‘Welsh legal jurisdiction badly needed as Brexit challenges on horizon’
NEW calls have been made for the recognition of a distinct Welsh legal jurisdiction as the UK prepares for the challenges of Brexit.
The Welsh Government argues that withdrawal from the EU will “accelerate” the development of a growing body of Welsh law.
The call comes as a major report from the Commons Justice Committee on the implications of Brexit is launched. It warns that co-operation on criminal justice with the EU is so important that this is “too precious to be left vulnerable to tactical bargaining” in the upcoming negotiations.
Plaid Cymru argues that the case for a “separate legal jurisdiction” is “already overwhelming” and Welsh and English law will become more divergent if the Assembly gains powers today held by Brussels.
Liz Saville Roberts, Plaid’s constitutional affairs spokeswoman, said: “There is a crucial difference between working together co-operatively and maturely, and imposing a one-size-fits-all, ‘England and Wales’ shackle to important and intricate legal matters. Welsh democracy has developed over the last two decades to a point where Wales now has its own body of law that is increasingly distinct to that of England.
“We are the only country in the world that has a full law-making legislature operating without a corresponding legal jurisdiction. It is unsustainable and it is time that Westminster accepted that the UK is now a partnership of countries, working together maturely, rather than imposing its own archaic structures on all parts of the UK.”
A Welsh Government spokesman said: “A distinct Welsh legal jurisdiction is already developing with the growing body of Welsh law; the UK’s withdrawal from the EU will accelerate this development. There is no doubt that formal recognition of a distinct legal jurisdiction, moving in the direction of Scotland and Northern Ireland, would clarify powers and responsibilities to everyone’s benefit.”
The Commons Justice Committee report argues that “protecting the UK as a top-class commercial law centre should be a major priority for the Government”. Its MPs urge the government to “replicate existing provisions as closely as possible”.
Chairman Bob Neill said: “Protecting the UK as a top-class commercial law centre should be a major priority given the clear impacts on the economy of failure to do so: the government should look to replicate existing provisions as closely as possible. Similar provisions in family law provide greater speed in child abduction cases, for example, and represent improvements over their default alternatives.
“We believe that a role for the Court of Justice of the European Union in respect of these essentially procedural regulations is a price worth paying to maintain effective cross-border tools of justice.”
The report notes that the UK’s legal services sector makes a “£25.7bn annual economic contribution” and “lawyers’ current rights to practise across EU member states help small businesses and ordinary people”.
The MPs want the government to “protect these powers” and warns of “concerted efforts by EU law firms to use Brexit to win clients from UK competitors”.