7. Debate: Report of the Commission on Justice in Wales

Part of the debate – in the Senedd at 6:19 pm on 4 February 2020.

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Photo of Alun Davies Alun Davies Labour 6:19, 4 February 2020

It is certainly partly that—I don't disagree with you that the policies that have been pursued by the UK Government for the last decade or so have been absolutely destructive and have caused a level of chaos that we haven't seen in recent history.

But let me say this: we, all too often, focus in on incarceration, the process of incarceration—of sending somebody into a secure estate, to send them to prison, in order to serve a sentence or whatever. That is actually a relatively small part of what a criminal justice system should be doing, and the reason for the failure of the current system is that all the services that should support and sustain somebody, not in the system, but through the system and out of the system, are already devolved. And it is a standing indictment, to use your word, of a system, which has been delivered over the centuries, that has not delivered a single facility for women, or, up until two or three years ago, a single serious facility outside of the M4 corridor. So, we have had a criminal justice system that has not been run for the benefit of the people of Wales, has not been run to meet the needs of the people of Wales, but has been run out of Whitehall and Westminster to meet their needs at their convenience. And the people who pay the price tend not to be people who are sitting in places like this, but they're the people we represent. And I believe, if we're serious about doing this, we need to take this step and to do so with a level of urgency. 

I look at how we administer not simply the laws we pass here, but also the way in which we enforce those. Mark Isherwood makes an interesting point, but absolutely wrong. We're not, here, talking about the detection of crime, or, as you put it, the devolution of criminal activity. I think we don't need to do that. What we are looking at here is how the police are able to engage with the devolved services, and speaking to police commissioners—. I spoke to all of the police commissioners as a Minister here, and there have been changes to chief constables now, but, for most of my time in office, both the commissioners and the chief constables, and most senior officers, strongly supported the devolution of the service, because they recognised that they needed to work more closely with the devolved services and they needed to be far more closely linked with the devolved services than they were and they are at present. It is not credible to argue otherwise. And I think the work that's been done by the commission has ensured that we have both the principle and the practice of a policy.

In principle—creating a more stable settlement—I'm very, very encouraged to hear within the Labour Party that the leadership candidates are all looking, I think, now towards a federal solution, or a confederal solution, in the United Kingdom; I think that's an important step forward. The devolution of the criminal justice system has to be a fundamental part of that. A federal system can't exist without that. And what we need to be able to do, as the former First Minister put it himself, is to create the circumstances for that to happen, because—and I'll finish on this point, Presiding Officer—at the moment, we are failing people who are in prison because of their mental health, or because of substance abuse. We're not providing them with the education they require. What we're doing is locking the door and forgetting about them. That might be the approach the Brexit Party and the Conservatives wish to take, but I do not believe that that is the approach that this Parliament can or should take.