Thank you, Deputy Presiding Officer. The Welsh Government takes the enforcement of animal welfare, food production and fisheries rules and laws very seriously. Over the past nine years, marine enforcement officers, acting on behalf of the Welsh Ministers, have investigated infringements of fisheries laws in our waters, leading to 38 successful prosecutions, including 11 last year. We have also taken enforcement action that has in some cases involved taking a prosecution concerning breaches of legislation to control the spread of TB and TSE, to govern the handling of animal by-products, to regulate the marketing of horticultural products and the production of eggs for human consumption. Our prosecution responsibilities also involve social care, childcare and independent healthcare.

In all areas, we are committed to fair and effective prosecution as a way of maintaining law and order, protecting individuals, the public and our resources, and ensuring that we all live in a safe and just society. We also recognise that every prosecution has serious implications for all involved, including witnesses and defendants. When the Welsh Government takes forward prosecutions, it is important that the public has confidence in our actions, and a major part of that is explaining how we have made our decisions and how we support justice.

For that reason, I am pleased today to launch a consultation on the proposed Welsh Government prosecution code. Responsibility for prosecution decisions in the Welsh Government rests with me as the Counsel General, unless prosecution decisions are explicitly restricted to the Welsh Ministers by the relevant statutory provisions. How I take those prosecution decisions is set out in the ministerial code. So, I must exercise prosecution functions vested in me, independently of the Welsh Government, and other members of the Government must not become involved. Where I institute proceedings, defend or appear in legal proceedings relating to the functions of the Welsh Ministers, then again I must act independently of Government.

There are occasions when the function of prosecutor rests with the First Minister or one of the Welsh Ministers. The ministerial code requires liaison with me so that I may provide advice on the prosecution decision as the law officer. But in each and every case, I need to base my advice and exercise my decisions by considering whether the case is suitable for prosecution. I do that by reference to a prosecution code. Currently, I use the Crown Prosecution Service code for Crown prosecutors, which requires consideration of the full code test.

This test has two distinct stages: first, the evidential stage and, secondly, the public interest stage. The evidential stage requires prosecutors to be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect for each offence. The public interest stage requires prosecutors to go on and consider whether a prosecution is required in the public interest. The CPS code sets out a number of factors for prosecutors to consider when deciding on the public interest.

The CPS code, however, was developed primarily for use in relation to mainstream criminal offences. It therefore takes into account the type prosecutions that are commenced by the CPS and the police. There are also parts of the CPS code that do not apply to the Welsh Government. So, in light of this, and coupled with the fact that the Welsh Government’s prosecution functions continue to grow, it is my view that it is appropriate for the Welsh Government to develop and follow its own prosecution code.

The proposed Welsh Government prosecution code will therefore provide guidance to prosecutors on the principles to be applied when making decisions about Welsh Government prosecutions. To be clear, the proposed code is based on the existing CPS code, but it has been adapted to take Welsh Government prosecution functions into account. Therefore, the proposed code does not include all of the matters that are contained in the CPS code. For example, the code does not include the threshold test that applies in respect of custody cases.

Our code does, however, include specific public interest factors that relate to Welsh Government prosecutions. For example, prosecutors will need to consider the impact of any offending on the environment. The greater the impact of the offending on the environment, the more likely it is that a prosecution is required. And prosecutors will need to consider whether there is an element of danger to the health or safety of the public. The proposed code also sets out my general power to commence prosecutions under the Government of Wales Act 2006.

As I have stated earlier, the decision to prosecute is a serious step. The proposed code is intended to ensure that fair and consistent decisions about prosecutions are made within the Welsh Government. Before I issue the code, I wish to give stakeholders and members of the public the opportunity to comment and provide their views. This will enable me to issue a Welsh Government prosecution code that is clear, accessible and fit for purpose.