6. What discussions has the Counsel General had with the UK Government regarding increasing the diversity of lay magistrates in Wales? OQ57592

Thank you for the question. The appointment of lay magistrates is actually undertaken by the Judicial Office, not the UK Government. I have not personally had any discussions about magistrates specifically, but it is something we will consider with partners as we take forward the Welsh Government’s race equality action plan.   

That's good to hear. You'll be aware that the UK Ministry of Justice is presently undertaking the largest recruitment effort in its 650-year history to find 4,000 new lay magistrates. This step has been taken to combat the fact that the number of magistrates has fallen over the past decade from 25,170 in 2012 to 12,651 last year. So, of course, a lay magistrate, technically, is a voluntary position, with individuals expected to dedicate a minimum of 13 days per year, meaning many can look to fulfil this crucial role alongside their employment and their own caring responsibilities. The recruitment drive comes at a most pressing time, as statistics for November 2021 showed that 372,000 cases were outstanding in the magistrates' courts. It also provides now for an opportunity to diversify the magistracy, given that, as of last April, just over eight in 10 were aged over 50. Counsel General, what assistance can the Welsh Government provide on promoting this voluntary opportunity amongst our young people, and particularly so in our Welsh first-language communities, to ensure that those making these decisions are actually becoming more representative of the communities that they actually serve?

Thank you. It's an important question. It does beg the question why it is that, in 10 years, when you've had almost a halving of the number of magistrates, it is so late in the day now that action is being taken and also in such a minimalist way. Why are there so many fewer magistrates than there were before? But I do welcome the step to recruit 4,000 more magistrates and, of course, as a result of COVID, steps are being taken also to extend the capacity of magistrates in terms of dealing with more cases.

Can I also say that I think the magistrates perform an essential role, I think, in allowing our underfunded justice system to operate? And we do owe all these people who give their time and their expertise a debt of gratitude. I think one factor that may have contributed as well to the reduction is the closure of so many magistrates' courts. People identify with their communities, with their local courts, and the magistrates' court system has always been part of a localised justice system. That link between justice and the community has been very badly broken.

One thing I can say in terms of one of the things I think we can do and where we can work with UK Government—and, again, it's a matter that I and the Minister for Social Justice have actually been working on and discussing—is with regard to the disaggregation of data so that we actually know what the make-up is. Now, we know the age profile. We know also that about 55 per cent of magistrates in Wales are female as opposed to male. We also know that around about 5 per cent are from a minority background, but we don't have much more detail than that. We don't know whether some ethnic groupings are under-represented. We don't know where they are particularly located, and we also don't have the data that we need, I think, in respect of the ability to use Welsh language. And as we want to encourage and see a greater usage of Welsh within our courts system, I think that is something that's important to know.

I can say that discussions that we've been having I think have been very positively received. We will be writing to the UK Government to set out the criteria of the data that we do need, and I think that is an example of positive and constructive co-operative working that is taking place and that we have been developing.