7. Statement by the Counsel General and Minister for the Constitution: Legal Aid and Access to Justice

Part of the debate – in the Senedd at 5:28 pm on 18 January 2022.

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Photo of Mick Antoniw Mick Antoniw Labour 5:28, 18 January 2022

I thank the Member for those comments and for the various questions, most of which, though, did not actually address the fundamental part of the statement I've issued, which is actually about the access of citizens and people to legal aid and the problems that exist with that.

Let me just deal with a few of the issues you raised. You talked about the funding of additional police officers. Of course we welcome that and the increase, although we have yet to see it reach the level of policing that the Tory Government inherited in 2010. We still have fewer police officers than we use to have, and in actual fact, the Welsh Government, as part of the justice system, is now funding 600 police community support officers in our communities because of the absence of UK funding.

On the issue of Nightingale courts and specialist arrangements because of COVID, I have no problem with some of those arrangements. I've yet to see the detail of some of them and how they might actually work in practice, but it doesn't address the issue of people actually having access to lawyers and access to advice and so on. What the Member fails to recognise is that what happened in 2012 was that the Conservative Government massively cut access to justice and excluded whole areas of social welfare law access to people. The legal aid budget in 2012, when you introduced the legislation, was £2.2 billion. At a stroke, you cut £751 million from that budget. On top of that you've closed courts, which means many people cannot even get to the courts. There are people—and this is reported in the Bellamy report—who actually cannot afford to get to court, so they wait for a summons to be issued so they can be arrested and that the police will then bring them to court. This is the actual state we're in. And we actually have people now, in terms of online, who don't have access to the technology, sometimes, to access online proceedings, who give evidence by mobile phone. That is grossly unacceptable. What happened in 2011 was that there were 91,000 citizens across the UK who received advice for welfare issues, and that fell, as a result of the UK Government's cuts, by 99 per cent, at a stroke. And since then, the issues in terms of social welfare issues, housing and family issues have increased, actually, dramatically.

You raise the issue about safety measures being introduced in courts and, of course, I welcome that—safety measures have been introduced in most workplaces and public places. But we still have a system where we do not have proper investment in the civil justice centre—a proper and decent court in the capital of Wales, Cardiff—which we've been pressing for for some time. It is the responsibility of the Ministry of Justice, yet we don't seem to get court facilities that are suitable for lawyers, for those who are participating in the proceedings, and for the safety of the judiciary themselves.

In terms of the Judicial Review and Courts Bill, that will be a matter of a very detailed discussion at some stage, because, essentially, the judicial review Bill is more about enabling the Government to pass legislation and not be scrutinised in any way by the courts where the Acts of Government are unlawful.

Now, in terms of drug and alcohol courts and so on, well, of course, we have the first pilot in Cardiff, and I welcome that very much. But, of course, even though it is not our responsibility, it is being funded by hundreds of thousands of pounds of Welsh Government money.

Now, in terms of engagement with the UK Government, I have met, as has the Minister for Social Justice, with Lord Wolfson. We've been discussing these issues. We are looking at those issues where we can collaborate and work together on justice issues, and we're also looking in terms of those areas where we actually need change and reform in respect of the way justice is actually delivered, which is where we come to the importance of the devolution of justice. You have given, obviously, the Downing Street line, in terms of devolution of justice. What I would hope is that we will present, actually, the way in which we can show that justice can be delivered better. But what I will say in conclusion to my answer to your comments is that what you have totally done is sidestep. The fundamental issue is that we have advice deserts within Wales and we have many, many thousands of our constituents, across Wales who have no access to justice at all, and that we have a two-tiered justice system. It is a great sadness that you did not address that in your questions to me.