2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 24 November 2021.
7. What legal advice has the Counsel General provided to the Welsh Government regarding the implications of the Police, Crime, Sentencing and Courts Bill for civil liberties in Wales? OQ57247
Thank you, again, for raising a very important issue. The Welsh Government's position on the public order provisions contained in Part 3 of the Police, Crime, Sentencing and Courts Bill is set out in the legislative consent memorandum laid before the Senedd on 28 May 2021.
Counsel General, I chair the cross-party group on race and equality and the group met yesterday to discuss Part 4 of the Bill, which, as you will know, will end up incriminating Gypsy, Roma and Traveller families in terms of their way of life. At that cross-party group meeting yesterday, which was attended by over 60 people, we heard from a range of representatives of the Gypsy, Traveller and Roma community, including Travelling Ahead, community voices and the Gypsy, Roma and Traveller Social Work Association, all of whom voiced alarm and anger at this proposed legislation. It would make it even more difficult for Gypsy, Roma and Travellers to have a nomadic way of life, which is difficult enough at the moment, given the lack of official sites, both permanent and transitory.
So, in those circumstances, Counsel General, can you outline what the Welsh Government might be able to do to protect the rights of such communities, which are very much under threat from this current UK Government legislation?
Thank you for that supplementary question. Of course, this particular Bill—it's actually three pieces of legislation that have been put together, which is why it's so complex. And there is an irony that there are some items in it that are certainly worth considering, and there are obviously a lot of amendments that are going through at the moment. There's one in respect of serious violence that is being considered at this moment in time as well that may fall within that category. But of course, the Bill has within it a number of what we would call, I think, what are illiberal—contrary to civil liberties—provisions that are wholly unnecessary. The restrictions that it would place on public processions, public assemblies, on one-person protests—and we talked earlier, didn't we, about people participating in democracy and feeling a part of democracy—. This is just another piece of legislation that actually divides people away from the democratic processes.
And, of course, the one that the Member is particularly concerned about—and I can understand that; I know that it is a concern that is seriously shared by Jenny Rathbone and certainly by the Minister for Social Justice and I suspect many people around this area—is the criminalising powers in respect of what are called unauthorised encampments. This is not something we will want to give legislative consent to. We believe that it impacts massively into a devolved area; we have a different policy agenda in terms of the engagement with people and engagement with the Traveller and the Gypsy community and that is something that we want to continue. So, that is something that is of considerable concern. There are a lot of discussions on it at the moment, and I'm sure that the Minister will want to report in due course. And of course, there will be, I suspect, in due course, further supplementary legislative consent memoranda where this issue will arise and be debated in this Chamber again.
And finally, question 8, Jenny Rathbone.