Nature of The Office
The Counsel General is by statutory provision a member of the Welsh Government; he or she is its chief legal adviser and is a political appointee, not a civil servant. The rôle is therefore comparable with that of the Attorney General for England & Wales, or in devolution terms with those of the Lord Advocate of Scotland and the Attorney General for Northern Ireland. The Counsel General is considered to be the Welsh Law Officer in respect of devolved affairs.
Though not a Minister of the Government, the position of the Counsel General is considered to be at ministerial level and the Counsel General is bound by the Welsh Government's Ministerial Code. The Counsel General may not be removed from the position except by resolution of the National Assembly for Wales itself. The Counsel General attends Cabinet Meetings at the invitation of the First Minister.
The Counsel General is appointed by Her Majesty on the recommendation of the First Minister with the prior agreement of the National Assembly for Wales and may be removed from office by Her Majesty upon the recommendation of the First Minister provided the First Minister has first obtained the agreement of the National Assembly for Wales. To this extent the Counsel General's tenure may be more “secure” than that of ministerial colleagues.
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