11. Debate: President of the Welsh Tribunals Annual Report

Part of the debate – in the Senedd at 6:37 pm on 23 November 2021.

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Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 6:37, 23 November 2021

Moving on to the tribunal structure, if the Welsh Government and the Senedd are serious about getting justice devolved here, we need to ensure that what we have already is being run well. The Commission on Justice in Wales in October 2019 made many recommendations about the Welsh tribunals, and I look forward to seeing the full report of the Law Commission next month. I welcomed its consultation report, and I welcome the creation of a first-tier tribunal and upper tribunal, and the consistency with regard to procedural rules, appointment and dismissal. Sir Wyn Williams has already indicated that the workload of the president of Welsh Tribunals and the Welsh Tribunals unit will increase dramatically if the Law Commission's recommendations are implemented. What are the Government's plans with regard to implementation?

It is disappointing that previous Welsh legislation has not used the Welsh tribunals. This has caused issues between the Ministry of Justice and the Welsh Government with regard to funding, and we've also lost a great opportunity to enlarge the workload of the Welsh tribunals. Do you agree with me, and also the Commission on Justice in Wales report, that with all future Welsh legislation, if practical, the dispute resolution should use the Welsh tribunals rather than the courts of England and Wales?

On tribunal performance, we've all indicated how well the tribunals have performed during these very difficult times. However, Sir Wyn Williams does mention in his report some concerns about the drop of cases with regard to the agricultural land tribunal and the Special Educational Needs Tribunal for Wales. The reasons prove elusive, but it seems that COVID was the main reason. But he in his report mentioned that research into the drop of the figures would be welcomed. Will the Government support this request and look into why the numbers have dropped?

I'd like to move to an area that I know is very close to your heart, Counsel General—that is access to justice. In tribunals, as in most places, we will not be returning to how things were before COVID. In the last report, and reiterated again in this report, Sir Wyn Williams mentions the advantages of remote hearings. Indeed, he says that remote hearings by video-conferencing has proved a great success. This has also led to an unprecedented underspend in the budget of Welsh Tribunals—over £0.5 million. Now, I appreciate that remote hearings don't work for everyone, but with such clear testimony from Sir Wyn Williams that they have worked on the whole, and with such underspend in the budget, what are the Government's plans to continue remote hearings in the future, where appropriate?

You've mentioned independence, and the reason I mention it again is because I think it's so important to stress this point.