1. What assessment has the Counsel General made of the work of the Commission on Justice in Wales? OAQ51888

The First Minister has established the Commission on Justice in Wales to provide an expert, independent, long-term view. It has started work and has issued a call for evidence. I urge everyone with an interest to contribute.

A month into his appointment as Lord Chief Justice, Lord Thomas gave a lecture in which he said that European lawyers looked at England and Wales with admiration of our legal system for its independence, for its professionalism and for the fact that it has been the essential underpinning of our democratic way of life, and our general prosperity for hundreds of years. While many of us recognise the logic of jurisdiction following legislature and know that our present position is anomalous, does the Counsel General agree that the commission offers the right approach to ensure careful consideration and a degree of caution before seeking to separate or distinguish ourselves from a shared jurisdiction as successful as Lord Thomas described? 

The Member acknowledges that the issue isn't straightforward. There are divergent views on this issue. He will be aware of the Welsh Government's position, as set forth in the Government of Wales draft Bill that itself put in the public domain. It is perfectly evident that being the only legislature that we can think of that does not have its own jurisdiction poses very significant challenges, and very significant constraints on the exercise of the devolved powers that we have, and in fact has shaped the devolution settlement in a way that is not helpful to the people of Wales. Had we had different jurisdictional arrangements, then some of the limitations that we face would not be in place and we would be able to use our powers more broadly and, perhaps, more effectively in some areas. So, I think it has to be seen against that backdrop. 

There are many ways of ensuring that we maintain the current dependability, reliability and reputation of the jurisdiction that we exercise here in Wales, as well as that exercised in England. None of that is imperilled by a distinct or separate jurisdiction, and I think part of the journey that we're on in this commission is to explain and consider that in a way that is expert and independent, and underpins a better understanding amongst people in Wales of the virtues of having a distinct and, in due course, a separate jurisdiction.   

The First Minister has said that he wants a different justice system for Wales, in an answer given over the past few weeks, but the Government policy isn't clear on new prisons here in Wales. The First Minister tends to be more willing to accept that than the new Minister, Alun Davies. What discussions has the commission had in the context of the fact that, if there were to be a new prison here in Wales, and if there were to be more demand for more prisoners from outwith Wales to go to that prison rather than prisoners from Wales itself, how could we create a uniquely and inherently Welsh policy in the context of the fact that people from various different areas of Britain would be coming to prisons in Wales?

I noted the content of the debate that Jenny Rathbone brought forward in the past few days, and the Member's contribution to that debate in that context. The commission has sought evidence from people in the context of the criminal justice system, and I would urge the Member, and others, to contribute to that. The Cabinet Secretary, in his response to the debate, said how important it was to have a criminal justice system that suited the needs of the people of Wales, and to note the particular needs of prisoners in Wales. The example given was that there wasn't a women's prison in Wales, and that we needed a completely different policy for Wales, rather than the one being followed by the Government in Westminster. So, I hope that there will be developments in that field from that point of view, and certainly from the point of view of prisons, that we need a specific long-term policy for the needs of Wales.