9. Debate: The President of the Welsh Tribunals Annual Report 2021-22

Part of the debate – in the Senedd at 5:05 pm on 21 March 2023.

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Photo of Jenny Rathbone Jenny Rathbone Labour 5:05, 21 March 2023

I think the access to all types of justice is hugely important, and the matters that tribunals deal with are obviously absolutely crucial for the individuals involved. Here we are again on the jagged edge of the justice system. Reading this annual report, I was very interested to learn that the president of Welsh Tribunals is conferred by the UK Parliament, whilst the civil servants administrating the tribunals are a unit within the Welsh Government.

The budget for this current year is £4.2 million. Is that coming out of the Welsh Government's budget or the UK Government's budget? These are important matters as we decide how we are going to devolve policing and justice to Wales, and to ensure that we have a smooth transition, with the finances to go with them. I noticed that Sir Wyn Williams met Lord Wolfson in 2022 about the then proposed bill of rights, something that may or may not re-emerge in the latest numbers of Ministers who've held this post, but, clearly, something that we're all going to want to have a say on in due course if it comes to pass.

I just want to focus the rest of my remarks on the mental health review tribunal, which clearly is the most important of all the tribunals, given the numbers that are going through it. First of all, I just want to congratulate Sir Wyn for having accurate data gathering, because we can't make proper decisions unless we know exactly what we're dealing with and, interestingly, his explanation as to why the numbers in 2019-20, of 1,900 and a few, have gone down to 1,291 in April to December 2022. Obviously that's not quite a full year. But if the methodology that has been adopted of cutting and pasting tribunal activity prevents human error in duplicating things, that's extremely important.

I wanted to express my concern as to the ambition to appoint two full-time salaried members of the mental health review tribunal, and it's disappointing to read that it wasn't possible to make such an appointment or appointments because of the calibre of the individuals who applied—they simply didn't have the skills required. So, it would be useful to know from the Counsel General was it that they weren't advertised widely enough, or the remuneration was not sufficient to reflect the very heavy duties of anyone involved in deciding whether to deprive someone of their liberty, either because of the risk to themselves or others.

Additionally, I note that a very experienced Welsh-speaking member of the mental health review tribunal could not be reappointed because of her age, simply because the Lord Chancellor had failed to consider a clause within the Judicial Pensions and Retirement Act 1993, which wasn't then passported through in the Public Service Pensions and Judicial Offices Act 2022, which is an indication of why we need to have these matters brought together, devolved to Wales, so that we don't come across such a matter again. Clearly, these are really important issues that are discussed here, and I'm very pleased that this annual report has been tabled this afternoon.