ONE of Wales' most senior lawyers last night called for a Welsh
High Court to be set up.
Lord Carlile QC said the move would
demonstrate the maturing of the Assembly, set up three years ago,
and improve the quality of justice in the
country.
Delivering the
annual David
Lloyd George lecture,
part of the Criccieth Arts
Festival,
last night, Lord Carlile said Wales historically had its own legal
institutions, including a chief justice.
He praised initiatives set up by
senior judges to devolve legal
powers to Wales.
The former Liberal
Democrat MP
for Montgomeryshire said: ``There now sit in Wales several superior
courts of record and three Civil Justice Centres have been
established to provide the means for the resolution of civil
disputes of all types without having the case heard in London or
elsewhere outside Wales.
``It means that the judicial review
of administrative action can and does routinely occur in Wales if
the challenge is to the actions of the Assembly, Welsh local
government or other publicly accountable
bodies.
``In addition, as the Court of
Appeal has sat in Cardiff on several occasions, there is a
reasonable expectation that judicial review appeals to that court
will be heard within Wales.''
Lord Carlile said Wales was larger
than several American states, each of which had its own judicial
structure, and larger than some European
countries.
He added: ``I pose the suggestion
that the development of a Wales Division of the High Court of
Justice, with the full range of High Court jurisdiction for all
first instance and review cases arising wholly within Wales and
including mercantile, chancery and family cases, would be
cost-effective and beneficial as well as consistent with the
process of evolution of devolution.''
Lord Carlile also suggested one
single police force would better serve the Welsh people rather than
the four current forces overseen by the Home
Office.
He said: ``A single police force for
Wales might provide significant efficiency and operational
improvements as well as economies of
scale.
``The Assembly is already involved,
as it provides 52pc of the funding for the police in Wales through
the police precept on council tax bills. The Liberal Democrats
and Plaid
Cymru have
supported the move towards devolution of police
functions.
``The Labour Government has opposed
it steadfastly, and the Conservative Party seems undecided - or
possibly as open to suggestion as Oppositions usually are. When it
was suggested, in separate debates, in
the House
of Lords recently
by Lord Thomas of Gresford QC and myself, the government barely
seemed to take it as a serious suggestion. It
is.''
Lord Carlile said the absence of
greater powers caused ``understandable
frustrations''.
He said: ``At the height of the
foot-and-mouth crisis of 2001 the Welsh Minister for Rural Affairs,
Carwyn Jones, expressed mounting frustration that the Assembly was
expected to manage the crisis in Wales but did not have the powers
to do so effectively.''