2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:24 pm on 8 June 2022.
Questions now from party spokespeople. The Conservative spokesperson, Darren Millar.
Minister, now that the Special Purpose Committee on Senedd Reform has published its report, what consideration have you given as to whether the Senedd has the powers to deliver on the committee's recommendations?
Well, the first point I would make is that, of course, there will be a debate—I think two hours have been allocated for this afternoon—where I'm sure all the issues in respect of the special purpose committee's report will be considered. My role and that of Welsh Government is, if the proposals that are in that report are accepted by the Senedd, then to consider those in detail carefully and to look at the best way of implementing those proposals into viable and robust legislation.
Given that your First Minister wrote the executive summary, effectively, along with the leader of Plaid Cymru, I'd have thought that you'd have done a bit of work already, frankly, to consider whether the Senedd had the competence to implement these recommendations. Because, as a former member of that committee, I can tell you that, in our deliberations, the legal advice was absolutely clear: the field of equal opportunities is a non-devolved matter; the Senedd does not have the powers to impose statutory gender quotas to tackle discrimination against women. That legal advice was clear to us, and it said that, effectively, if we took any action to address discrimination or the less favourable treatment of women, then it would be firmly outside of the Senedd's competence. So, regardless of the merits of any action being taken to address a lack of diversity in the Senedd, do you accept that, if your Government presses ahead with statutory gender quotas, it would actually jeopardise the whole Senedd reform agenda, and fail to deliver it by 2026?
I thank you for that question, and I'm sure it's a matter that will be raised again later on this afternoon. Can I just say firstly, though, in terms of the report of the special purpose committee, I don't presume the outcome of the decision this afternoon; it is a matter for the Senedd? And it is a very important matter that whatever decision is taken in respect of proposals for reform is taken by the Senedd and not taken by the Government, and that distinction is an extremely important one. All the legal issues that may arise out of the consideration of whatever is passed by the Senedd this afternoon, if at all, are ones that will be taken into account when it comes to constructing legislation to implement the decisions or the recommendations of the Senedd.
I'm sorry, I didn't actually hear any clarity in your answer as to whether you believe that the Senedd has the competence to be able to introduce gender quotas at present. It's a very simple question. I know that you keep referring to the debate that is going to be taking place in two hours later on. I suspect you don't have an answer in your response to that debate either on this issue. If you have, perhaps I could press you on the matter again. Do you accept that the Senedd doesn't have competence at the moment, because of the equal opportunities reservation, to actually implement gender quotas, and that if you do press forward with a piece of legislation—if the Senedd presses forward with a piece of legislation—that could jeopardise the whole of the Senedd reform agenda? Because if you do accept that—and from the evidence that we received from not just our own lawyers, but from pretty much everybody else bar one individual witness, it seemed to me, we don't have that competence—and if you press ahead on this basis you're effectively setting up the Senedd reform agenda to fail. Perhaps that is your intention; I don't know. I would hope not; I would hope that you don't want to waste everybody's time—[Interruption.] [Inaudible.]
What I can tell the Member—and I say in this in two capacities; one as a Government Minister, but also in terms of my law officer responsibilities as Counsel General—is that I will give very detailed consideration, and the Government will, to the recommendations that are put forward, that are passed by the Senedd, and that I will work then to see how robust and viable legislation can be constructed to implement those recommendations from the Senedd.
I'm afraid we're going to need to take a technical break. At the moment, only the Minister's microphone, mine and Carolyn Thomas's is working. Darren Millar's was not working, but I'm reassured that your voice is loud enough to be carried on the broadcast, but that may not be the case for all Members, so we're going to need, unfortunately, to take a short technical break.
Does that mean we have to listen to him again? [Laughter.]
Can I welcome everyone back? I thank the technical team for resolving the problems we were facing. Hopefully, we will be able to continue for the rest of the afternoon without any more difficulties. We move on now to spokesperson's questions from Plaid Cymru—Rhys ab Owen.
Diolch yn fawr, Dirprwy Lywydd. Cwnsler Cyffredinol, you'll be more aware than any Member here of the grim milestone passed over the half-term recess of 100 days since Putin's senseless attack on Ukraine and its people. As the Welsh Government's law officer, what work have you undertaken with other law officers across the United Kingdom to investigate the war crimes and human rights atrocities perpetrated against the Ukrainian people by Vladimir Putin?
Thank you for that question. It is an issue that is very much coming to the fore across the world now—the commission of war crimes and investigations by the International Criminal Court and, indeed, by the United Nations themselves. The evidence there is extremely overwhelming. I have had a meeting with the law officers—the Attorney General, the Lord Advocate for Scotland and the Advocate General for Northern Ireland—and we have discussed the approach that's being taken in respect of the support for the investigations. The investigations are, of course, brought by the prosecutor general in Ukraine. I have suggested that there would be benefits to a four-law-officers approach in terms of the support for the work. I know that a special adviser has been appointed by the UK Government to assist the prosecutor general in Ukraine.
There, of course, have been two war crimes trials already of individuals, and there are a large number of others that are under investigation. The numbers are in the thousands. There are lawyers, of course, whose services are also being directed towards supporting those investigations. I will be approaching the prosecutor general myself in respect of any specific work and support that we can provide from Wales, whether it be moral or whether it be practical in terms of engagement with members of the legal community in Wales who have expertise in this area. That is something where I would like to see a very specific area of Welsh support if it is considered to be beneficial to the important work that is going on—now, during the war, but equally so for the many years after that that these sorts of cases inevitably involve.
Diolch yn fawr, Cwnsler Cyffredinol. You'll be aware that, recently, the Ministry of Justice announced that they've bought an office block next to the Old Bailey for £111 million. As a baby barrister in 2009, people were complaining then about the inadequate state of the civil justice centre in Cardiff. People have continued to complain about it ever since. In fact, when the Supreme Court visited Cardiff for the first time, they were hosted in Tŷ Hywel, which causes a lot of other questions, rather than in the civil justice centre. The Ministry of Justice response is, 'We'll provide an extra water fountain and we'll finally fix the broken lift.' It's a bit like Del Boy's flat, rather than a civil justice centre. So, when, Counsel General, will the Ministry of Justice take Welsh justice seriously and ensure a civil justice centre that befits a capital city like Cardiff?
Thank you for that. There is absolutely no doubt whatsoever that the civil justice centre is not fit for purpose. There is absolutely no doubt as well that the Ministry of Justice are aware. Myself and the Minister for Social Justice met with Dominic Raab, the Lord Chancellor, and we raised this particular issue with him. We raised it also in terms of meetings on several occasions with Lord Wolfson, who subsequently resigned—not because of the question but for other matters. So, they're well aware of the concerns. Also, I've made it very clear, I think, in answers to questions in this Chamber that it is wholly unacceptable for the capital city of Cardiff to be treated in this particular way. If justice were devolved, we would not tolerate such facilities being there, which are not only inadequate for those users of the court—the citizens, the lawyers, and the judiciary—but are also not appropriate in respect of the image we want of the Welsh legal system and the way in which we want to see the legal economy in Wales actually grow.
I can tell you, though, that I'm in the process of writing to the UK Government specifically on this particular point—how bizarre it is, after being told there isn't sufficient money, that millions of pounds are being made available for another centre in London, whilst the civil justice centre in Cardiff is being totally ignored. I am pleased to see, of course, that Lord Wolfson has now been replaced. The new justice Minister is Sir Christopher Bellamy, who of course was involved in the recent legal aid review. I will be seeking to have discussions with him alongside the Minister for Social Justice as well, where this will also be one of the items on the agenda. I have to say, one of the things I'm thinking is that perhaps we ought to have our next face-to-face meeting actually in the civil justice centre.