1. What representations has the Counsel General made on behalf of the Welsh Government in relation to the litigation case against the Department for Work and Pensions for the alleged mishandling of raising the state pension age for women born in the 1950s? OAQ54098

The Welsh Government did not intervene in the proceedings themselves as we do not currently see a statutory basis to do so. Before the hearing, we had expressed our concerns to the UK Government about women who have had their state pension age raised without effective or sufficient notification and our position has been acknowledged by the Secretary of State for Work and Pensions in correspondence.

I thank the Counsel General for his reply. No doubt, he was as disappointed as I was in the response that was received, and I know that we're very grateful on the opposition benches for the fact that the Government shared that response with us. 

With regard to the litigation, if we do end up in a situation of appeal, which seems likely if the court finds in favour of the women, can I ask the Counsel General to look again at whether or not it may be possible for the Welsh Government to take some part in that litigation? I would suggest to him that the grounds for that may be the overall impact on the Welsh economy of those women not being provided with the funds that they had the right to expect. I think it might be more complicated to try and make the case around the impact on Welsh public services of, for example, women having to continue to work in roles for which they're no longer physically fit because of these changes, but I think the impact on the economy ought to be considered. And if he does reconsider and comes to the conclusion he's unable to make such representations, will he undertake to publish the basis for that advice, so that the women who are hopeful of getting more concrete support from the Welsh Government, though they very much appreciate the Welsh Government's support in principle around this non-devolved matter—? It would be useful to see, if he is unable to take any concrete action, on what basis he's come to the conclusion that he cannot do so. 

I thank the Member for that supplementary question. I had the benefit of her having made that argument in the Chamber a few weeks ago, and I reflected further in light of that on whether it affected my judgment on this question. And I'm afraid it still remains the case that I see no statutory basis for that power to intervene that she is inviting me to exercise, unfortunately. My officials have, however, been in touch with the court to ascertain the arrangements for the judgment being handed down, and, as of yet, as of our most recent communication, no date has yet been fixed for that.

But I would like to reassure her that we do keep the progress of litigation under review, and, equally, I would just like to make it clear that, though I don't see a statutory basis for the Counsel General to intervene in the litigation itself, that does not mean that there isn't a basis on which Welsh Ministers can and can continue to make representations to the UK Government. And, indeed, since the response from Amber Rudd, which the Deputy Minister and Chief Whip has circulated to Members, she has indeed responded to that letter, as I'm sure Members generally will feel that it was a wholly inadequate response to a very serious attempt to engage with the UK Government and to make representations on behalf of women in Wales for reasons of personal injustice and from the broader perspective that the Member reflects in her question. And Jane Hutt, in that letter, identified the ongoing injustice that women feel—women who have often experienced gender inequality throughout their lives, both as workers and as carers—and pointed out very straightforwardly that the response from the UK Government in seeking to point people towards employment opportunities in later life failed entirely to reflect the realities of these women's lives in many cases. And I also know that there has been correspondence since then between the First Minister and the UK Government. So, I will just be clear that we continue to make representations, within the bounds of our competence, on behalf of women in Wales affected by this serious injustice. 

Thank you, Counsel General, for that answer, because you and I both attended the rally in Port Talbot, at which women actually expressed their frustration and anger at that response that had been received by the Welsh Government, which was one that basically, to my view, was disgusting and should not have been written by such a Secretary of State, reflecting their discourteous approach. They had contempt for the women in that response and it was unacceptable. But, as Helen Mary pointed out, I actually think you can look at the public services agenda on this, because the services that are required by these women as a consequence of them not being able to retire, not being able to take up the care services or the caring facilities they'd offer to their grandchildren or to older parents and so on— this will fall back on the Welsh Government. So, have you done a legal analysis of the funding of the additional services, and the accountability for that funding, because that is going to put additional pressures upon the Welsh Government budget, as a consequence of a decision by the UK Government, with its failure to actually consult with those individuals and to give them sufficient notification to be able to take on on the implications of the pension changes? And, therefore, will you look carefully at that to see what you can use as a lever to get into this argument, particularly as it means the Welsh Government have to now take care of responsibilities that the UK Government is forcing upon them?

The Member is right, as is Helen Mary Jones, to describe the broader impact of the changes for women themselves, but also on the Welsh economy and Welsh public services. I have taken that into mind when looking at the powers of the Welsh Government in this regard. I just want to reassure the Member that, whilst it is the Counsel General's role to ensure the Welsh Government operates at all times within its competence, it's also his role or her role from time to time to make sure the Government is operating to the limits of its competence in order to stand up for the people of Wales. I have done that in this analysis, and I will continue to do that.

Counsel General, as a WASPI woman myself, I can tell you that I was never informed of the changes to my pension, and I only found out from an off-hand comment by a friend. My case is far from unique, and hundreds of Welsh women are in the same boat. I was also at the Port Talbot meeting, along with yourself and David Rees. That meeting was testament to how many people were there. We received no letter, no information pack, no explanation. So, Counsel General, will you be the voice of Welsh women who were let down by the Department for Work and Pensions and the UK Government? Diolch.

I thank the Member for giving that personal reflection of her own experience, which I think reminds us that these are individual experiences, as well as parts of a broader campaign and a public movement, if you like. I should also acknowledge that Dai Lloyd was also at the event on Saturday a few weeks ago. And I can give the Member the reassurance that we will take every step we can within our powers, and continue to make representations on behalf of Welsh women.

Counsel General, yesterday I met with representatives of Women Against State Pension Inequality, who stoically and resiliently continue to campaign on this critical issue. What assurances further to what you've already given us can you give that the Welsh Labour Government, in its capacity, will continue to make every legal representation possible and continue to press the case to the UK Tory Government, who alone have the capacity to rectify this obvious injustice and, in doing so, could take thousands of women out of poverty, narrow the gender inequality gap and enable women, as has been said, to live the lives that they have always planned?

I thank the Member for that further question. As I mentioned earlier, my colleague Jane Hutt has written subsequently to the UK Government and echoed the points made in her earlier correspondence in relation to the evidence and the findings of the UN special rapporteur on extreme poverty, Philip Alston, but also pointed the UK Government towards the findings of the Institute for Fiscal Studies paper, which quantifies in economic terms the impact of this injustice on women who are affected by it. And I will speak to Jane Hutt and ask her if she will be prepared to share that correspondence, as she has the previous correspondence, so that Members can see fully what representation—she's helpfully indicating that she's prepared to do that—so that Members can see fully what correspondence we engaged with on this important matter with the UK Government in the course of making our representations.