Part of the debate – in the Senedd at 4:34 pm on 1 December 2020.
Llywydd, earlier this year I had the honour to chair the Legislation, Justice and Constitution Committee to lead the scrutiny of the president of Welsh Tribunals, Sir Wyn Williams, on his second annual report, and it was an honour because it was a historic session. It was the first time in Welsh history that a committee of this Senedd, the Welsh Parliament, had been able to scrutinise the operation of that part of the justice system that is devolved to the Senedd since the establishment of the Council of Wales in 1571 by Edward IV, and since the abolition of the Welsh courts, the Great Sessions, in 1830. It is important because it represents the emergence of a renewed Welsh judicial system and legal jurisdiction, and it accompanies other legal and constitutional changes that are emerging in Wales and in the UK in the light of our departure from the European Union, and presents real challenges for Welsh Government in the development of the administration of our courts and tribunals system. These predominantly relate to accessibility, the independence of the appointment and operation of those judicial and quasi-judicial functions, and the administration of justice.
Now, as the committee scrutinising these functions, we are very aware of the dysfunctionality of our current judicial arrangements. UK legal aid is very limited, and in recent years has been decimated, leaving most Welsh citizens and communities with minimal access to justice, other than the single advice fund provided by the Welsh Government and administered by Citizens Advice Cymru. In many other important areas of social policy, Welsh Government is not currently the responsible Parliament, yet many relevant parts of the judicial system remain in the hands of Westminster under the auspices of an England and Wales jurisdiction. Courts have closed across Wales, so the concept of justice for people administered in the communities in which they live has become a thing of the past. Proposals by the UK Government to enable it to bypass the courts and to breach international obligations also undermine the integrity of the rule of law and our judicial systems. The administration of justice in Wales must not become a power struggle between Westminster and this Parliament, but should rather be based on the best system of the administration of justice for the people of Wales and a recognition of the integral relationship that exists between the legal system and social policy.
Turning more specifically to Sir Wyn Williams's report, there are a number of issues that will need to be pursued in the next Senedd. The operation of the Welsh tribunals and the role of the president are at the core, so I very much support the focus of his report on these areas, the need for a unified system under the supervision of the president, and the independence of the system for Government. The work of the Law Commission to address these issues is long overdue and vitally important in ensuring the development of our Welsh judicial system, and that it is based on sound principles that will provide a foundation based on the principles of natural justice and the rule of law. Key to this is the point made by Sir Wyn Williams in the report that it is important that the Welsh Government begins to formulate its own proposals about the future role and development of the presidency within this context. And he says this so that the Law Commission is given as much assistance on this issue as is possible.
Now, where the public ombudsman fits in within these considerations is also something that needs to be addressed. I believe also, in the next Senedd, that it is vital that the Welsh Government establish a Minister for justice. The view that this is dependent on the further devolution of justice is not, in my view, justified. We need a voice in this Parliament to speak up for the justice system as it operates in Wales as a whole, devolved and non-devolved. Such a Minister would address the current dysfunctional interface between devolved and non-devolved functions. Justice and injustice, as we know, have no boundaries, and I believe that this would begin to address recommendation 61 of the Thomas commission that
'Clear and accountable leadership on justice in the Welsh Government must be established under the current scheme of devolution'.
Lord Thomas called for a co-ordinated leadership through a single Minister or Deputy Minister in the Welsh Government with the oversight of all justice matters, and that the Senedd should take a more proactive role in the appropriate scrutiny of the operation of the justice system. Llywydd, this is the process that we have launched today with the discussion of this historic annual report. Thank you, Llywydd.