2. Questions to the Counsel General and the Minister for the Constitution – in the Senedd on 20 October 2021.
7. Will the Counsel General make a statement on the Government's response to the recommendations made by the Commission on Justice in Wales? OQ57046
I thank the Member for his question. I published a written statement on justice on 30 September, and, just over 10 days ago, I had the privilege of addressing delegates at the Legal Wales conference, during which I reaffirmed our commitment to pursue the case for the devolution of justice and policing.
I thank the Counsel General for that answer, and I'm sure Members will agree with me right across the benches in this Chamber that cuts to legal aid by the UK Government mean it is harder for ordinary people to access justice. I'm sure Members from right across the Chamber agree with me that access to justice should not just be for the wealthy. The Welsh Government does fund organisations to provide legal advice, and this really is a lifeline to many, and it is vital that that money spent is done so efficiently. Now, Counsel General, the 'Justice in Wales for the People of Wales' report recommended that, and I quote:
'The funding for legal aid and for the third sector providing advice and assistance should be brought together in Wales to form a single fund under the strategic direction of an independent body'.
Counsel General, do you agree with that recommendation and, if so, how quickly can we implement this recommendation?
Well, thank you for that and, yes, I do agree with the recommendation. Of course, the recommendation was made within the context of the further devolution of justice. I'd also perhaps reaffirm the comments that you made with regard to the impact of cuts to legal aid. This is something I've raised nearly every time I've had meetings with relevant judiciary and law officers. It's a matter that is regularly raised in this particular Chamber, because we have, effectively, I believe, a two-tier justice system now: a justice system for those who can afford it and very little justice for those who can't.
We as a Welsh Government have stepped in with resources that were not intended for this in terms of the single advice fund that the Minister for Social Justice was referring to earlier, how important that is, but it is not a substitute for a properly funded justice system and a properly funded legal aid system. I hope, though, that the single advice fund and the investment that we are making into that support provides the base for the establishment eventually of a Welsh legal aid fund.
I think it is also worth referring to the comments that have been made recently by the previous Lord Chancellor, Robert Buckland, who basically talked about the way in which justice has been underinvested for decades, and I agree with that and I think the cuts in respect of legal aid were almost the worst example of that. But there is no doubt that there has been a long-term failure to evaluate the importance of the justice system and that the justice system is ultimately about the empowerment of people in our communities. So, I think it is another matter that comes back to a point that was made earlier in terms of the commission and the need for the review that is likely to be taking place.