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

Part of the debate – in the Senedd at 3:31 pm on 5 November 2019.

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Photo of Mick Antoniw Mick Antoniw Labour 3:31, 5 November 2019

First Minister, this is not only an impressive report, but an incredibly impressive panel of expertise, of really world-class standing, and as one would expect from a former Lord Chief Justice, the report is almost in the form of a very incisive judgment into the state of law within Wales. And the report, I think, is of such high competence and expertise—several hundred pages—that it took the Ministry of Justice approximately 15 minutes to tweet out that they rejected its findings but they would give them further consideration, whatever that meant. And I think that probably says more about the state of justice in the UK than anything else.

I'm very much grateful for the fact that there is going to be, at the appropriate time, a full and detailed report so we can debate these things properly. So, I only want to comment, really, on the one area, and it's an area I've raised time and time again, I think, ever since I've been in the Assembly, and in all my years, really—33 years—working as a practising lawyer, working for trade unions, working for working people. And that is this: we have lost, along the way, the understanding of not only the importance of justice and the rule of law, but the importance of access to it. And this was an understanding that we had in the post-1945 Labour Government, when the 1949 Act was introduced, when Viscount Simon, when he was introducing the Act, said that what we were creating was a national health service for law, because what was understood and recognised as fundamental in any society was that the law means nothing unless ordinary people have access to it, and are empowered to access that law. So, an environment where, effectively, in the past 10 years, there has been almost a 27 per cent cut in real terms in the funding of justice-related matters, indicates how far we have lost our understanding of the importance of justice to the people. And being a legislature now means we have the opportunity to actually put those fundamental principles back at the core of the Welsh legislature and the Welsh justice system that is actually developing.

It was well understood, the consequences of this—Lord Neuberger expressed this numerous times when he was president of the Supreme Court, when he said:

'My worry is the removal of legal aid for people to get advice'.

That not only undermines the whole legal system, it leads to people effectively beginning to have disregard to the law and taking the law into their own hands. And more recently, I think the head of the Bar commission basically just referred yet again, and consistently, to the huge threat to access to justice in the country, and the impact of the cuts, particularly on the poorest and most vulnerable within our society.

The part I would like to refer to and I would like to ask you about is really the part in chapter 3, where the recommendation is made that the funding for legal aid, and for the third sector—providing advice and assistance—should be brought together in Wales in a single fund. This is something we have debated over a number of years, and I know there's work that has gone on around this, and the fact that enormous amounts of Welsh money goes into various aspects in making up these shortfalls in the justice system, to ensure that some of the most vulnerable do get support, whether it be through Citizens Advice, whether it be through Women's Aid, whether it be through the various third sector bodies. And I wonder if you would agree with me that there is an opportunity now to start the process of the creation of a Welsh legal aid system, restoring that to the core, perhaps in two parts, because, of course, the devolution of funding and responsibilities are important, and certain things can't be done until that happens. But much of the administration and bureaucracy of that system already exists, and could well be brought within the ambit of Welsh Government if the funding followed it. And, clearly, the funding in respect of legal aid functions is something that would not take great minds in order to actually transfer, but it would be the creation of perhaps a two-stage process, getting ready for that to happen now, but starting the halfway house—perhaps the quasi legal aid system now—while we pull that together. And we also recognise the important contributions that bodies like the trade unions make to the provision of legal advice and legal support—for many years, the funders of much of the legal system for ordinary working people. And what was their reward by Tory Governments in the past? The reward was basically consistent legislation that made it more and more difficult for trade unions to operate and, in fact, to recruit members. So they clearly have a part to play within this, as many other bodies do. But I think we should commit ourselves, or we should start discussing committing ourselves, to the creation of a new route to legal advice and assistance, a composite Welsh route that would be the pride of a Welsh legal justice system.