7. 6. Statement: Consultation on the Welsh Government Prosecution Code

Part of the debate – in the Senedd at 3:46 pm on 24 May 2017.

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Photo of Mick Antoniw Mick Antoniw Labour 3:46, 24 May 2017

Firstly, I thank the Member for, I think, the very important points and very thoughtful points that he has made. Of course, he’s absolutely correct about the points that are raised, actually, in the draft principles with regard to human rights. This code—although it has considerable similarities to the Crown Prosecution Service code, we did decide that because of the growth of responsibilities, and the growth of prosecution responsibilities in particular, we did need to have a Welsh code that actually reflected, I think, the nuances and some of the emphases particularly arising from Welsh legislation.

So, as well as that particular point, there’s the point that we made about the particular issues of impact on the environment, because many of our powers relate to things like the environment, food, agriculture and so on. But he’s absolutely right also, of course, that those powers are extending into a whole range of other areas as well, and we need to ensure that not only is the code effective but that the way in which it is applied is robust.

I think the point that the Member was beginning to get towards was the issue as to whether at some stage in the future there will need to be a Welsh prosecution service as opposed to the existing arrangements. That isn’t something that is intended at the moment, but it is not off the radar—it’s one of those things that, particularly in the current climate, as more powers come, as we increase legislation and as the Welsh criminal code effectively becomes more significant, we have to have considerable regard to. Of course, all of the points about the quality of evidence, the robustness of the evidence and the way in which we define the public interest, which is set out in detail in the guide, are, indeed, very important.

I think the other point he’s made is that there are other bodies, of course, within Wales. Local authorities, as he’s mentioned, are traditionally prosecuting bodies—very similar powers in respect to the Health and Safety Executive in areas within their jurisdiction. Of course, although they have their own code, I think we would hope, over a period of time, that the reliance on the Welsh code will become the basis for that. But there is obviously a lot happening—a lot in flux.

I think he mentioned also the issue of how we’re going to assess the increase. I think what we’ve started doing is to look at the numbers of cases we’ve really had over the past number of years: how they’re increasing and where they might increase, and what the challenges are for the enforcement officers and the issues there with the equipment they need, their own security and so on within certain circumstances—that’s something that I was very aware of when I went to see some of the environmental protection officers in west Wales, where they raised issues of needing the body cameras and so on, which would be of considerable assistance and I understand are now being implemented.

So, all of those are under review. It is something that I have been focusing my attention on, with the points in mind that the Member has made. It will be my intention in due course to make further statements on the record on the numbers of prosecutions, where they’re taking place, so that there is the greatest possible transparency.