11. Debate: President of the Welsh Tribunals Annual Report

Part of the debate – in the Senedd at 6:25 pm on 23 November 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 6:25, 23 November 2021

The past year has seen the Welsh Tribunals continue to respond to the very significant challenges posed by the coronavirus pandemic. The president gave evidence to the Legislation, Justice and Constitution Committee on 1 November and advised that all cases brought forward in 2020-21 had been dealt with by the Welsh Tribunals. And it is to the credit of the president, judicial leads, tribunal members and the Welsh Tribunals unit that the Welsh Tribunals have been able to operate remotely over the period and do so successfully in the face of difficult ongoing circumstances. This performance is particularly notable when one looks at the delays in the justice system that have been seen across England and Wales in the same period. And it is important in terms of access to justice that the Welsh Tribunals have continued to operate effectively, as the consequences for those who would have recourse to them, particularly users of the mental health review tribunal, could have been extremely serious had they not.

Of course, Sir Wyn also served on the Commission on Justice in Wales and he contributed to its comprehensive set of recommendations on the future of justice in Wales. Latterly, as president of Welsh Tribunals, he has worked with the Law Commission to inform its review of the law governing the operation of the devolved tribunals in Wales. And one of the recommendations made by the Commission on Justice in Wales, and one I anticipate is likely the Law Commission will make, concerns the structural independence of the Welsh Tribunals unit. Not only is this an issue that has been a recurring theme in each of the president's annual reports, it is one that the president reiterated in his recent appearance before the Legislation, Justice and Constitution Committee. To use the words of the president from his committee appearance,

'the Welsh Tribunals unit should be, and be seen to be, independent of Welsh Government', so as to promote the fundamental principle of the independence of the judiciary. This is not a position from which I would demur.

And as our system of Welsh tribunals under the Wales Act 2017 has developed, so has the Welsh Tribunals unit's role in administering them. The unit is part of the Welsh Government and, as a Government, we highly value and respect the work of the Welsh Tribunals judiciary. We recognise their integrity, their commitment to public service and the important role they play in the exercise of public responsibilities in Wales. And I've no doubt that this Government and this Senedd recognise and understand the importance of the principle of judicial independence. I'm confident in saying that this principle guides the way in which judicial institutions are and will continue to be supported in Wales.

I also have no doubt that the Law Commission's recommendations will identify the structural reforms required to modernise our tribunal system. A remodelling of the administration of justice will be a necessary part of our journey towards building a justice infrastructure for Wales that is capable of managing the ever greater divergence of law from England.

And finally, I'd like to turn to the president's future priorities, and two in particular: first, evaluating how the Welsh Tribunals should operate post pandemic in terms of the balance between remote and face-to-face hearings to best serve access to justice; and secondly, responding to and assisting with the implementation of recommendations made by the Law Commission. We can all be very pleased that Sir Wyn will bring his experience and leadership to bear on taking forward these important matters. Deputy Presiding Officer, in closing, I hope Members will join me in thanking the president of Welsh Tribunals for his annual report for the last financial year. Diolch, Dirprwy Lywydd.