Promoting Social Justice through Legislation

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 30 June 2021.

Alert me about debates like this

Photo of Jack Sargeant Jack Sargeant Labour

(Translated)

1. What discussions has the Counsel General had with the legal sector on ways in which social justice could be promoted through legislation? OQ56672

Photo of Mick Antoniw Mick Antoniw Labour 2:20, 30 June 2021

Thank you, Jack Sargeant. I have regular discussions with the legal sector on a range of matters, including legislation relating to justice.

Photo of Jack Sargeant Jack Sargeant Labour

I thank the Counsel General for that answer, and I'm very grateful for your obvious commitment—and long-standing commitment—to social justice. In your conversations with the legal profession in Wales, what references have been made to the legal aid cuts, and do you agree with me that the UK Government cuts mean it is far harder for most people, particularly working class people, to get justice in Wales and across the whole of the UK? And will you also, Counsel General, agree to meet with me and with my office to discuss this issue further?

Photo of Mick Antoniw Mick Antoniw Labour 2:21, 30 June 2021

Well, first of all, yes, I will be happy to meet with you and any other Members in respect of the issue of access to justice and the issues around legal aid. It's an issue which in previous Senedd sessions I've spoken on, and, of course, is a matter that very much engages the concerns, I think, of the judiciary and also of the Thomas commission. When legal aid was introduced in 1948, Viscount Simon, presenting the report, described it basically as an NHS of legal advice and support for the people. He said:

'I therefore commend this Report to the House with this simple reflection, that whatever the difficulties may be in the way of poverty, no citizen should fail to get the legal aid or advice which is so necessary to establish his or her full rights. I hold...that this is an essential reform in a true democracy'.

And I think that comment stands as much today as it did when NHS was in. What is unfortunate, I think, in some ways, is that the ethos of the purpose of legal advice and support is being reduced to an issue of cost rather than it is about fundamental empowerment of people within a democracy. This is an issue that's been raised. Lord Neuberger as president of the Supreme Court raised this particular issue, and basically said that:

'Cutting the cost of legal aid deprives the very people who most need the protection of the courts of the ability to get legal advice and representation.'

And another Supreme Court judge in 2018, Lord Wilson, said that:

'Even where it is required to continue to provide free legal aid, for example to defendants to criminal charges and to parents threatened with the removal of their children, the UK is dismantling it indirectly by setting rates of remuneration for the lawyers at levels so uncommercial that, reluctantly, most of them feel unable to do that work. Access to justice is under threat in the UK.'

And it has been for some time, and you only need to look at the figures over the past decade. In 2011, the real terms value of spending on legal aid in Wales was £128 million; the amount of spend on legal aid now is £80 million—a 37 per cent reduction. A reduction, in fact, compared with a 28 per cent reduction in England, and I think what that does is reflect the actual demand for legal support in Wales has not been so much within the criminal field, but it's been very much within the social arena. Effectively, we have now advice deserts. Welsh Government has invested enormous amounts of money—

Photo of David Rees David Rees Labour 2:23, 30 June 2021

Minister, I do ask my colleagues to be brief in their questions; I will also ask Ministers to be brief in their answers as well, please. 

Photo of Mick Antoniw Mick Antoniw Labour

Thank you for that, Deputy Presiding Officer. I think, then, I'll just conclude on that particular question by basically saying that the advice and support that's put forward by Welsh Government is an attempt to repair the gap that exists at the moment, but certainly an unsatisfactory repair.

Photo of Mark Isherwood Mark Isherwood Conservative 2:24, 30 June 2021

Too many disabled people continue to suffer social injustice because of the barriers to access and inclusion placed in their way at all levels of society. On 24 February this year, the Senedd voted in support of my Member's legislative proposal for a British Sign Language—or BSL—Bill. As a member of the cross-party group on deaf issues in the Senedd since 2003, and as chair of the cross-party group on disability in previous Senedd terms, this is an issue I've long been involved with in both north and south Wales. My proposed Bill would make provision to encourage the use of BSL in Wales, and improve access to education and services in BSL. As you know, however, the vote here in February only noted my legislative proposal, and a Bill therefore needs to be successfully proposed in this Parliament so that legislation can go forward, commencing with a wide public consultation. What discussions have you had, therefore, or will you have with the legal sector on ways in which the objectives of my proposed Bill could be promoted through legislation?

Photo of Mick Antoniw Mick Antoniw Labour 2:25, 30 June 2021

Thank you for the question. Obviously, the issue of individual Members' legislation is a matter for you, and it's a matter for the Senedd. What I'm keen to do is to actually have discussions with the legal profession collectively about the way in which we are able to actually provide the advice and the support that give support to our communities, all those who are actually the most vulnerable and in need. And I'd also draw your attention to the fact that it's the Conservative Government's proposals that, effectively, have excluded legal aid from all those issues of welfare and social areas that used to exist many years ago that now would probably be the substance of support to some of the objectives that you actually have. But I'm more than happy to have further discussions on that issue.

Whoops! There was an error.
Whoops \ Exception \ ErrorException (E_CORE_WARNING)
Module 'xapian' already loaded Whoops\Exception\ErrorException thrown with message "Module 'xapian' already loaded" Stacktrace: #2 Whoops\Exception\ErrorException in Unknown:0 #1 Whoops\Run:handleError in /data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/vendor/filp/whoops/src/Whoops/Run.php:433 #0 Whoops\Run:handleShutdown in [internal]:0
Stack frames (3)
2
Whoops\Exception\ErrorException
Unknown0
1
Whoops\Run handleError
/vendor/filp/whoops/src/Whoops/Run.php433
0
Whoops\Run handleShutdown
[internal]0
Unknown
/data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/vendor/filp/whoops/src/Whoops/Run.php
    /**
     * Special case to deal with Fatal errors and the like.
     */
    public function handleShutdown()
    {
        // If we reached this step, we are in shutdown handler.
        // An exception thrown in a shutdown handler will not be propagated
        // to the exception handler. Pass that information along.
        $this->canThrowExceptions = false;
 
        $error = $this->system->getLastError();
        if ($error && Misc::isLevelFatal($error['type'])) {
            // If there was a fatal error,
            // it was not handled in handleError yet.
            $this->allowQuit = false;
            $this->handleError(
                $error['type'],
                $error['message'],
                $error['file'],
                $error['line']
            );
        }
    }
 
    /**
     * In certain scenarios, like in shutdown handler, we can not throw exceptions
     * @var bool
     */
    private $canThrowExceptions = true;
 
    /**
     * Echo something to the browser
     * @param  string $output
     * @return $this
     */
    private function writeToOutputNow($output)
    {
        if ($this->sendHttpCode() && \Whoops\Util\Misc::canSendHeaders()) {
            $this->system->setHttpResponseCode(
                $this->sendHttpCode()
[internal]

Environment & details:

Key Value
type senedd
id 2021-06-30.3.371088
s representations NOT taxation speaker:26172 speaker:26126 speaker:26204 speaker:26204 speaker:26204 speaker:26204 speaker:26144 speaker:26144 speaker:26144 speaker:26153 speaker:26153 speaker:26153 speaker:26153 speaker:26175 speaker:26214 speaker:26214 speaker:26214 speaker:26156 speaker:26150 speaker:26150 speaker:26150 speaker:26146 speaker:26239 speaker:26237 speaker:26166 speaker:26166
empty
empty
empty
empty
Key Value
PATH /usr/local/sbin:/usr/local/bin:/usr/sbin:/usr/bin:/sbin:/bin
PHPRC /etc/php/7.0/fcgi
PWD /data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/www/docs/fcgi
PHP_FCGI_CHILDREN 0
ORIG_SCRIPT_NAME /fcgi/php-basic-dev
ORIG_PATH_TRANSLATED /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/section.php
ORIG_PATH_INFO /senedd/
ORIG_SCRIPT_FILENAME /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/fcgi/php-basic-dev
CONTENT_LENGTH 0
SCRIPT_NAME /senedd/
REQUEST_URI /senedd/?id=2021-06-30.3.371088&s=representations+NOT+taxation+speaker%3A26172+speaker%3A26126+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26144+speaker%3A26144+speaker%3A26144+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26175+speaker%3A26214+speaker%3A26214+speaker%3A26214+speaker%3A26156+speaker%3A26150+speaker%3A26150+speaker%3A26150+speaker%3A26146+speaker%3A26239+speaker%3A26237+speaker%3A26166+speaker%3A26166
QUERY_STRING type=senedd&id=2021-06-30.3.371088&s=representations+NOT+taxation+speaker%3A26172+speaker%3A26126+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26144+speaker%3A26144+speaker%3A26144+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26175+speaker%3A26214+speaker%3A26214+speaker%3A26214+speaker%3A26156+speaker%3A26150+speaker%3A26150+speaker%3A26150+speaker%3A26146+speaker%3A26239+speaker%3A26237+speaker%3A26166+speaker%3A26166
REQUEST_METHOD GET
SERVER_PROTOCOL HTTP/1.0
GATEWAY_INTERFACE CGI/1.1
REDIRECT_QUERY_STRING type=senedd&id=2021-06-30.3.371088&s=representations+NOT+taxation+speaker%3A26172+speaker%3A26126+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26204+speaker%3A26144+speaker%3A26144+speaker%3A26144+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26153+speaker%3A26175+speaker%3A26214+speaker%3A26214+speaker%3A26214+speaker%3A26156+speaker%3A26150+speaker%3A26150+speaker%3A26150+speaker%3A26146+speaker%3A26239+speaker%3A26237+speaker%3A26166+speaker%3A26166
REDIRECT_URL /senedd/
REMOTE_PORT 48048
SCRIPT_FILENAME /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/section.php
SERVER_ADMIN webmaster@theyworkforyou.dev.mysociety.org
CONTEXT_DOCUMENT_ROOT /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs
CONTEXT_PREFIX
REQUEST_SCHEME http
DOCUMENT_ROOT /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs
REMOTE_ADDR 18.217.182.134
SERVER_PORT 80
SERVER_ADDR 46.235.230.113
SERVER_NAME matthew.theyworkforyou.dev.mysociety.org
SERVER_SOFTWARE Apache
SERVER_SIGNATURE
HTTP_ACCEPT_ENCODING gzip, br, zstd, deflate
HTTP_USER_AGENT Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)
HTTP_ACCEPT */*
HTTP_CONNECTION close
HTTP_X_FORWARDED_PROTO https
HTTP_X_REAL_IP 18.217.182.134
HTTP_HOST matthew.theyworkforyou.dev.mysociety.org
SCRIPT_URI http://matthew.theyworkforyou.dev.mysociety.org/senedd/
SCRIPT_URL /senedd/
REDIRECT_STATUS 200
REDIRECT_HANDLER application/x-httpd-fastphp
REDIRECT_SCRIPT_URI http://matthew.theyworkforyou.dev.mysociety.org/senedd/
REDIRECT_SCRIPT_URL /senedd/
FCGI_ROLE RESPONDER
PHP_SELF /senedd/
REQUEST_TIME_FLOAT 1731880060.1155
REQUEST_TIME 1731880060
empty
0. Whoops\Handler\PrettyPageHandler