2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 7 December 2022.
4. Will the Counsel General provide an update on the reform of the Welsh Tribunals? OQ58818
Thank you very much for the question. 'Delivering Justice for Wales' sets out our intention to take forward reform to create a modernised tribunal system for Wales. We are shaping detailed proposals for reform, drawing on the evidence base for change and our conversations with those affected by the reform agenda.
Thank you very much, Counsel General. Many people say that there is no justice jurisdiction in Wales. Well, that's not true. There is a small justice jurisdiction in Wales, which is through the tribunals system. Given that it's a year since the publication of the Law Commission's report on how to improve the Welsh tribunals, and given it's entirely within the powers of the Welsh Government to do that and to help a great number of users of the tribunals, could you now, after a year, provide a definitive timetable as to when we will see the new structure for the tribunals, and when we will see, for the first time in centuries, the first appeals system in Wales? Thank you very much.
Firstly, thank you. There is obviously work that is under way in respect of the policy work and the legislative work with regard to the recommendations of the Law Commission in respect of tribunals. With regard to the point you raise on jurisdiction, I think there's always been a rather simplistic analysis of jurisdictions as to what a jurisdiction actually is in practice compared to what it is said to be. Because, yes, tribunals are very a significant court of administrative justice, and we look forward to legislation, and my intention will be to carry on that work. There will be an announcement in due course in respect of legislation and a timetable with regard to the creation of a first-tier tribunal, but, equally so, the creation of an appellate process for that. Any administrative court needs to have an appeals system, and this would be the creation of an appeals system. I think it would be a very significant part of the development of the devolution of justice as a whole.
Of course, there are other areas as well. I, of course, have to authorise prosecutions under Welsh law. I think that is part of our jurisdiction—that is part of our judicial process. I think, when the youth justice and probation is devolved, that will be yet a further extension, and, in due course, there will be further constructive discussions over the further devolution of the justice system.
Question 5 was grouped with question 3. Question 6, Sarah Murphy.