Law Society calls for a return to political Counsel General in September

Emily Price

The Law Society has called for a return to a political Counsel General when the Senedd begins a new term in September.

Last week, Wales’ new First Minister Eluned Morgan announced her interim Cabinet.

She appointed former Senedd lawyer Elisabeth Velina Jones as the temporary Counsel General Designate.

A Counsel General is the Welsh Government’s chief legal advisor and representative in the courts – similar to the role of attorney general in other jurisdictions.

Ms Jones replaces former Counsel General Mick Antoniw who resigned in protest against First Minister Vaughan Gething’s leadership following rows over donations and covid era text messages.

Mr Antoniw was Counsel General for Wales from 2021 to 2024, having previously served in the position from 2016 to 2017.

He is a strong supporter of comprehensive devolution of justice policy and funding to Wales.

Motion

Unlike the last three appointments to the post – the new Counsel General is not an elected member of the Senedd.

Ms Jones, who was previously chief legal advisor to the then-National Assembly, is the second non-Senedd member to become Counsel General.

Theodore Huckle, a barrister, held the role between 2011 and 2016.

The Senedd will need to consider a formal motion after summer recess to recommend a permanent appointment to the King.

As Ms Jones is not a Welsh Government minister, she cannot exercise powers enjoyed by other ministers.

Any matter requiring a formal decision under a statutory power must be exercised by the First Minister or a nominated portfolio minister.

The Law Society says having a Counsel General that isn’t an elected politician risks a loss of political focus.

The independent professional body works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law. 

Focus

Jonathan Davies, Head of Wales for The Law Society said: “Whilst Elisabeth Jones is both a skilled and highly capable legal professional, the appointment of a Counsel General that is not an elected Senedd member is a retrograde step that presents a real risk of loss of political focus around the justice agenda in Wales. 

“We understand that the First Minister will be reshuffling the Cabinet in September and our members across Wales have been very clear in their desire to see a return to a Senedd Member as Counsel General, operating at cabinet level, when the expected reshuffle takes place in September”

A Welsh Government spokesperson said: “Elisabeth Velina Jones has been appointed as Counsel General Designate on an interim basis, to assure transition over the summer until further announcements on portfolio allocations are made in September.”