Welsh law should be codified for clarity and accessibility as a matter of priority, Supreme Court Justice Lord Lloyd-Jones has said.
Speaking to the Association of London Welsh Lawyers, Lord Lloyd-Jones said the National Assembly’s exercise of its law-making powers meant ‘we are now witnessing a rapidly growing divergence between English law and Welsh law’ particularly in education, planning, social services and residential tenancies.
The ‘sheer complexity and inaccessibility of the law’ as a result was a ‘huge problem’, he said. The fact both Westminster and the National Assembly could amend primary legislation in devolved areas created a ‘further source of confusion’. Repeated amendment without publishing the amended text resulted in ‘an impenetrable mess’.
Lord Lloyd-Jones said consolidation of the Welsh statute book would take a generation to accomplish. Therefore, it might be better to produce US-style codes, each dealing with a distinct subject. Subsequent amendment would create an up-to-date statement of the law.
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