The Thomas Commission

3. Questions to the Counsel General and Minister for European Transition (in respect of his 'law officer' responsibilities – in the Senedd on 1 July 2020.

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Photo of Alun Davies Alun Davies Labour

(Translated)

7. Will the Counsel General make a statement on the implementation of the recommendations of the Thomas Commission on Justice in Wales? OQ55377

Photo of Jeremy Miles Jeremy Miles Labour 12:40, 1 July 2020

Well, responding to the coronavirus pandemic has, I'm afraid, inevitably affected the pace of work to implement the Thomas commission recommendations. We nevertheless continue to make progress, pursuing those recommendations within our areas of responsibility and continuing to make the case for change to the UK Government, which has committed to discussions both at ministerial and official level.

Photo of Alun Davies Alun Davies Labour 12:41, 1 July 2020

Presiding Officer, I'm very pleased to hear that from the Counsel General, and to hear that the Welsh Government are at least seeking to make progress on this matter, in the most difficult of circumstances. But, of course, it is these most difficult of circumstances that demonstrate the necessity of moving quickly on this agenda. We have seen how the Welsh prison population has been the worst affected across these islands by COVID-19, that the current structures—although some people may believe this is an academic conversation—have real-life impacts on people, and people are suffering today, both within the current prison population, but also the wider population who've been through the criminal justice system, because of the failures of the system. The Thomas commission couldn't have been clearer that we require urgent change to this system to make it fit for purpose to serve the interests of people across the whole of this country. I hope that the Minister will be able to continue making this case, and I hope he and other Ministers will also be able to demonstrate the impact of the failure of the UK Government to recognise these matters on people in the middle of this pandemic crisis.

Photo of Jeremy Miles Jeremy Miles Labour 12:42, 1 July 2020

I thank Alun Davies for the question. There have been aspects of progress; I want to reassure him in relation to that. So, the Civil Procedure Rule Committee have recently agreed to make it compulsory, for example, for cases against Welsh public bodies to be heard in Wales, where there was challenge to the lawfulness of their decisions. And I was also very pleased to see that the Solicitors Regulation Authority have committed now to make the solicitors qualifying examination qualification available in Welsh. Both of those are recommendations of the Thomas commission. Whilst important, I'm not suggesting they are the central recommendations, obviously, but just to demonstrate that, where progress has been possible, we have been pursuing that, together with our partners.

On the larger point that he makes in relation to what we have perhaps learnt in the last few weeks in particular about the impact of the nature of our devolution settlement in justice on outcomes, which is fundamentally the most important case to make, I think it does demonstrate the shortcomings of the current arrangements. And whereas public bodies in Wales have done their utmost, I think, and their level best, to work together in extraordinarily difficult circumstances, I do think those have been to some extent hampered in this space by the nature of our devolution settlement. And I made that point to the Lord Chancellor in a recent discussion with him; I know he also is focused on outcomes. And some of those practical points around the prison population in particular—that conversation that I had with him, together with the First Minister and the Chief Whip, also explored the establishment of the first residential women's centre in Wales, for example, so, hopefully, again, making practical progress in some of those areas. But I would certainly echo the larger point that he makes about what we've learnt about the devolution settlement in the last few weeks and months.

Photo of Elin Jones Elin Jones Plaid Cymru 12:44, 1 July 2020

(Translated)

I thank the Counsel General.