Mick Antoniw: Members will understand that if I make assessments they are legally privileged.
Mick Antoniw: You’re welcome.
Mick Antoniw: Well, thank you for those comments. I’m aware of the report that you refer to, which I think was, in fact, sent to all Members of the Assembly. It does raise an interesting issue and exposes again some of the weaknesses in the Wales Act 2017. Hunting with dogs is clearly a reserved matter in the Act. Therefore, the Welsh Government has no competence. The issue of powers of the Welsh...
Mick Antoniw: As Members will know, the answer, again, is subject to the established law officers’ convention.
Mick Antoniw: Well, you raise a number of important issues with regard to legislation and powers that this Assembly and the Welsh Government have in respect of anti-social behaviour. Under the Wales Act 2017, aspects of anti-social behaviour with regard to injunctions, criminal behaviour and so on are, of course, reserved matters. But we do have considerable powers in respect of other areas of anti-social...
Mick Antoniw: Well, of course, and, again, in accordance with the convention, you’ll be aware that I’m not in a position to discuss conversations with other law officers. Perhaps what I could do, though, is refer you to the legislative powers that we do actually have. Of course, reservation 43 reserves parts of the powers in respect of anti-social behaviour to the UK Government and that relates...
Mick Antoniw: Thank you for the question. It is not my intention to make statements about discussions I have had with law officers or to disclose the content of any such discussions. This is an established convention designed to preserve the confidentiality of those discussions and the relationships between law officers, and I look forward to your supplementary question.
Mick Antoniw: I knew there’d be a sting in the tail to the supplementary. The first part of your question with regard to the European Court of Justice is in fact an extremely important point and, of course, because of the great repeal Bill, which is intended to retain the continuity, or to embed, basically, European law into the United Kingdom law, clearly, the decisions of the European Court of Justice...
Mick Antoniw: Well, the Member will not be surprised to know that this question engages the established law officers’ convention. However, the Welsh Government has made its position very clear: we have called for the rights of EU migrants already living in Wales to be guaranteed immediately.
Mick Antoniw: Well, I think the first thing is it’s very important that the Welsh Government does what, in fact, it has done, which is to clearly speak out on behalf of those Welsh citizens, those who may have come from other European countries, who live in Wales, have made their lives here, who work here, and who contribute so much to our economy and family. And that is set out very clearly in the Welsh...
Mick Antoniw: I’ll deal with that latter point first with regard to the Vienna convention. Can you confirm that it’s section 70 of the convention that you’re referring to—or don’t you know?
Mick Antoniw: I will tell you then: it is, in fact, section 70 of the convention. It has been the subject matter of legal consideration, and, of course, it is a convention that applies inter-member states. It does not accrue and give rights. It was part of the mythology, in fact, that was raised during the Brexit debate that, somehow, this would not be an issue, but all the leading legal opinion on this is...
Mick Antoniw: Could I say, in response to that, that I actually fully agree with the statement that was made by Marilyn Brown of UKIP on ‘Sharp End’ only a matter of weeks ago, that EU citizens living in Wales should be given full citizenship now, and should not be used as bargaining chips, so there’s obviously a division within the position that UKIP has presented. Can I also say that, in respect...
Mick Antoniw: Thank you for the question. The independence of the judiciary is fundamental to the rule of law. The Welsh Government rebuts very strongly any challenge to the integrity of our Welsh tribunals’ judiciary. Their decisions are based on the evidence before them and are independent of the Welsh Ministers. The Member will be aware of the written statement that I issued yesterday.
Mick Antoniw: I think it is an important statement and it is an important point and it is something that we do have to achieve. Can I say, first of all today, that I learnt this morning that the Lord Chief Justice, in giving evidence to the House of Lords Constitution Committee, made a specific reference to that statement and to two particular parts of that? I won’t repeat the two parts of the statement,...
Mick Antoniw: The Welsh Government is concerned that, for many people, the cost of bringing employment-related claims is now prohibitively expensive and denies them access to justice.
Mick Antoniw: Well, you make some very good points. The UK Government’s own review of the introduction of fees in employment tribunals was published in January, and that does indeed highlight a number of very concerning the areas. First is obviously the very stark and substantial fall that there has been in the volume of claims: an 80 per cent reduction in claims to tribunals since the introduction of...
Mick Antoniw: The Welsh Government supports the CAB by actually funding advice and support through various advice agencies. Of course, the most effective way of gaining support in occupational matters is by actually belonging to a trade union, and of course the UK Government seems to spend most of its time looking at legislation that actually inhibits and restricts the role and operation of trade unions. I...
Mick Antoniw: The recommendations relating to the personal development and career progression of lower-ranking judges and tribunal members could have a positive impact on career opportunities for the Welsh tribunal judiciary.
Mick Antoniw: Thank you for that supplementary question. Of course, you raise some of the points that were very much raised in the Justice report, which effectively said that the senior judiciary is dominated by privately educated white men and may need targets with teeth to improve diversity on the bench. There is, of course, a significant process of change under way at the moment, and the study by the...
