It is a pleasure to follow my constituency neighbour, the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), although I am not brave enough to call him a naughty boy.
When the Welsh Assembly was constituted in 1999, there were 20 conferred subject areas in which matters were to be determined by the Welsh people through their democratically elected representatives. One famous Welsh politician once said that
“devolution is a process, not an event”.
In the 17 years since the Assembly came into existence, there have been three constitutional settlements, which reflects the need to expand the powers of the Welsh Assembly because of the evolution of the legislative procedure in Wales. However, Members who served on the Welsh Affairs Committee during its inquiry into the draft Wales Bill sometimes wished that it was an event, not a process.
The fourth constitutional settlement—the draft Wales Bill introduced by the then Secretary of State for Wales, the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), in October 2015—promised
“a stronger, clearer and fairer devolution settlement for Wales that will stand the test of time.”
It lasted for four months. On 29 February 2016, he announced that significant and substantial changes would be made to his baby. It may just have been serendipity,
but on the day that the Queen officially opened the fifth National Assembly for Wales, the current Secretary of State introduced the revised draft Wales Bill as the fifth constitutional settlement—or, rather, the second fourth attempt—to this House. He said:
“Welsh men and women want sensible legislation that reflects their priorities and allows them to live under laws of their own choosing. I have heard that instruction loud and clear, and I will deliver on it.”
Those were brave words, indeed.
I will not speak about the modification of the necessity test, ministerial consents or even the list of reserved matters, which has been reduced by some 15%. I will concentrate on the devolution of justice, which has been a major area of disagreement between the UK Government and the Welsh Government. There was no mention of devolution of jurisdiction in the draft Wales Bill. First Minister Carwyn Jones has made it known that he is in favour of the devolution of justice, and in 2015, in response to the draft Wales Bill, the Welsh Government argued for
“a Welsh legal jurisdiction that is distinct, but not separate from that of England.”
The new Bill does not propose the devolution of the justice system or of policing, but explicitly recognises that there is a “body of Welsh law”. It allows the Assembly to continue to modify the civil and criminal law to give effect to its legislation, but does not extend to legislating on substantial areas of criminal law, such as offences against the person. The new Bill creates a working group of officials from the Wales Office, the Ministry of Justice, the Welsh Government and the Lord Chief Justice’s office to monitor the situation. I welcome that because in Wales many areas of justice need clarification.
What matters to the people of Wales is whether they can get access to justice. I must admit that in the many campaigns during which I have knocked on doors, I have not found that devolution of the justice system has been a burning issue for constituents. Many of my constituents contact me because they cannot get access to legal advice, or have problems that they do not necessarily identify as legal issues. I am sure that many other Members find that their advice surgeries are inundated by constituents who are being denied access to justice.
It is fundamentally important that the justice system of England and Wales and the ever growing body of law in Wales are clear and accountable and work for the benefit of my constituents in Neath and those of other Welsh constituencies. It is not straightforward to understand the administrative justice landscape, which is made complex by the intertwining of devolved and non-devolved systems. Administrative justice is not only about citizens’ rights and redress but about learning from what has gone wrong and producing a vision of good public administration. It covers issues including disputes between the citizen and the state, and it is the cornerstone of social justice in Wales—a means by which citizens can have a voice other than through the ballot box, and by which public services can be held to account. It will lead to better results for citizens, less work for the appeals system, lower costs and, most importantly, social justice.
In areas such as housing, education, health and planning, Wales has its own administrative law, and the Welsh Government have responsibility for relevant justice policy
and daily administration. Clause 10 introduces justice impact assessments, meaning that the person in charge of an Assembly Bill must make a written statement about its potential impact on the justice system of England and Wales. Every regulatory Bill and statutory instrument introduced to this House and the other place that affects private, civil society or public services has—or should have—an impact assessment, which Opposition Members rightly often use to attack the proposed legislation and suggest amendments.
Most tribunals still operate on an England and Wales basis, but some are devolved—for example, the Agricultural Land Tribunal for Wales, the Adjudication Panel for Wales, the Mental Health Tribunal for Wales and the Residential Property Tribunal Wales. These devolved tribunals are supported by a single Welsh tribunal unit, and there are issues to consider concerning the status of the judiciary in devolved tribunals. They are not a fully integral part of the judiciary for England and Wales, and there is a lack of clarity concerning arrangements for their appointment, training, conduct and discipline. Statutory responsibility is not clear in all cases, and formal agreements are needed so that there is no room for doubt about roles and responsibilities.
The working group may wish to consider the following suggestions: that all devolved Welsh judicial appointments have a standard procedure agreed by the Welsh Government and the Judicial Appointments Commission, and that training, appraisal and disciplinary arrangements be of a standard as demanding as that elsewhere in the UK; that the Welsh Government work with the Ministry of Justice, Her Majesty’s Courts and Tribunals Service, the Department for Work and Pensions, Her Majesty’s Revenue and Customs and other UK Government Departments to ensure that data concerning redress systems can be separately identified and made available to elected representatives; and that the Lord Chief Justice appoint an existing Welsh judge to lead on devolved Welsh tribunals.
As the Bill passes through Parliament, efforts must be made to articulate how the body of Welsh law that it recognises forms part of the law of the legal jurisdiction of England and Wales, with the primary purpose of making it accessible to practitioners and citizens alike.
The working group should also consider youth justice. When Charlie Taylor began his review of youth justice, the first place he visited was Hillside secure unit in my constituency. It is the only institution in the UK that offers placements for children who have suffered through multiple social service placements and/or who have got into trouble with the law. Children from all over the UK are placed at Hillside, but placements last only three months, which is not long enough to make a positive difference to a child’s life. The judiciary and social services departments often see Hillside as a place of last resort, but if children came there earlier in their troubled lives, they would not suffer the trauma of multiple placements and/or many visits to youth courts.
The work at Hillside is aimed at helping children turn their lives around and involves health assessments, psychological assessments, behaviour modification, academic and vocational education, the improvement of communication skills and children becoming self-sufficient before leaving to resume living in the community. It is an excellent example of partnership working, with
Neath Port Talbot Council, the police, police and crime commissioners, the Youth Justice Board, the Welsh Government and the UK Government working together for the benefit of troubled children.
Hillside wants to build a step-down unit on its site, so that children can make a smooth transition from living in a secure unit to living in independent accommodation such as flats and dormitories before they have to fend for themselves in the community. Hillside needs funding to build that unit, but it is not clear who is responsible for paying for it. Is it Neath Port Talbot Council, which is responsible for social services and whose funding has been cut by £50 million because of the austerity policies of the UK Tory Government? Is it the Welsh Government, who are responsible for education, health and housing, and whose funding has been cut by the UK Tory Government? Or is it the UK Government, who are responsible for police and youth justice? We need clarity.
Youth justice and access to comprehensive and coherent legal advice are two areas where the involvement of the Welsh Assembly and devolution to the Welsh Government have significantly contributed to rationalising the offer to citizens. The UK Government should look to those models of delivery for examples of how they can support the Welsh Government to create Welsh law within the parameters of current jurisdiction. I look forward to the passage of the Bill.
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