3. Will the Counsel General make a statement on the timetable for the implementation of the recommendations of the Law Commission's 'Devolved Tribunals in Wales Report'? OQ57414

Thank you very much for that question, Rhys. In my written statement welcoming the publication of the report, I made it clear that the Government strongly endorses the fundamental principle of the recommendations made. We will set out more detail on our plans in the coming months. Members will understand that I cannot give a timetable for the necessary legislation at this stage.

Thank you very much, Counsel General. I see these recommendations, such as establishing an appeals tribunal, as a very important step in developing the justice system here in Wales. Perhaps it's not given much coverage publicly, but I do think there is huge importance to this. In my view, through the Welsh tribunals, we have a foundation to build a fair and just justice system here in Wales. The tribunals are accessible—the issue of accessibility in the current system was raised by Jack Sargeant—and the tribunals are structured in such a way as to encourage discussion rather than conflict. And what's excellent about the Welsh tribunals is that their development isn't subject to the Westminster Government but to the Welsh Government. We cannot blame Westminster this time, Counsel General. Far too often in the past the Welsh tribunals have been forgotten, falling between two stools because of the nature of the devolved settlement, and I very much hope that the Welsh Government will grasp this opportunity. So, in developing them further, does the Counsel General agree with the fundamental principle that all Senedd legislation should from now on use Welsh tribunals to decide on any dispute arising from that legislation, rather than using the county courts of England and Wales? Thank you.

Thank you for the question, and, of course, the Member wrote about this in an article in Nation.Cymru, which I read and I agreed with. I agree with him in, firstly, welcoming the work of the Law Commission in the detailed report that we have, which is under serious consideration and with a view to looking at the legislative programme. Also, I think we would all recognise the important work that Sir Wyn Williams has done in respect of the tribunals. The Member is right that the tribunals have come to us in a sort of ad hoc way. Some we have created, some we have inherited, some that have changed, and now is absolutely the right time for these tribunals to come together in a single tier, as is recommended. That is my view. What is equally important, though, is that one of the recommendations or options that's put there is of course the creation of an appellate structure, and it certainly is my thinking that that appellate structure is something that we would want to create and also probably to have the president of tribunals as, effectively, an appeal court judge.

This is a broader issue I was also discussing on my visit to Scotland, where, of course, courts and tribunals have a different framework but some similar issues, and I would hope that this actually becomes what is the embryonic base of the Welsh justice system and that you can also look eventually—. I mean, I don't want to run before we can walk on this—there's still quite a long way to go—but, of course, there are other tribunals that are not devolved, but something not being devolved doesn't mean it can't fit within a tribunal system, and that was an interesting commentary that I had from my visit to Scotland. So, this is a fundamentally important step forward for Wales. Our experience in terms of the way the tribunals have been operating, particularly during COVID, has been, I think, very effective. And I think the proposals that have come forward will put our part of the justice system that we have on a sound footing, independent of Government, able to act as an embryonic Welsh justice system, and with, for the first time, our own appeals structure.