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

Part of the debate – in the Senedd at 5:20 pm on 21 March 2023.

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Photo of Mick Antoniw Mick Antoniw Labour 5:20, 21 March 2023

I have a fairly firm view in my own mind in terms of the importance of a non-ministerial department. It also then leads, of course, to the need to create, in due course, a specific justice department here and a justice ministry, and so on. Those are probably matters for the next Senedd. I just think it's premature at this stage, on the back of this report, with a new president of tribunals coming in, before the White Paper, before we've actually introduced legislation, to be saying, 'This is the model that we're going to have'. I think if the amendment had basically confirmed the importance of the independence, I think there would be complete unity. So, it's not so much disagreeing with you, and I'm glad that you've actually brought an amendment because it's opened up that debate. I'm just not encouraging support for it because I think it's premature for that particular reason. 

On some of the other issues raised, Huw raised quite a number of issues about the White Paper and covering all options. Yes, it will cover all options, exactly that. It has to, basically, consider those, to analyse those, and then it'll be ultimately up to the Government to bring forward legislation, and then for the Senedd to consider that and to discuss those options and the correct model for that. 

You're absolutely right in terms of the tribunals, and the other points that Rhys made, and others, in terms of the location. I'm going to see the tribunal premises we have in Newport in Oak House. I do think, though, potentially looking ahead to the devolution of other areas of justice as well, we might need to look more broadly in terms of a location of a court service and tribunal service for Wales outside the buildings of Government, particularly in light of the comments I've made in the past about the situation and condition of the civil justice centre, and so on. Those are only things I touch on to explore, but I think there may well be options that are there. 

In terms of issues that Jenny Rathbone raised with regard to the mental health tribunal, of course, it is very significant in terms of numbers. Our tribunal system has to deal with the demand that is there. You'll see that although they've been mainly online hearings, a lot of choice has been given to enable individuals to choose which model that they want to have. With regard to the two salaried members, these are significant and substantial judicial positions. They are six-figure judicial positions. I think the issue may well be in terms of clarity over precisely what the job is, what the home of the judges effectively is, and probably the advertising of it. I'm confident that that will be resolved, but it reflects the importance particularly of the mental health tribunal situation. 

With regard to the Welsh language, I'm very much aware of that. I think a big issue on it is developing the confidence of people to actually participate within the court system, within the tribunal system. In many ways, they are an ideal model for the use of the Welsh language within that, because they have a certain less formality to them. But it is important that that is encouraged and supported. I raised it when I met with Sir Wyn Williams that there was an important issue there. He's confident, actually, that they have the chairs and the capacity to actually accommodate it. What is important is the encouragement and support for some of those tribunals to be held through the medium of the Welsh language. 

Llywydd, you've been very generous with me; I think I've probably gone on for far too long on some of these. The important question, of course, that has been raised is in terms of timescale, and so on. It's for the First Minister to make a statement, I think in July, in terms of the legislative programme. But I think the Welsh Government is clear that the reform needs to take place within this Senedd. Legislation will be brought forward. There will, no doubt, be announcements that are made in due course. The White Paper can, of course, continue in any event, and I'm sure there'll be further details in the very near future. 

Just one thing to conclude on, and that, of course, is the reference to the Thomas commission on the devolution of justice, and so on. Clearly, we are in a changing environment. The whole approach, I think, to justice, delivering justice and delivering justice better is at the core of it. The position we have with tribunals gives the opportunity to create that embryonic structure, really, with a set of tribunals, part of the administrative judicial system that has come to us on an ad hoc basis. What we are doing is creating not only a judicial system that will be of the highest excellence, but also that will create, as you said, the first ever, in the history of Wales, appellate structure. Diolch, Llywydd.