2. Questions to the Counsel General and Brexit Minister (in respect of his 'law officer' responsibilities) – in the Senedd on 15 October 2019.
1. What legal representations has the Counsel General made on behalf of the Welsh Government relating to the size of the prison estate in Wales? OAQ54520
I have not made any legal representations on the size of the prison estate in Wales myself.
Sorry, I was just struggling to hear. You said you haven't—
I haven't myself made any representations in relation to that.
Okay. I'm just asking in relation to the Queen's Speech, as we heard this week that there is going to be a movement by the UK Government to extend sentencing in the UK, and, of course, the Ministry of Justice has still not shelved plans for a supersized prison in south Wales. They may have shelved the Port Talbot plan, but the south Wales superprison plan has not been shelved. In light of the announcement with regard to sentencing that may bring this idea back on track, would you be able to make representations, in your capacity, to the UK Government to understand what their propositions are, and whether we would be able to have any input here in Wales, as we were not afforded that when they previously floated the idea of the Port Talbot superprison?
I thank the Member for that supplementary question. I, too, saw the proposals made in the Queen's Speech yesterday. I'm afraid I take the entire event yesterday as something of a political stunt in the broader context of the situation in which the Government finds itself. But on the substantive point the Member makes about the prison estate in Wales, and the possibility, as she refers, of the Baglan development in particular, she will recall that, following the issues with that proposed development, the Welsh Government issued a written statement in April of last year, indicating that we wouldn't facilitate any further prison development in Wales without meaningful discussion with the Ministry of Justice about the future estate, and that any new prison development in Wales should give due regard to the needs of Wales and should be done in full collaboration and co-operation with the Welsh Government.
I do understand that the Ministry of Justice may be pursuing sites for a new male prison in south Wales. However, we haven't had yet any further details in relation to that, but we have been pressing for those details to be provided, and we will continue to do so. But I reassure the Member that the principles set out in the statement of 6 April remain the Government's position.
There is a real crisis, I think, in terms of the secure estate in Wales. There's always a focus on large male prisons, but there's no focus at all on the nature of the estate, and the way in which particularly women and young offenders are treated within the system. Now, this is an area where we have an entirely broken settlement, where the devolution settlement prevents both the United Kingdom Government and the Welsh Government delivering any coherent or holistic policy. So, it's a matter of absolute importance that we're able, first of all, of course, to secure the devolution of these matters to enable this place to plan a system more effectively, but, more importantly, and more urgently, possibly, to ensure that we have the facilities in this country to enable women and young offenders to be held properly in secure accommodation, where that is necessary, but also to receive the services that they require in order to promote rehabilitation within that. None of those exist at the moment within Wales. Is it possible, Counsel General, for you to use your office in order to promote this case with the Ministry of Justice and to ensure that we are able to deliver holistic policy in this field?
I thank the Member for that question. With regard to the matter of the devolution of the justice system, he will know, of course, that the Commission on Justice in Wales intends to report next week, and we look forward very much to hearing what conclusions they have reached in relation to this. He will know from his own engagement with the commission that this is a matter that they have, obviously, been exploring. He will also know, of course, that the Deputy Minister and Chief Whip published the female offending and youth justice blueprints, which he of course was also engaged on in his time in Government, which seek to develop, despite the devolution settlement, innovative ways of allying the services that Welsh Government can provide with the interventions that the UK Government make. And, obviously, the focus of that is on diverting people away from the criminal justice system and supporting them in a holistic and rehabilitative way.
In relation to the point he makes about female prisoners, there is no female prison in Wales, as he obviously knows, and we do not want one. Welsh women need a safe and secure facility that is fit for purpose, whilst allowing them to maintain contact with families, and in particular with their children, where that is the case. The Welsh Government has welcomed the MOJ's plans to trial five new residential centres as part of their female offending strategy, and has already made a strong case for ensuring that at least one of those proposed centres is located here in Wales.