2. What steps is the Welsh Government taking to protect the human rights of Welsh citizens? OAQ54770

Llywydd, we will commence the socioeconomic duty set out in Part 1 of the Equalities Act 2010. We will implement the recommendations of our gender equality review, and we will bring forward a social partnership Bill—all steps to help protect the human rights of Welsh citizens.

Thank you for your answer, First Minister. My constituents are having their human rights eroded by South Wales Police, mainly their article 8 rights. Liberty and the Electronic Frontier Foundation argue that the widespread use of facial recognition technology, employed by South Wales Police, clearly contravenes the right to privacy afforded by article 8 of the Human Rights Act 1998. The Court of Appeal has granted Ed Bridges leave to appeal against its use, and Lord Justice Singh has stated that the case has a real prospect of success.

South Wales Police continue to use automatic facial recognition, despite the fact that it has been shown to be inaccurate, to provide false positives, and that the algorithms used display racial bias. On Saturday, AFR will be employed during the Wales-Barbarians match at the Principality Stadium. So, First Minister, will you call upon South Wales Police to stop using this technology against Welsh citizens until such time as the Home Office can safeguard our article 8 rights and ensure the software used is accurate and free of racial bias?

Llywydd, I think the points the Member makes are important ones, because it is right to have a debate about this matter, and there are important points to be made on both sides of the debate, as we have seen it emerge so far. And I'm glad to see that this will be tested further in the courts, and that leave to move to the next stage in the courts has been granted. But I'm also aware that South Wales Police have not taken the steps they have lightly, that they themselves have a very lively debate about the ethical and practical issues that surround automatic face recognition. I think that's a very important debate for us to have. On the one side, there are the arguments that say that automatic face recognition can help to keep us all safe, particularly in large-scale events, such as major rugby matches, where the potential for bad things to happen cannot be ignored. On the other hand, there are the concerns that the Member has articulated this afternoon, and they equally deserve to be taken seriously and to be tested. And the courts now will be the place where that is debated and resolved.

Strengthening the human rights of Welsh citizens in a post-Brexit scenario is, of course, essential. But I'm wondering if you've given further thought to the human rights of the minority of Welsh citizens who will be regarded as neurodivergent? Do you think the time has come for equalities legislation to regard neurodiversity as a protected characteristic in its own right?

Llywydd, I'm aware of the debate about it, of course; it's not a concluded debate. I don't think myself we have got to a point where there is a sufficient consensus in the different communities that would have an interest in this to conclude that we have reached the moment where characteristics could be broadened to include neurodivergent individuals. But it's a debate that is very different today than it was only a couple of years ago—more information emerges, more people add their voices to that debate. I think it's absolutely right that we should have that discussion. As I say, my own understanding of the current state of discussion is that there is not yet a consensus around that issue that would put it on a par with the other protected characteristics that we already have in legislation.