Strengthening relationships with Welsh Ministers

A Protocol between the Law Commission and Welsh Ministers has been laid before the National Assembly for Wales, formalising how we will work together in relation to Welsh devolved matters.

The Protocol, which was signed on 2 July, sets out the approach that the Commission and Welsh Ministers will jointly take to the Commission’s law reform work. It covers how the relationship will work throughout all the stages of a project, from our decision to take on a piece of work, through to the Ministers’ response to our final report and recommendations.

The Wales Act 2014, which amended the Law Commissions Act 1965 to take account of Welsh devolution, provided for the Protocol to be agreed. The Act also empowers the Commission to give information and advice to Welsh Ministers, and enables Welsh Ministers to refer law reform projects directly to the Commission.

In a direct reflection of the obligations placed on the Lord Chancellor by the Law Commission Act 2009, the Wales Act 2014 also requires Welsh Ministers to report annually to the Assembly about the implementation of our reports relating to Welsh devolved matters.

Welcoming the Protocol, Chairman Sir David Lloyd Jones said: “The Protocol and the Wales Act 2014 represent a landmark in the development of a productive working relationship between the Commission and the Welsh Government. They set out how we will work together in relation to Welsh devolved matters of law reform, placing obligations on both; and how the Welsh Government will account to the National Assembly for its response to the Commission’s work.

“These amendments to the Law Commissions Act 1965 will ensure that, for the first time, the statutory scheme reflects the reality of devolution in Wales.”