New clause 19 would require the Government to issue impact assessments on the Bill’s effect on devolved policy and services in Wales. I am grateful for the support of Labour and SNP colleagues. My other amendments would require Welsh ministerial consent for the Secretary of State to exert direct control over devolved areas such as health and education in Wales.
The justice system in Wales is just that—a system. Changes to currently reserved England and Wales matters could have profound policy and cost implications for devolved services in Wales, for example, the Senedd’s
powers on substance misuse, mental health, education, social services and more. Section 110A of the Government of Wales Act 2006, as inserted by section 11 of the Wales Act 2017, requires that all Welsh legislation include an assessment of any impact on the reserved justice system. There is no reciprocal requirement.
However, there is a growing divergence between the policies of the Ministry of Justice and those of the Welsh Government. In my view, the current arrangements are neither adequate nor sustainable. Indeed, the Minister told me in Committee:
“I accept that the Welsh Government take a wider view of those provisions that relate to devolved matters. I hope that we will be able to reach a common understanding on these issues, but it may well be that we have to accept that the UK and Welsh Governments have a different understanding of those measures in the Bill that engage the legislative consent process.”
There are sufficient differences to require specific assessments. Indeed, the Bill may well undermine Welsh legislation and policy, for example, the Housing (Wales) Act 2014 and the race equality action plan. A requirement for a Welsh-specific impact assessment could reveal such problems or dispel our concerns, but how will the people of Wales know unless we assess?
In Committee, the Minister also claimed that
“there should be no change to the current arrangements, which serve the people of Wales and England well.”—[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 24 June 2021; c. 807.]
Wales has the highest rate of imprisonment in western Europe. Black people are six times more likely to be imprisoned than their white counterparts. Nearly half of Welsh children who are imprisoned are detained in England, far from their homes. There is a chronic lack of community provision for women. Apparently, that is serving the “people of Wales well”.
Recently, Lord Thomas of Cwmgiedd, formerly the Lord Chief Justice of England and Wales, led the Commission on Justice in Wales. He concluded:
“Justice should be determined and delivered in Wales so that it aligns with its distinct and developing social, health and education policy and services and the growing body of Welsh law.”
For me, the sensible solution would be, as with Scotland and Northern Ireland, to devolve justice.
However, in the meantime, we need to know the effects in Wales of changes to the law of England and Wales, through proper justice impact assessments.