3. Statement by the First Minister: Report of the Commission on Justice in Wales

Part of the debate – in the Senedd at 2:50 pm on 5 November 2019.

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Photo of Mark Drakeford Mark Drakeford Labour 2:50, 5 November 2019

The most striking finding, it seems to me, there, in the very first paragraph of the report, is that the people of Wales are being let down by their justice system. That is the commission's unambiguous conclusion. And I think that we should not underestimate the significance of that finding. A fair, effective and accessible justice system is a cornerstone of freedom and of democracy. It is, or it should be, non-negotiable. We should not allow ourselves to become accustomed to, still less to accept, embedded failures to meet those standards.

Llywydd, let me pick out some specifics from the report. Proper access to justice, it says, is not available. In many areas of Wales, as the question from Joyce Watson suggested earlier this afternoon, people face long and difficult journeys to their nearest court. There is a serious risk, the report says, to the sustainability of legal practice, especially in traditional high-street legal services. And all this at a time when, as the report says, Wales has one of the highest prison populations per head in western Europe, even though the evidence is that robust community sentences achieve better outcomes in so many cases. Meanwhile, the number of prosecutions is falling. We lack facilities for women offenders and there are too many gaps in Welsh language provision. Llywydd, it is the cumulative nature of the conclusions that makes them so additionally compelling.

Now, the challenge they pose will not be overcome without a change in the respective roles of Westminster and the devolved institutions, as well as in professional practice in the very many different facets of the justice system. In a key finding, the commission tells us:

'We do not see how it is possible to carry out the changes that are needed in a way that provides a practical long-term solution and makes a real difference to the people of Wales', without substantial devolution of justice functions. Justice, as the report says, is not an island, and the decisions about how the system should operate need to be aligned with other social and economic priorities. And, as the authors say, there needs to be clear and democratic accountability for the way in which the system operates in Wales. This central finding is consistent with the long-standing position of the Welsh Government, reaffirmed most recently in our paper, 'Reforming the Union', published only last month.

Now, in the past, Llywydd, we have often argued this from a constitutional standpoint—that a nation that makes and executes its own laws ought also to police them, in the broadest sense of that word. But what this report tells us is that there are real practical challenges that flow from the division of responsibilities between Westminster and Wales. How, then, are the recommendations of the report and its many other proposals to be taken forward? Well, as Members will know, within less than a week of the report's publication, a general election has been called. This means that there is an unavoidable hiatus in our ability to open a dialogue with the UK Government, but that discussion will need to begin as soon as we have a Government again in office.

In the meantime, that does not prevent us, of course, from focusing on those aspects of the report that fall to many justice actors here in Wales. To provide just one example, Llywydd: the report challenges Wales's excellent law schools to work more effectively together to recognise the place of Welsh law in legal education and to ensure teaching materials are available in both languages. And the report, of course, also reflects on the history of the Welsh Government involvement during the whole of the devolution era in criminal justice matters and makes proposals for the future.

Indeed, one thing that I think many readers will find a surprise is the estimate that 38 per cent of the total justice expenditure in Wales already comes from the Welsh Government and Welsh local authorities, and this despite our very limited role in formulating policy and ensuring that those funds are spent beneficially and in a way that is consistent with our priorities.

So, the commission is clear that there is much more that needs to be done, and where the recommendations in the report fall to the Welsh Government to deliver, we will now look to take them forward. And this afternoon, I wanted to give just three brief examples of how we will go about that important work.

The commission calls on the Welsh Government to provide fully funded legal apprenticeships as a new pathway into the profession, a pathway that may particularly help people who might choose to practice in parts of the country where there are now too few practitioners to be found. We will now work with the professions to explore how best to do this, building on the higher apprenticeship options we already have in probate and conveyancing here in Wales.

Secondly, the commission also calls for the creation of a law council of Wales to promote the interests of legal education and the awareness of Welsh law. That is not something that the Welsh Government can do alone, but we will take the initiative to support its establishment and to get that council started on its important work.

And as an immediate response to the commission’s call for investment in technological development, Members may have seen that funding of £4 million has been put towards a new legal innovation lab to be housed at Swansea University.

Finally, Llywydd, in response to the commission’s call for a strengthening of leadership within the Welsh Government on justice matters, I have decided to establish a new justice committee of the Cabinet, and that is a Cabinet committee that I will chair. This committee will be responsible for taking forward these recommendations, the ones that fall to the Welsh Government, and to oversee discussions with the new Government at UK level.

Llywydd, as I said in opening, the report will need fuller discussion and broader discussion than we are able to give it this afternoon. But the Assembly will rightly want to know of progress that is being made, so I can provide an assurance this afternoon that, as a first step, the Government will bring forward a debate on the report in the new year. In the meantime, let me once again thank the commission for all their work and for the product of that work, this landmark report, which I want to welcome here this afternoon.