Access to Justice

2. Questions to the Counsel General – in the Senedd on 22 November 2017.

Alert me about debates like this

Photo of Vikki Howells Vikki Howells Labour

(Translated)

7. What discussions has the Counsel General held regarding access to justice in Wales? OAQ51336

Photo of Jeremy Miles Jeremy Miles Labour 2:42, 22 November 2017

The cumulative impact of UK Government reductions in legal aid, increases in court fees and closures of local court buildings is of great concern to the Welsh Government. The Government takes every opportunity to raise our views on these matters with the Ministry of Justice on behalf of the people of Wales.

Photo of Jeremy Miles Jeremy Miles Labour

The cumulative impact of UK Government reductions in legal aid, increases in court fees and closures of local court buildings is of great concern to the Welsh Government. The Government takes every opportunity to raise our views on these matters with the Ministry of Justice on behalf of the people of Wales.

Photo of Vikki Howells Vikki Howells Labour

Thank you Counsel General. I'd like to join others in congratulating and welcoming you to your new role.

As you've stated there in your answer, I can see you understand that the introduction of tribunal fees and continuing increases in court fees have alarmed many professionals in the sector. Alongside this, advice centres, which provide straightforward advice to people, have closed across the country. Do you agree, Counsel General, that the access of citizens to justice is a fundamental right and one that shouldn't be restricted by either income or geography. What steps can we take here in Wales to ensure that access to justice is available to all?

Photo of Jeremy Miles Jeremy Miles Labour 2:43, 22 November 2017

I do agree that access to justice is a fundamental right and I worry that the UK Government's perspective is to move to a model where justice is paid for by the users of the courts system. My view, and that of the Welsh Government, is that justice is an essential public good, which is incumbent on the state to provide, rather than expect individuals to pay for the discretionary item.

Welsh Ministers, including my predecessor and also Carl Sargeant, if I may say, expressed our opinions as a Government strongly to the Ministry of Justice on several occasions, including in relation to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and court closures and indeed the court fees issues, which she has just highlighted now.

You mentioned the employment tribunal fees case. The Supreme Court there found that the Order brought forward by the National Union of Journalists was unlawful under both domestic and European Union law, confirming a number of the points that he Welsh Government had previously made.

The Welsh Government is already in touch with the Ministry of Justice team responsible for the post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act, and that review will be crucial in providing an evidence base for looking at an impact of changes to legal aid in Wales.

The Government provides substantial funding to advice services across Wales, with the objective of delivering social welfare services to compensate, in some respects, for the cuts that you just highlighted.

Photo of Elin Jones Elin Jones Plaid Cymru 2:44, 22 November 2017

(Translated)

Thank you to the Counsel General.