Questions Without Notice from the Party Leaders

Part of 1. Questions to the First Minister – in the Senedd at 1:54 pm on 13 February 2018.

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Photo of Carwyn Jones Carwyn Jones Labour 1:54, 13 February 2018

On the swift change, that is a matter, of course, for the UK Government, but we would urge them to follow the recommendations in the report. We've tended to focus on what this would mean for the courts, the probation service and also, of course, the issue of the jurisdiction, which has been well debated in this Chamber. But, of course, if we look at the justice system, we have to develop a Welsh penal policy—something that we've never had before and something that we'd have to start from scratch. So, all these things have to be examined carefully as we look at the potential devolution of justice.

The jurisdiction point, to me, is unanswerable. This is the only jurisdiction anywhere in the world—common law jurisdiction—where there are two legislatures in the same jurisdiction. It makes no sense. I know people out there are not exactly rioting on the streets on this issue, but it makes no sense from a legal perspective. It means that people are misled when they look at the law. Some people believe that when a Bill is titled—and Simon Thomas brought this to the Chamber a few months ago—'this is the law of England and Wales'—. But it doesn’t apply in Wales. It causes confusion, it makes no sense, and it’s always been the case that where a legislature acquires primary powers, the jurisdiction always follows. That’s one issue, but then, of course, we get on to, ‘What should a Welsh penal policy look like in the future?’