Mr Chairman, thank you very much indeed. Perhaps I could just formally record that we would like to add our condolences to those of the committee, which have already been given on this sad news.
Mr Chairman, members of the committee, good afternoon. I'm very pleased to be able to attend on behalf of the Law Commission to give evidence and to answer questions. Can I make a few short introductory observations?
First, we consider that the Legislation (Wales) Bill represents and reflects far-sighted and enlightened legislative practice. We endorse the observations of the Counsel General as to the importance of legislation of this type. In broad terms, our experience is that a good codification exercise can reap real benefits, not only in terms of improving the position of individual citizens, but also in terms of administrative savings. By way of illustration, a recent codification exercise that we have completed in relation to sentencing is estimated to be capable of saving up to £0.25 billion over 10 years. 7
The second point is that the central principle of accessibility found within the Bill is not one that is defined. Personally, I don't see this as a particularly difficult problem. Both in our report on form and accessibility of the law applicable in Wales and in the Counsel General's speeches and evidence, the basic ingredients of accessibility are described. We would summarise them as follows: first, the use of understandable language in Welsh and English; second, the removal of out-of-date and obsolete provisions that otherwise foster confusion; third, the removal of unclear and inconsistent terms and definitions; fourth, the bringing together of legislation and, to some degree, common law rules and case law, into a single instrument or into a series of instruments; fifth, the drafting of legislation so that it can be readily amended without leading to a proliferation of different instruments on a topic or subject; and sixth, making legislation readily accessible via digital means—what the Counsel General described in one speech as 'navigability'. Now, these are, in my view, general principles of accessibility. In Wales, there is the added important dimension of making legislation available and understood in the Welsh language.
The third point is that the process of securing accessibility is a long-term project. The Counsel General described it as generational, and I think we would agree. It's also a process that needs to be addressed pragmatically. For instance, it may not always be possible to bring together all the legislation into a single measure or a code; there may need to be a group of instruments. And the speed at which accessibility can be achieved will inevitably depend on political and financial resources.
Fourthly, and the final observation I'd like to make by way of introduction, what in my view is impressive about the Bill is that it encapsulates in simple terms a clear duty on the Counsel General to keep the law under review, and a duty on the Counsel General and the Welsh Ministers to prepare a programme of reform to improve accessibility. These are bold duties, and they create a motor for perpetuating the accessibility. Now, we have, of course, noted that some organisations that have submitted evidence to you have called for the legislation to be bolder and more rigorous. In particular, the Association of London Welsh Lawyers expressed concerns that the duties in the Bill were, as they described it, a recipe for inactivity and procrastination. Well, I do hope this is unduly pessimistic and, indeed, I believe it to be so.
So, Chairman, those are the observations we'd like to make by way of introduction, and we're very grateful for the opportunity to be here to answer your questions.