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

Part of the debate – in the Senedd at 4:19 pm on 1 December 2020.

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Photo of Jeremy Miles Jeremy Miles Labour 4:19, 1 December 2020

Members will have had the opportunity to consider the president's second annual report, and, like me, I think, will have read it with interest. The past year has seen the Welsh tribunals operate effectively, ensuring tribunal users have continued to be able to properly access justice. The president's next annual report will, I would anticipate, reflect in more detail on the impact of the coronavirus pandemic.

There is no doubt that the public health crisis that emerged at the end of the reporting period has posed significant risks to access to justice, and, for those who would have recourse to the mental health review tribunal, the potential to infringe on their right to a fair trial. But with only some postponements, the Welsh tribunals have continued to operate, and I'm reassured in particular by the way in which the mental health review tribunal has continued to be able to dispose of cases without the need to rely on the emergency measures that are set out in the Coronavirus Act 2020, which has effectively protected the rights of patients as a result. In my opinion, the way that all those who are involved in the Welsh tribunals have responded in truly exceptional circumstances has been very impressive. 

Turning to the wider justice agenda, the second annual report comments on the commission on justice, and particularly on the recommendations concerning Welsh tribunals. Sir Wyn Williams was, of course, a commissioner himself. The Thomas commission referred to the work to be taken forward by the Law Commission into Welsh tribunals and that the Law Commission would be able to consider reform in greater detail than the Thomas commission itself could. And whilst it has been slightly delayed, I'm pleased that the Law Commission project is now under way and is likely to report in the summer of next year. 

While I'm disappointed that we're not able to report further progress than we have on taking forward the justice commission's report, the justice agenda remains a key priority for the Welsh Government. The greatest impacts on reforming the justice system lie in progressing matters that require input from the UK Government. And the reality of the current situation, of course, is that there are more immediate priorities facing both the Welsh Government and the UK Government, where the coronavirus pandemic and the approaching end of the EU transition period, of course, dominate the agenda. But there is no doubt that the response to the pandemic has actually shone a light on the very wide extent of the Welsh Government and the Senedd's competence in areas traditionally perceived, perhaps, as reserved.

If we can legislate in these areas in the context of public health, why not for other purposes that integrate justice with areas of responsibility that are already devolved? If anything, the arguments made out by the commission on justice for constitutional change and the devolution of justice have been strengthened by the exceptional circumstances we've found ourselves in over the past six months and that will continue for the foreseeable future. We will continue to progress what we can in Wales, and we will draw on our collective experiences here in Wales to seek to build consensus and support for the argument for change, to take that forward with the UK Government when the time for that is right. 

Dirprwy Lywydd, in closing, I hope Members will join me in thanking the president of Welsh Tribunals for his second annual report.