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

Part of the debate – in the Senedd at 4:48 pm on 21 March 2023.

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Photo of Mick Antoniw Mick Antoniw Labour 4:48, 21 March 2023

Dirprwy Lywydd, all parts of the justice system across the United Kingdom have faced very significant challenges posed by the coronavirus pandemic, and the Welsh tribunals have been no different. The swift move to remote ways of working allowed the Welsh tribunals to operate fully through the pandemic, and the continued use of those remote ways of working, resisting the temptation to rush back to in-person-only proceedings, have meant that pandemic-related delays and backlogs have not happened here. This is to the enormous credit of those leading our tribunals and reflects that decisions taken in Wales in light of the needs of Wales can properly maintain people's access to justice.

That brings me to the question of reform. So, while it is to the credit of all involved in our tribunals that they've been able to operate successfully, things would have been much more efficient if we had a coherent tribunal structure with properly streamlined rules and procedures. We now have recommendations for reform from both the Commission on Justice in Wales, on which Sir Wyn had served as a commissioner, of course, and from the Law Commission, with whose report Members will be familiar.

In his annual report, Sir Wyn makes it very clear, while being careful not to stray into the world of political choices, that reform of our tribunals is not just desirable, but necessary. One of the recommendations made by the Commission on Justice in Wales, and also by the Law Commission, concerns the structural independence of the Welsh Tribunals unit. Not only is this an issue that has been a recurring theme in each of the president's annual reports, it is one that the president has reiterated in person before the Legislation, Justice and Constitution Committee. The president appeared before the committee most recently on the thirteenth of this month, where he said that justice must not only be done but must be seen to be done by making the administration of justice now conducted by the Welsh Tribunals unit independent of Government, and this is a position with which I do not disagree. As our system of Welsh tribunals under the Wales Act 2017 has developed, so has the Welsh Tribunals unit's role in administering them.

Of course, the Law Commission has provided a suite of recommendations, which set out structural reforms required to modernise our tribunals system. In 'Delivering Justice for Wales', I made clear our intention to legislate to create an integrated tribunals system. Remodelling of the administration of justice is an essential part of our journey towards building a justice infrastructure for Wales that is capable of managing the ever-greater divergence of law from England. It is right that, in developing legislative proposals, we consider all the options for the independence of the new tribunals system for Wales, and I've said before, and I'll repeat again: judicial independence is the guiding principle for the way in which judicial institutions are and will continue to be supported in Wales, and this will not be lost in the work that we are doing and preparing to reform our devolved tribunals in Wales. The Government is committed to this work, and I'll be setting out plans in due course with the publication of a White Paper in the coming months.

The next annual report we receive will of course be from a new president of Welsh Tribunals—