Counsel General for Wales

Law officer of the Welsh Government

Counsel General for Wales

Cwnsler Cyffredinol Cymru (Welsh)[1]

Incumbent
Vacant

Welsh Government
Style| Welsh Minister
Status| Law officer of the Crown
Abbreviation| Counsel General
Member of|

* the Senedd
* Cabinet

Reports to| the 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
Formation| 19 July 2007
First holder| Carwyn Jones AM
This article is part of a series within the
Politics of the United Kingdom on the

Politics of Wales

The Crown

The Monarch

Charles III

* * *

Heir Apparent
William, Prince of Wales

* * *

* Prerogative
* Royal family
* Succession
* Privy Council
* King-in-Parliament
* Lord-lieutenant
* Llwynywermod
* England and Wales
* Laws in Wales Acts 1535 and 1542
* Principality of Wales
* Welsh republicanism

Government

Welsh Government
Eluned Morgan government (list)

* * *

First Minister (list)
Rt Hon Eluned Morgan MS (L)

* * *

* Cabinet
* Civil Service
* Welsh Budget
* Taxation
* Directorates
* Sponsored bodies
* State-owned enterprises
* Crown Buildings, Cathays Park

* * *

Counsel General-designate – Elisabeth Jones Chief Whip and Trefnydd – Jane Hutt MS (L) Permanent Secretary

* * *

International relations

* Welsh Government international offices

Legislature

Senedd

Sixth Senedd

* * *

Llywydd (Presiding Officer)
Elin Jones MS (PC)

* * *

Leader of the Opposition
Andrew RT Davies MS (C)
Shadow Cabinet (current)

* * *

*     * Primary legislation (list)
*         * Acts
* Measures
* Statutory instruments

* Members (MSs)
* Current members
* Elections (by-elections)
* Constituencies and electoral regions
* First Minister's Questions
* Senedd Commissioner for Standards
* Devolution referendum (2011 referendum)
* Government of Wales Act 1998
*           * 2006 Act
* 2014 Act
* 2017 Act

* Senedd estate, Cardiff Bay
*         * (Senedd building
* Tŷ Hywel
* Pierhead Building)

Wales and the United Kingdom

HM Government

Starmer ministry

* * *

Prime Minister
Rt Hon Keir Starmer MP (L)

* * *

Secretary of State for Wales
Rt Hon Jo Stevens MP (L)

* * *

UK Parliament

* 59th Parliament
* House of Commons

* * *

* Wales Office
* Under-Secretary
* Welsh Grand Committee
* Welsh Affairs Select Committee
* Interministerial Standing Committee
* Government of Wales Act 2006

* Elections
* Constituencies
* Current Westminster MPs
* Barnett formula
* Devolution
* Devolved matters
* Reserved matters
* Legislative consent motion

* Unionism
* Independence

* * *

Politics of the United Kingdom

Law and justice

* Welsh law
* English law
* Wales-only laws

*     * Laws in Wales Acts 1535 and 1542
* Wales and Berwick Act 1746
* Capital of Wales: Cardiff
* Supreme Court of the United Kingdom
* Courts of England and Wales
* President of Welsh Tribunals
* Police forces
* Police and crime commissioner (list)

Local administration

History

* * *

Subdivisions of Wales

* * *

* Historic counties (list)
* Preserved counties (list)
* Principal areas (list)
* Former districts
*     * list pre-1973
* list 1974-1996

* Communities (list)

* * *

Local government

* * *

Principal councils (leader list) Corporate Joint Committees

* * *

* Cities (list)

* Cardiff (Mayor / Council)

* Swansea (Mayor / Council)

* Newport (Mayor / Council)

* Wrexham (Mayor / Council)

* * *

* Community council (list)

* Communities with city status
*     * Bangor
* St Asaph
* St Davids

* * *

Local twinning

* * *

see also: Regional terms and Regional economy

Elections and referendums

Senedd elections

* 1999
* 2003
* 2007
* 2011
* 2016
* 2021
* Next

* * *

United Kingdom Parliament elections

* 1801 co-option
* 1802
* 1806
* 1807
* 1812
* 1818
* 1820
* 1826
* 1830
* 1831
* 1832
* 1835
* 1837
* 1841
* 1847
* 1852
* 1857
* 1859
* 1865
* 1868
* 1874
* 1880
* 1885
* 1886
* 1892
* 1895
* 1900
* 1906
* 1910 (Jan)
* 1910 (Dec)
* 1918
* 1922
* 1923
* 1924
* 1929
* 1931
* 1935
* 1945
* 1950
* 1951
* 1955
* 1959
* 1964
* 1966
* 1970
* 1974 (Feb)
* 1974 (Oct)
* 1979
* 1983
* 1987
* 1992
* 1997
* 2001
* 2005
* 2010
* 2015
* 2017
* 2019
* 2024

* * *

European Parliament elections (1979–2020)

* 1979
* 1984
* 1989
* 1994
* 1999
* 2004
* 2009
* 2014
* 2019

* * *

Local elections

* 1987
* 1989
* 1991
* 1993
* 1995
* 1999
* 2004
* 2008
* 2012
* 2017
* 2022

* * *

Police and crime commissioner elections

* 2012
* 2016
* 2021

* * *

Referendums

* 1975
* 1979
* 1997
* 2011
* 2011
* 2016

* * *

* 1915–16 Anglican border polls
* 2004 Ceredigion mayoral

* * *

*     * Senedd constituencies and electoral regions
* UK parliamentary constituencies in Wales
* Political parties

Represented in the Senedd

* (Labour
* Conservatives
* Plaid Cymru
* Liberal Democrats)

* Think tanks

* Category
* Wales portal

* Other countries

* v
* t
* e

The Counsel General for Wales (Welsh: Cwnsler Cyffredinol Cymru)[2] 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.

Elisabeth Jones is the current Counsel General-designate in the Eluned Morgan government since August 2024.

## The Counsel General's statutory responsibilities

[edit]

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

* Like the Welsh Ministers and the First Minister, the Counsel General may make representations about any matter affecting Wales.
* The Counsel General may bring, defend or appear in legal proceedings, in the name of the Counsel General, if he considers it appropriate to do so to promote or protect the public interest. This is a function the Counsel General exercises independently of government.
* The Counsel General may refer a provision of an Act of Senedd Cymru (including a Welsh Government Bill) to the Supreme Court for a ruling on whether it is within the Senedd's legislative competence, and may respond where any such reference is made by another law officer. This is another function the Counsel General exercises independently of government.
* The Counsel General can also require devolution issues to be referred to the Supreme Court for a decision.
* Like the Welsh Ministers, the First Minister and Senedd members, the Counsel General can introduce a bill into the Senedd.

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

[edit]

* Providing legal advice to the Welsh Government in and representing it in legal proceedings;
* Holding meetings and discussions with other Law Officers;
* Holding meetings and discussions with the judiciary, members of the legal profession and others involved in the administration of justice;
* Responding to proposals or consultations that affect legal matters in Wales, including those of the Law Commission and UK Government;
* Working to improve the accessibility of devolved legislation in Wales for the legal profession and the public, including considering the future consolidation of existing legislation;
* Approving proposed retrospective legislation and early commencement of Senedd Acts.

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

[edit]

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

[edit]

[3]

Name  | Image  | Entered office  | Left office  | Political party  | Government  | First Minister

|
|
|
|
|
|

| Carwyn Jones AM |  | 19 July 2007  | 9 December 2009  | Labour | Fourth Morgan government | Rhodri Morgan (2000–2009)
| John Griffiths AM |  | 9 December 2009  | 27 May 2011  | First Jones government | Carwyn Jones (2009–2018)
| Theodore Huckle QC[4] |  | 27 May 2011  | 19 May 2016  | Independent | Second Jones government
| Mick Antoniw AM  |  | 27 June 2016[5] | 14 November 2017  | Labour | Third Jones government
| Jeremy Miles MS |  | 14 November 2017  | 13 May 2021[6]
| First Drakeford government | Mark Drakeford (2018–2024)
| Mick Antoniw MS  |  | 13 May 2021  | 16 July 2024[7] | Second Drakeford government
| Gething government | Vaughan Gething (2024)
| Elisabeth Jones[8] |  | 7 August 2024 (designate)  | Present  | Independent | Eluned Morgan government | Eluned Morgan (2024)

## References

[edit]

1. ^ "Cwnsler Cyffredinol Cymru yn tyngu ei lw". Official Welsh language Welsh Government website, llyw.cymru. Welsh Government. Retrieved 18 April 2023.
2. ^ "Cwnsler Cyffredinol Cymru yn tyngu ei lw". Official Welsh language Welsh Government website, llyw.cymru. Welsh Government. Retrieved 18 April 2023.
3. ^ "First Minister appoints new Counsel General". Welsh Government. 3 November 2017. Retrieved 13 November 2017.
4. ^ "Huckle appointed counsel general". www.bbc.co.uk. 27 May 2011.
5. ^ "Announcements".
6. ^ "Agenda for Plenary - Fifth Senedd on Tuesday, 14 November 2017, 12.30". business.senedd.wales. 14 November 2017.
7. ^ Price, Emily (16 July 2024). "Four ministers quit Gething government". Nation.Cymru. Archived from the original on 16 July 2024. Retrieved 16 July 2024.
8. ^ https://www.gov.wales/cabinet-secretaries-and-ministers

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