THE appointment of Wales' top lawyer breaches devolution legislation, it has been claimed.

Neath AM Jeremy Miles served as counsel general under Carwyn Jones from 2017, and retained the role in Mark Drakeford's new cabinet following his election as first minister last month. But he was also given ministerial responsibility for Brexit - which Plaid Cymru and the Welsh Conservatives have claimed represents a breach of the devolution agreement.

As counsel general Mr Miles is responsible for providing legal advice to the Welsh Government and ministers. But Plaid and the Conservatives have both said this means he would be required to give advice to himself as Brexit minister - in conflict with devolution legislation, which states the counsel general cannot be a minister.

Plaid deputy leader Rhun ap Iorwerth called the appointment "a clear conflict of responsibilities" and said he was concerned Mr Miles would not be able to operate as an independent legal adviser if he is also a minister.

But, speaking in the Assembly on Tuesday as AMs voted on Mr Miles' appointment, Mr Drakeford said the appointment was fully in line with legislation.

He explained the role of Brexit minister - a new position in his cabinet - was based on overseeing the impact of leaving the EU on Wales and would not require Mr Miles to make ministerial decisions. In a situation where he was required to make such a decision, Mr Drakeford added, it would instead be made by the first minister himself, or another appropriate minister.

AMs ultimately voted 31 to six, with 14 abstentions, to approve Mr Miles' appointment as counsel general.