Part of the debate – in the Senedd at 4:24 pm on 1 December 2020.
Can I apologise if anything I raise in my contribution was already addressed in the part of the Counsel General's speech delivered in Welsh? The translation feed did not work on my device, I'm afraid.
I think this is a very useful report in analysing the operation of tribunals in Wales, and therefore will be of general interest to people, because the statistics on tribunal use can be a very good indicator of the smooth running of key public policy areas within the competence of the Welsh Government and Welsh law. I'm sure that those who have looked at the report found that part very interesting—to see the various changes in use, both up and down. There are often particular reasons for that, of course, but it's still a very good indicator.
Of particular interest to me is what the president of Welsh Tribunals, Sir Wyn Williams, has to say about recommendations 25 and 27 of the commission on justice in Wales, which the Counsel General did refer to. Recommendation 25 states that all public bodies, ombudsmen, as we still call them, and other tribunals established under Welsh law by the Welsh Government and which make judicial or quasi-judicial decisions should be brought under the supervision of the president of Welsh Tribunals, and recommendation 26 states that the Welsh Tribunals unit should be structurally independent and Welsh Tribunals should be used for dispute resolution relating to future Welsh legislation. As Sir Wyn observes, if accepted and implemented, these recommendations would substantially increase the workload of some tribunals. He notes how substantial the volume of disputes arising from health, education, housing, and agricultural law would be.
In particular, Sir Wyn cites housing legislation, where disputes currently have to be resolved by the county court. But as we know from current legislation going through the Senedd at the moment, in terms of the renting homes Bill, it will end no-fault evictions, but I think everyone who's looked at that Bill realises that to be effective law, it must allow landlords to have effective access to law when they do have cause to evict. Because we have shifted, quite rightly in my view, to a fault-based system, away from the, in effect, no-fault system that has prevailed since the late 1980s. But at the moment, access to the county courts and the expense involved and the time taken is often a very considerable deterrent. So, the Stage 1 committee report reflected on this and did indeed ask the Welsh Government to look at the concept of a housing tribunal relating to this part of housing law and dispute resolution.
So, I think that's a very clear example of how tribunals could be used more effectively, and I think we all believe that the use of tribunals in administrating public law is often very effective and allows more access to the legal system than citizens would get through the county courts. So, I do welcome the approach that's been taken, and I do commend, as the Counsel General did, this second report of the president of Welsh Tribunals. Diolch yn fawr, Llywydd.