Legal Powers

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 25 January 2023.

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Photo of Delyth Jewell Delyth Jewell Plaid Cymru

(Translated)

9. What legal advice has the Counsel General provided to the Welsh Government about whether it has the legal powers to conduct or commission an inquiry into how allegations against officers within Welsh police forces are handled? OQ58995

Photo of Mick Antoniw Mick Antoniw Labour 3:06, 25 January 2023

Thank you for the question. Police conduct is an issue that we take extremely seriously. However, policing is currently reserved to the UK Government and so it is not the role of the Welsh Government to hold or lead an inquiry on policing practice.  

Photo of Delyth Jewell Delyth Jewell Plaid Cymru

I thank you for that answer, Counsel General. Last November, The Sunday Times published a report that found that evidence of misogyny, racism, homophobia and corruption was found within Gwent Police, including amongst serving officers. Separately from this, of course, an inquiry has been established to investigate concerns about the culture and safety of women within the Metropolitan Police. I know that the Independent Office for Police Conduct is investigating Gwent Police, though the Police Federation have admitted the process is likely to be horrendously slow. I'd appreciate your view about whether we should be taking a preventative approach here, rather than waiting for something terrible to happen before acting. I take on board what you've just said, Counsel General, but, according to the BBC, the Welsh Government has previously indicated it would consider a national inquiry into the allegations. Could I ask you, please, your personal opinion perhaps about whether this should happen? Would you call on the UK Government either to do this or to devolve this power so that we could do it ourselves?

Photo of Mick Antoniw Mick Antoniw Labour 3:07, 25 January 2023

What I can say is that, although policing is not devolved, there is a close relationship. We meet with the democratically elected police and crime commissioners. I know the Minister for Social Justice meets very regularly to discuss a whole range of those issues: the anti-racist action plan, issues around diversity, all the issues in which policing interacts with various devolved governmental responsibilities. That's one of the reasons why we actually want policing devolved, because it is logical, it makes sense to do it, and every elected police and crime commissioner actually agrees that it should happen. I believe one day it will happen.

But what I can say is that, in response to those events that took place, the Minister for Social Justice did meet with Gwent Police and the crime commissioner Jeff Cuthbert, and chief constable Pam Kelly, on 14 November, and again on 23 November, to discuss the issue. The First Minister also met with the police and crime commissioner Jeff Cuthbert, and the chief constable Pam Kelly, on 20 December. I understand that both Senedd Members and Members of Parliament had multiple briefings by Gwent Police on this issue, and the Secretary of State for Wales has also confirmed that he is confident in the chief constable's leadership. I think this is a matter, obviously, where we have to wait and see now what further steps are taken. It clearly is a matter of interest to us, but I do say that we are restricted in the specific things that we can do, because of the lack of devolution of policing.

Photo of David Rees David Rees Labour 3:09, 25 January 2023

(Translated)

And finally, Joyce Watson.

Photo of Joyce Watson Joyce Watson Labour

Diolch, Dirprwy Lywydd. The investigation by the College of Policing, His Majesty's Inspectorate of Constabulary and Fire and Rescue Services and the Independent Office for Police Conduct concluded that there are systematic deficiencies in the way that some police forces in England and also Wales deal with allegations of sex offences and domestic abuse against their own officers and staff. The figures compiled last year show that eight out of 10 officers kept their jobs after the accusation of domestic abuse. Nearly 2,000 officers faced accusations of sexual wrongdoing in a four-year period; just 8 per cent of those were sacked. The conviction rate for police employees accused of domestic abuse is half of that for the general population. All of this underpins a serious problem. The question, of course, here is, Counsel General, what is being done about it? I know it's not devolved, but what is devolved here is picking up the pieces by those people who become extremely distressed by what is happening and also victims of those crimes. 

Photo of Mick Antoniw Mick Antoniw Labour 3:10, 25 January 2023

You make very important and very valid comments about the inadequacy of the current system, which has been exposed time and time again. I think it has come to a real head now, where, across police forces, there are serious failings in terms of the standards, the monitoring and so on of all of those matters that you raised. I think all they do is they do add reinforcement to the view that we have that the devolution of policing is a logical step that should take place, because it fits within a whole range of policies that we are engaged with and that the police on the ground are actually engaged with, whether it be domestic abuse, whether it be sexual abuse, whether it be assaults or whether it be domestic violence.

All of those sorts of issues and many other social issues are part and parcel of the broad range of policing and the sorts of services and responsibilities that we have. We continue to work and we will continue to act in partnership with all of those bodies and all of those agencies that we can do, but within the framework of what we are actually allowed to do, and, of course, there are limitations on that. But I do thank the Member for raising those; I've no doubt that she will continue to raise them, and quite justifiably so.

Photo of David Rees David Rees Labour 3:12, 25 January 2023

(Translated)

I thank the Counsel General.