Comments on: Supreme Court dictates pace of Welsh devolution http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/ Sat, 18 May 2013 10:41:31 +0000 hourly 1 http://wordpress.org/?v=3.4 By: John R. Walker http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-142633 John R. Walker Tue, 16 Oct 2012 21:18:04 +0000 http://www.clickonwales.org/?p=16128#comment-142633 This was always going to happen in a single chamber Assembly with no obvious competence in legal drafting or scrutiny and without the benefit of a second chamber to make good their defects. Some of us warned during the referendum campaign that poor drafting and scrutiny (outside the experience provided by Westminster) would result in judicial reviews and law being made by unelected judges who may, or may not, be on the same wavelength as the intended meaning. Law made by judges is not democracy! We were shouted down but we are now being shown to have been correct. I suspect this is just the beginning. The only winners are likely to be the lawyers. The uncertainty these judicial reviews create will impact badly on inward investment - investors want clarity and stability. All they are likely to see is an acrimonious muddle and an uncertain future under a tin pot legislature which does not know the meaning of 'if it ain't broke, don't fix it'! When they do 'fix it' they usually get it wrong! The future looks darker and darker... This was always going to happen in a single chamber Assembly with no obvious competence in legal drafting or scrutiny and without the benefit of a second chamber to make good their defects.

Some of us warned during the referendum campaign that poor drafting and scrutiny (outside the experience provided by Westminster) would result in judicial reviews and law being made by unelected judges who may, or may not, be on the same wavelength as the intended meaning. Law made by judges is not democracy! We were shouted down but we are now being shown to have been correct.

I suspect this is just the beginning. The only winners are likely to be the lawyers. The uncertainty these judicial reviews create will impact badly on inward investment – investors want clarity and stability. All they are likely to see is an acrimonious muddle and an uncertain future under a tin pot legislature which does not know the meaning of ‘if it ain’t broke, don’t fix it’! When they do ‘fix it’ they usually get it wrong! The future looks darker and darker…

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]]> By: Jon Jones http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-142101 Jon Jones Tue, 16 Oct 2012 05:25:27 +0000 http://www.clickonwales.org/?p=16128#comment-142101 What I find most interesting is the query about the Language Equality Act. Wales has no power to legislate on matters relating to the English Language and therefore cannot make English an official language in Wales (English is not an official language in England...at least not by statute). There's a potential can of worms! Does this mean that Wales can only have one official language unless the UK government moves to make English an official language here? If the UK DO make English an official language in Wales, can we have an English Language Equality Commissioner...PLEASE! What I find most interesting is the query about the Language Equality Act. Wales has no power to legislate on matters relating to the English Language and therefore cannot make English an official language in Wales (English is not an official language in England…at least not by statute).
There’s a potential can of worms! Does this mean that Wales can only have one official language unless the UK government moves to make English an official language here?

If the UK DO make English an official language in Wales, can we have an English Language Equality Commissioner…PLEASE!

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]]> By: Ken Richards http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-141779 Ken Richards Mon, 15 Oct 2012 17:35:53 +0000 http://www.clickonwales.org/?p=16128#comment-141779 The process here reminds me of the full back kicking the ball into touch to enable the two sides to re-form the configuration of their respective teams. The concept of concurrent jurisdiction as it applies to the environment is probably one of several issues which the Supreme Court may consider. I went through the same thing as an adviser when the Canadian federal government introduced laws on environmental assessment and the management of toxic substances during the late 1980's and 1990's, much to the chagrin of provincial ministers who felt that they already occupied the field. The case law from that time is interesting as regards the interpretation of responsibilities of the federal and provincial government regarding the environment under the Canadian Constitution. Tactically, it would not be productive for political discussions to be put on hold while the court does its job. In the end, this is a dynamic political process with time out for legal advice. The process here reminds me of the full back kicking the ball into touch to enable the two sides to re-form the configuration of their respective teams.

The concept of concurrent jurisdiction as it applies to the environment is probably one of several issues which the Supreme Court may consider. I went through the same thing as an adviser when the Canadian federal government introduced laws on environmental assessment and the management of toxic substances during the late 1980′s and 1990′s, much to the chagrin of provincial ministers who felt that they already occupied the field. The case law from that time is interesting as regards the interpretation of responsibilities of the federal and provincial government regarding the environment under the Canadian Constitution.

Tactically, it would not be productive for political discussions to be put on hold while the court does its job. In the end, this is a dynamic political process with time out for legal advice.

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]]> By: tredwyn http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-141673 tredwyn Mon, 15 Oct 2012 14:19:43 +0000 http://www.clickonwales.org/?p=16128#comment-141673 The UK government is very careful to respect Scottish sensitivities while it shows undisguised disdain for those of Wales. Oh for an oil field and an effective national party. The UK government is very careful to respect Scottish sensitivities while it shows undisguised disdain for those of Wales. Oh for an oil field and an effective national party.

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]]> By: Anthony James http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-141621 Anthony James Mon, 15 Oct 2012 12:02:08 +0000 http://www.clickonwales.org/?p=16128#comment-141621 It is essential that the architecture of fundamental legislation is clean and understood. The only question that is relevant here is as to whether there should be a Welsh member of the Supreme Court. We Welsh though should resist the idea that there is some sort of conspiracy to shackle Welsh devolution. The UK courts have shown commendable examples of blind justice over centuries, it would be folly to become paranoid that the Supreme Court would be other than just, or against the Welsh interest, for in the longer term it would serve no purpose. It is essential that the architecture of fundamental legislation is clean and understood. The only question that is relevant here is as to whether there should be a Welsh member of the Supreme Court.
We Welsh though should resist the idea that there is some sort of conspiracy to shackle Welsh devolution.
The UK courts have shown commendable examples of blind justice over centuries, it would be folly to become paranoid that the Supreme Court would be other than just, or against the Welsh interest, for in the longer term it would serve no purpose.

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]]> By: Siôn Eurfyl Jones http://www.clickonwales.org/2012/10/supreme-court-dictates-direction-of-welsh-devolution-journey/comment-page-1/#comment-141615 Siôn Eurfyl Jones Mon, 15 Oct 2012 11:37:19 +0000 http://www.clickonwales.org/?p=16128#comment-141615 This is deliberate obscurantism by the Tory junta in London, who have never accepted devolution. This is deliberate obscurantism by the Tory junta in London, who have never accepted devolution.

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