Part of the debate – in the Senedd at 5:08 pm on 15 June 2016.
I’m very pleased to participate in this debate on a crucially important issue, and to share some of my concerns, if truth be told. Now, I don’t need to emphasise just how important the law is in our daily lives. It is central to the effective operation of any state in ensuring the safety and security of our citizens.
Access to the justice system is an integral and fundamental part of justice. Without access, this would only be a concept or an aspiration. But, following cuts and a reform programme to the justice system by the Westminster Government, Wales is losing out on having full access to an effective justice system. Between 2010 and 2015, 15 courts were closed the length and breadth of Wales by the Tories and the Liberal Democrats, and since 2015 another 14 have either closed or are earmarked for closure over the next few years. The closure of Dolgellau magistrates’ court, for example, in the constituency of my colleague from Dwyfor Meirionnydd, does mean cases will now be transferred to Caernarfon or Aberystwyth. For those of you who don’t know that part of the world, that means a journey of over an hour in a car, if you happen to have a car. As we know, public transport is inadequate in Wales, particularly in rural communities, and means that it will be impossible for people who are reliant on public transport to reach the magistrates’ court for a 9.30 a.m. start.
The Westminster Government is defending its decisions by claiming that the courts aren’t being used sufficiently, but there is evidence from a number of different sources that shows that court cases are being moved in order to actually justify these figures and justify the closure of these courts. And, if a lack of demand isn’t the justification for this, then one has to come to the conclusion that it’s part of the Tory obsession in Westminster with saving money without giving full consideration to the impact on the population.
The closure of courts in rural Wales will also have a very detrimental impact on an individual’s ability to carry out their business through the medium of Welsh. The closure of courts and the cuts in legal aid, including giving legal aid contracts to local lawyers, will actually worsen this trend where we see small independent companies either relocating or closing entirely. In the heartlands of the Welsh language it’ll be virtually impossible for residents to access legal services and conduct their business in their language of choice. The Welsh language, of course, should be a key consideration in deciding whether specific courts should be closed or not. Indeed, maintaining these services through the medium of Welsh is a legal requirement. But, although the Government at times has accepted that and made a u-turn, it is about time that these decisions were made by our own Government here in Wales, which would be far more responsive to the needs of our communities.
It’s clear that the UK Government reforms have failed and, if access to the justice system continues to be insufficient, then the rule of law will become meaningless.
There was unanimous agreement among a number of legal experts, when evidence was provided to the Welsh Affairs Committee during the pre-legislative scrutiny of the draft Wales Bill, that there should be a separate legal jurisdiction for Wales. But, although the Bill didn’t receive support in the Assembly during the fourth term of the Assembly, the Westminster Government, as we all know, has come back with another Wales Bill that still rejects not only the advice of experts but a right that has already been given to other devolved nations within this union. What sort of equality is that?
Now perhaps I wouldn’t expect opposition Members to support our proposals today, although I hope that some of you will. But I will call on the Government—despite the actions of your colleagues in Westminster this week, I would call on you to support our motion today in order to ensure fairness for Wales, fairness that has already been provided to Scotland, Northern Ireland and even some English cities—fairness that would ensure that decisions are taken by a democratically elected body that is directly accountable to the people of our nation.