei lw". Official Welsh language Welsh Government website, llyw.cymru. Welsh Government . Retrieved 18 April 2023.
  2. "First Minister appoints new Counsel General". Welsh Government. 3 November 2017. Retrieved 13 November 2017.
  3. "Huckle appointed counsel general". www.bbc.co.uk. 27 May 2011.
  4. "Announcements".
  5. "Agenda for Plenary - Fifth Senedd on Tuesday, 14 November 2017, 12.30". business.senedd.wales. 14 November 2017.