Counsel General
I see in the paper today (Western Mail) that not only am I questioning the legality and constitutional position of Carwyn Jones, but so too is the Liberal Leader in the Assembly, Mike German. It does seem to me absolutely clear from the Government of Wales Act that Carwyn Jones cannot be both Counsel General and an Assembly Minister (s49). It also seems clear to me that a person is a Minister not just in terms of title and that by avoiding calling somebody Minister and creating a new post of Leader of the House and claiming that this isn’t a ministerial role, does not get round the problem. If somebody acts like a Minister and is given ministerial duties then they are a Minister, and they can’t be Counsel General as well. It will interesting to see how this issue, which is by no means solely party political relevance, rolls out. It also presents a Gilbertian situation of who can give a legal ruling on this – no man or woman can decide an issue in their own cause!
All of this should have been avoided by appointing somebody from outside of party politics or, at the very least, somebody who will perform this role and this role only.
