Jack Straw has mooted the ­possibility of a separate justice system for Wales, but not without a referendum showing that this is what the Welsh want.

Speaking at a Law Society lecture in Cardiff last week, the justice secretary said there could be ‘an organic development of greater autonomy of the Welsh system, building on what has already happened over the past 10 years,’ if there was consent for it.

The move towards increased legislative competence would build on changes that have taken place since devolution in 1998, including the creation of Her Majesty’s Courts Service Wales, and the establishment of the Administrative Court in Wales, he said.

However, greater autonomy would not mean total separation from England, which he cautioned against. ‘My strong advice is that there are overwhelming arguments against a move towards separate jurisdictions.’

Straw says that if Wales were to become a separate jurisdiction, this would have ‘enormous practical implications’.

For example, decisions of the English court might become merely persuasive in Welsh cases, and a separate legal profession may need to develop, with its own systems of professional regulation.

‘Such a large and ambitious project would certainly require primary legislation, and there would inevitably be an expectation for it to be approved by a referendum,’ said Straw.

Roy Morgan, head of Welsh firm Morgans, said: ‘It is right to acknowledge the differences in the law in Wales since the Welsh Assembly was given law-making powers, but there’s a risk of polarisation of skills and capabilities if separation were to become too great.’