Contemporary Welsh Law
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Contemporary Welsh Law is a term applied to the body of primary and secondary legislation generated by the National Assembly of Wales, according to newly devolved authority granted in the United Kingdom parliament Government of Wales Act 2006. Each piece of Welsh legislation is known as an Assembly Measure. The first Assembly Measure to be officially proposed is the Proposed NHS Redress (Wales) Measure 2007. These powers have been effective since May, 2007. It is the first time in over 700 years [1] that Wales has had its own laws, the last being the Cyfraith Hywel, which was similar to Celtic Law.
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[edit] Legislative Competence - National Assembly for Wales
Both the Government of Wales Act 1998 and the Government of Wales Act 2006 set out areas of devolved responsibility for the National Assembly for Wales (commonly known as the Welsh Assembly). The acts show where legislative competence lies and what laws the Welsh Assembly can make. In order to draft laws that are part of its area of responsibility, but where the powers of legislative competence have not been devolved to it, the Welsh Assembly can request these powers using a Legislative Competency Order or they can receive the transfer of power and the right to make laws through Parliamentary bills.
Each Order in Council for an area of legislation must be approved by the Secretary of State for Wales, both Houses of Parliament, and the Queen in Council in order for the Assembly to legislate in that area. Once the Queen has approved the Order, the new area of legislative competence is added to Schedule 5, Part 1 of the Government of Wales Act 2006 [2]. There is a Counsel General for Wales who oversees the approval and creation of these laws, and gives advice to the Welsh Assembly Government.
Following the devolution of legislative competence to the Welsh Assembly in some area of responsibility, it is unlikely that the UK Parliament would draw up legislation in that area without a motion being passed by the Welsh Assembly to allow them to do so. (Standing order 26 [3].) This is done to prevent legislative confusion.
[edit] Areas to legislate: The devolved areas
These areas are fields where the National Assembly for Wales can request matters as they are known, to make legislation in the form of the Assembly Measure. Under each field, there would be a matter, which would later become the full title to the later Assembly Measure created.
- Agriculture, fisheries, forestry and rural development
- Ancient monuments and historic buildings
- Culture
- Economic development
- Education and training
- Environment
- Fire and rescue services and promotion of fire safety
- Food
- Heath and health services
- Highways and transport
- Housing
- Local government
- Public administration
- National Assembly for Wales
- Social welfare
- Sport and recreation
- Tourism
- Town and country planning
- Water and flood defence
- Welsh language
The Assembly can also legislate in areas that only affect the Assembly itself, that's why the National Assembly for Wales field is added.
[edit] In future: Referendum of future powers to make Acts of the Assembly
- See also: Next Welsh devolution referendum for the referendum article related to this.
At the moment the Welsh Assembly will only be able to make Assembly Measures, but the Assembly is given the option to call for a referendum, with added approval from the UK Parliament, to make Acts of the Assembly. This would not change much of the Assembly Measures system and if the referendum is won, the Assembly Measures passed before that date would still be in force. It's considered that Assembly Measures are a build on to the Acts of the Assembly[citation needed],if the Assembly has these powers in future.
If the provisions to make Acts of the Assembly succeed in a referendum, future Welsh order in council laws will face veto from the UK Parliament, but the Assembly will still be able to make laws in areas already devolved because once the referendum is approved, there will be powers which are already in the government of Wales Act 2006 to make laws already approved by parliament when the act was passed. The Assembly can still request to make laws in areas using the Order in Council system but if the UK Parliament wanted to legislate in a devolved area afterwards, they would require a motion to be passed by the Welsh Assembly, similar to the way the Scottish Parliament work at present. The power to make Acts of the Assembly will be called Subjects, which is schedule 7, part 1 of the Government of Wales Act 2006. [4]
[edit] English Law and Contemporary Welsh Law
- See also: English law
English law, or UK laws still apply to Wales under the present devolution settlement. Contemporary Welsh law will govern the local aspects of Welsh life whilst English law will govern the more generic aspects. Because these laws are derived from UK Acts of Parliament, some people consider this new system of laws to be another branch of English law. Unlike Scotland, for example, which has its own criminal and civil justice system, Wales will still have a unified justice system with England. The 'One Wales' Labour/Plaid Cymru deal also has an area for devolution of a Criminal and Youth Justice System to this new legal system. See Page 29
It is important to note, that English law still applies in Wales, but it will also be important to say that some laws in England, that are devolved in Wales, may not apply in Wales. It is also possible to say that once the Assembly has legislative competency in an area to legislate using Measures, the National Assembly could lead Wales down a different route compared to English law. It's possible to say that there could be some acts that would be illegal in Wales, but not illegal in England and Scotland.
[edit] Wales Only Laws
There are still acts of the United Kingdom parliament that are classed as "Wales Only laws". Each act will contain provision for the Welsh Assembly to make Subordinate legislation on. Sometimes such acts can confer power to the National Assembly for Wales also. A good example of such a Wales Only law is Transport (Wales) Act 2006. This act for example allows the National Assembly to make orders to enforce the provisions in the act. This act does not confer power to the Assembly to make Assembly Measures. Parliament will keep making Wales only laws until a future referendum for full powers happens.
A major difference is also the use of the Welsh language, as laws concerning it apply in Wales and not in England. The Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector. Welsh can also be spoken in Welsh courts.
[edit] Wales as a Jurisdiction
Because under Welsh law there is no Criminal law as it is now Wales can't be considered a fourth law jurisdiction of the United Kingdom. This is because the law of the judiciary and the courts are England and Wales laws which are made from the United Kingdom Parliament, though Welsh law is recognised as separate in operation, it does not constitute Wales as a separate jurisdiction of law. If the One Wales agreement is a success before 2011, this might change as the agreement calls for a review on criminal justice matters in Wales, and whether it should be devolved to Wales, but at the moment there is no devolution of justice to the Assembly. See Page 29
[edit] References
[edit] See also
- Schedule 5 of the Government of Wales Act 2006
- Royal Commission on the Constitution (United Kingdom)
- National Assembly for Wales
- Welsh Assembly Government
- English Law
- Scots Law
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