The Well-being of Future Generations (Wales) Act 2015

Part of 3. Topical Questions – in the Senedd at 3:53 pm on 15 May 2019.

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Photo of Suzy Davies Suzy Davies Conservative 3:53, 15 May 2019

Well, Deputy Minister, you say that it's up to the courts to interpret this legislation, but it's also incumbent on this legislature to have made its legislative intention clear. And one of the reasons our party were not particularly keen on this Bill, as it was at the time, is that it was never clear to us how it could be enforced and, even now, those duties to which you've been referring in this exchange today—it's not clear to me quite how action can be taken against any of those public bodies should they fail in those duties, apart from judicial review, which in my view is absolutely not the easiest route to access justice for any of our constituents, actually. 

It's not the first time I've disagreed with, shall we say, a legal opinion. The judge in this case—. I don't know the specifics—obviously, I know about the closure, but I don't know the detail that was presented to support the judicial review application, so I don't know what she actually saw, but I can say categorically that, in the case of Craigcefnparc school and Felindre school in my own region, when we sought advice from the commissioner, she gave us a very, very comprehensive set of guidance and advice on how public bodies should not just observe those duties to which you refer, but how to demonstrate that they had complied with those duties, and that certainly wasn't the case with the two schools that I mentioned, which as far as I'm concerned—personal view—would probably still be open to judicial review proceedings should the local community wish to do that.

So, when we're talking about the strength of this Act, I appreciate what you've been saying about culture change, but there's a way of actually strengthening it as a legal instrument as well, and perhaps I can invite you to look at this—it's a chunky piece of paper we've had from the commissioner with this advice—to see whether it would be worth introducing secondary legislation to make some of this advice statutory, so that all public bodies—the 44 to whom you referred—will know precisely what they have to do in order to demonstrate that they've complied with these duties, and not rely on, shall we say, communities who will struggle to get money together for judicial review to push it all back into their court, on the basis that they're probably too poor to take action against poor decisions.