Plaid Cymru’s Westminster leader Elfyn Llwyd MP today delivered a speech at the National Eisteddfod outlining the future progression of the legal system in Wales.
Mr Llwyd argued that a Welsh legal system is already evolving as devolution matures, but that now is the time to give much more discussion to its distinct development.
Mr Llwyd pointed to the importance of a successful referendum to ensure the progression of an all-Wales comprehensive legal system.
Plaid believes that as Wales is growing in confidence as a nation, the time will come for Wales to take full responsibility for the administration of justice.
Mr Llwyd said:
“Since 1536 Wales and England have been unified under one jurisdiction. Scotland and Ireland already had legal systems, so when they were unified with England centuries later, they were able to maintain their own legal systems.
“Historically of course, the laws of Hywel Dda remained in active use in Wales until the Conquest and were not abolished until 16th century. Yet until the mid-20th century, if a law referred to England, by reason it also referred to Wales.
“Ten years into devolution in Wales, we are now at a turning point.
“The fact that we didn’t have a separate legal system before devolution has hampered the process of Welsh devolution because it has weakened our hand.
“As devolution matures however, the creation of a distinct body of Welsh law is inevitable, and what we must ensure now is that the idea of a distinct Welsh legal jurisdiction is discussed.
“We must have our own separate legal system in order to administer laws made in Wales.
“It will mean, for the first time since Hywel Dda, a Welsh law will be decided by Welsh men and women, for all of Wales, and administered by Welsh courts.
“The Welsh Assembly has achieved so much already, but these powers are not enough, which is why we must win the referendum next year. Wales deserves to move towards the same system as Scotland.
“These issues have become less and less controversial as time has gone by, and many leading figures in the field are now actively calling for these powers to be transferred to Wales too.
“For example, anyone practising family law in Wales has to be aware of the Welsh laws and regulations appertaining to family law. The National Assembly has and is already legislating to create some summary offences in Wales. So devolving the justice system is a natural step and by all means inevitable now.
“The Welsh Assembly Government is more than capable of taking this into its remit and clearly it is a logical move.
“A great deal of progress has been made and I am firmly of the opinion that had we a separate jurisdiction for Wales we would by now have the right to empanel a bilingual jury.
“It is high time that we had an honest and open debate on this issue. Plaid Cymru has campaigned long and hard on this issue and will continue to do so as it is long overdue.”
