3. What discussions has the Minister had with the UK Government about widening access to justice in a post-Brexit Wales? OAQ54955

The Commission on Justice in Wales found that proper access to justice is not available in Wales, and that it can only seriously be addressed by transferring authority for justice to Wales. Brexit will diminish access to justice further, for example by denying the people of Wales access to the Court of Justice of the European Union and recourse to the EU's charter of fundamental rights.

Thank you for that answer, Counsel General. It's very important that we have an understanding of some of the changes that are likely to take place now in the post-Brexit environment. It is very clear that we will not have the fundamental protections of the European Union in respect of employment rights. Already, there are very many adverse consequences to what may happen with regard to employment legislation. The UK Government has indicated that it intends to abolish the Human Rights Act 1998. It also intends to abolish or to restrict the ability of judicial review in terms of Government actions. It has also indicated that it wants to interfere with the independence of the judiciary by changing the appointment system for judges.

All these have very significant consequences in terms of undermining the rule of law, and that makes your particular point about losing, I suppose, the jurisprudential umbrella of the European Court of Justice very significant indeed. Do you agree with me that, perhaps, one of the ways forward now is not only with regard to the devolution of justice functions, but that we need to actually look at ways in which we can empower our own citizens in Wales, and we need to look at the creation of a Welsh legal aid, advice and assistance scheme that stands on its own merit within Wales to empower citizens in this new world that we are likely to face?

I thank the Member for that important supplementary question. I know that he will share my dismay that the withdrawal agreement Bill no longer contains the protection on EU-derived workers' rights that was in the previous Bill, without any rational or reasonable case being made for that change. In the context of a UK Government seeking to press ahead with a radical deregulatory agenda, I know that he will share my concerns about what that means in practice. He mentions the Supreme Court, we saw of course the decision in the Unison case where the UK Government sought to limit access to employment tribunals, and I was very pleased with the Supreme Court decision in relation to that.

On the specific question that he raises of legal aid and legal advice, the Thomas commission proposes, very interestingly, I think, that the funding for legal aid and for third-sector advice should be brought together in Wales in a single fund under the strategic direction of an independent body. I think that's a very significant recommendation for the commission to make. Obviously, as with many other of those recommendations, we will be giving that careful thought in terms of how we present our position to the UK Government.