I am not minded to support the amendment, but it raises a pertinent issue. It might be helpful if the Minister took the opportunity to explain the nature of the relationship that will exist between the Counsel-General and the Assembly. There is some lack of clarity in the Bill’s text about whether the Counsel-General is the servant of the Executive and the Ministers or of the Assembly, or of both.
Of course, in this House, the Attorney-General fulfils a function both as the Government’s adviser and, in theory, an adviser to the House, although because he is not a Member of the House, it is difficult for him to discharge that responsibility. I have not seen the Solicitor-General fulfil that function since he was appointed. It is an issue on which there needs to be some clarity.
On the face of it, I can see why the Government have restricted the right to make a reference to the Counsel-General or the Attorney-General, but it raises the question of what the Counsel-General’s duties will be and how he should discharge them. I assume that by virtue of his office he has to cast a wholly impartial eye over legislation and, if he thinks that there is an issue of controversy or difficulty, to make the reference. However, that raises a question about the extent to which he should be seen to act and will act independently and the extent to which he will be seen as a creature of the Executive.
The standard problem that could arise, I suppose, is an issue on which there is disagreement between the Assembly and Ministers. We should like some reassurance from the Government as to how they see this working in practice.
Government of Wales Bill
Proceeding contribution from
Dominic Grieve
(Conservative)
in the House of Commons on Tuesday, 24 January 2006.
It occurred during Debate on bills on Government of Wales Bill.
Type
Proceeding contribution
Reference
441 c1345-6 
Session
2005-06
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