Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:26 pm on 6 July 2022.
Well, thank you for the question. You do raise a very serious and a very important point, and again I'd say very constructively. We dealt with some of the issues arising from the reform of tribunals in, of course, our 'Delivering Justice for Wales' paper. Consideration is being given now to what the structure of a tribunals Bill might look like, what the legislation might look like, how we might implement the recommendations of the Law Commission.
Perhaps the best assurance I can give to the Member at this stage is this: my views are very firmly that what we would be effectively creating is the embryonic structure of a Welsh devolved justice system. We would be using that part of the justice system that is already devolved and extending it further to create an appellate structure. So, the points that the Member raises are absolutely fundamental, and that is that that part of the justice system has to be independent of Government, not only seen to be, but, equally so, I think, administratively separate from Government. Of course, there are relationships, as you have with the justice system and with the Government and in respect of that funding, but it has to be a model that ensures the independent operation of the Welsh Tribunals unit, of that part of the justice system, and that the appointments to it, and in addition, importantly, the president of Welsh Tribunals and the functions that that person would carry out, are again those that have the full underlying principles of the rule of law requiring the independence of judiciary and those who participate within it.