7. Debate: The Second Annual Report of the President of Welsh Tribunals

Part of the debate – in the Senedd at 4:45 pm on 1 December 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 4:45, 1 December 2020

Thank you, Llywydd, I think, because of the translation—it may be an issue at my end—I'll make my remarks in English, if I may.

I thank Members for their contributions to this debate. I think it is important that we are having this debate for the reasons that many contributors have outlined, as an important step in the growing role of the Senedd in scrutinising the operation of parts of the justice system in Wales, in particular those that affect other policy areas for which we are responsible through the devolved settlement in Wales.

A number of the speakers, starting with David Melding, made the point about a need for a sort of rationalised approach, if you like, to the work of the tribunals overall, and the importance of the independence of the tribunals. Mark Reckless and Dai Lloyd also made similar points. And I would want to associate myself with the statement that Mick Antoniw made when he was Counsel General, underlining the Government's commitment to the independence of the tribunals here in Wales. It is, of course, an essential principle. I joined the First Minister in his recent meeting with Sir Wyn to hear Sir Wyn's thoughts about how that might develop into the future, and it's certainly the ambition of the Government for the structures that we have in place to serve the work of the tribunals to become more independent over time. I think an important milestone in that journey will be the report of the Law Commission next summer, which is designed specifically to look at the overall operation of the tribunals system in Wales—questions of appointment, organisation and so on. So, they will be important considerations in how we make sure that we shore up the independence of tribunals in Wales.

A number of speakers made the point about the growing visibility, the growing recognition, if you like, of the body of administrative justice in Wales, which has a very significant impact on the daily lives of citizens right across Wales in very meaningful ways. There's a growing understanding and discussion of it here in the Senedd, in the world of academia, but also, most importantly, in the practical business of getting remedies for people. And both David Melding and Jenny Rathbone had suggestions about that how could be enhanced even further into the future.

I just want to echo the point that Dai Lloyd made in his contribution around the importance—the significance, rather—of the fact that the tribunals system has maintained its capacity to deal with issues, even against the backdrop of coronavirus. I think there have been a very, very small number of hearings that have been postponed because they may need physical visits to land, for example, and none of those, as I understand it, are envisaged to have particular impact on the case. So, I think that's testimony to the innovation and flexibility that the tribunals system has shown in the last few weeks and months as a consequence of COVID.

Obviously, I disagree with Mark Reckless's point about the journey that lies ahead, but would very much want to associate myself with the points he made about the appreciation that we should show to all people who've participated in the tribunals system over the last year in the report.

I think Mick Antoniw's remarks, just to close, are the guide for us here. It is important that we have this debate here in the Senedd not just because the work of the tribunals touches on policy for which we are otherwise responsible, but also as part of that growing responsibility in the field of justice that many, if not most of us, wish to see. And I think part of that role, which Mick described as a more proactive role, is discharged by having these kinds of debates and bringing the work of the tribunals system into the mainstream of our thinking and considerations here in the Senedd.