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The Richard Commission Seminar
City Hall, Cardiff
Friday 7 February 2003
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PROGRAMME
MORNING SESSION |
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| 10:00 Introduction - |
Chair: Mr Justice Thomas |
10:03-
11:15 |
1. The perspective of the legal profession
on the practical operation of
the current system |
| (a) |
Problems with current legislation and policy
making in Westminster and Cardiff: |
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• The drafting of primary
legislation for Wales and the treatment of Wales in primary
legislation;
• Experience in relation to the
Assembly: consultation about draft legislation, the drafting
of
legislation and the procedures
for enactment;
• Finding and understanding the
powers devolved; the accessibility of provisions in primary
legislation, secondary
legislation and circulars;
• The timing of implementation
and divergence from England;
• The cost of advising in a complex
system;
• The contribution of lawyers to
policy making in Westminster and Cardiff. |
2 speakers: total 30 mins
Milwyn Jarman QC
Emyr Lewis, Morgan Cole |
| (b) |
The impact of the last three years on the
courts, tribunals and professions. |
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• The changes made;
• The economic and institutional
significance of doing Welsh work in Wales;
• Are there separate Welsh issues
that are not adequately dealt with - (eg the organisation
of the
courts in rural Wales,
the economics of legal practice, the contribution of professionals
to
regenerating the economy
- but not to include criminal justice) |
| One speaker: 20 mins
Phillip Howell-Richardson, Morgan Cole
|
11:30-
13:00 |
2. Issues relating to an increase in
powers of the Assembly? |
| (a) |
The options from the perspective of lawyers: |
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• The options for the creation
of an understandable and workable system of devolved fields,
functions
and powers for Wales;
• The scope of devolved fields,
functions and powers. How and where should the demarcation
be
drawn so that the system of devolution
is workable?
• The practical advantages and
disadvantages of primary powers from the perspective of
lawyers;
• The Assembly as a body corporate
(to include present problems) or as an Executive and a
legislature. |
| 2 speakers: total 40 mins
Huw Williams, Edwards Geldard
Clive Lewis, First Junior Counsel to the National Assembly
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| (b) |
Practical factors to be considered
in relation to an increase in the legislative powers of
the Assembly |
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• The potential contribution
of lawyers in assisting in policy development;
• The capacity to draft and publish
legislation; a separate Welsh statute book;
• The capacity of the legal profession
to deal with the increased scope of legislation (whether
primary
or secondary) diverging
from England. |
| One speaker: total 15
mins
Professor David Miers, Cardiff University Law
School
|
| (c) |
The contribution of the legal
profession to economic development against the background
of extended powers; the potential benefit of working together
more easily in a small country |
| One speaker: 10
mins
Nicholas Neal, WDA
|
14:00:-
15:00 |
3. Criminal Justice Policy and the operation
of the Criminal Justice System |
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• The organisation of the
criminal justice system in Wales into the four police
areas and the present
involvement of the
Assembly in criminal justice.
• The methods of funding and the
availability of resources.
• Policy making.
• The interrelationship of functions
and powers in relation to the major CJS problems facing
Wales
such as heroin. |
| One speaker: l5 mins
Terence Grange, Chief Constable of Dyfed Powys
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| (b) |
The options for change: |
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• Is there a need - are
there benefits for co-ordination within a smaller nation?
• What are the options as to the
organisation of the criminal justice system within Wales
and as to
further devolution of functions
and powers?
• Where should the line to be drawn
between any devolved and any non devolved functions and
powers?
• Structures for managing a system
where the functions and powers are divided between Westminster
and Cardiff
• The capacity to make policy and
the implications of policy that may differ to that applied
in
England? |
| One speaker: l5 mins
Nicholas Cooke QC
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15:00:-
16.25 |
4. The implications for the Court and
tribunal system of an increase in powers |
| (a) |
The impact of primary legislative
powers on the Courts and tribunals: |
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• Could primary legislative
powers be handled within the existing unitary structure
of the Courts and
Tribunals? If so, what modifications
are needed?
• What are the options for a major
change to the court and tribunal system (such as a Wales
Division
of the High Court, a system similar
to Northern Ireland or a hybrid) and how would they work?
• The impact of any major changes
on the judiciary. |
| 2 speakers: 30 mins
Mr Justice Roderick Evans
Professor Iwan Davies, University of Wales - Swansea
Law School
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| (b) |
The impact of any major changes
on: |
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• Legal practices,
• The ability to carry out work
across the UK;
• The organisation and education of the
legal profession;
• The provision of legal services
within Wales. |
| One speaker: 20 mins
Peter Watkin Jones, Eversheds
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16:25:-
16:30 |
Concluding Remarks. |
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