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Justice in Wales for the People of Wales

Document Cited authorities 5 Cited in Related
Vincent
Published date01 May 2020
DOI10.3366/elr.2020.0636
Pages297-304
Date01 May 2020

In October 2019 the Commission on Justice in Wales (“Commission”) published its Report, Justice in Wales for the People of Wales (“Report”).1 Established by former First Minister, Carwyn Jones AM, it commenced work in December 2017 and was chaired by the former Lord Chief Justice of England and Wales, Lord Thomas of Cwmgiedd.

The Commission's 555-page Report includes seventy-eight numbered recommendations and approximately 150 total recommendations. It was guided not by questions about jurisdictional arrangements, but by the principle that justice is at the heart of any system of democratic governance. Nevertheless, the Commission states that its unanimous finding, that people in Wales are being let down by the current system,2 can only be remedied by full legislative and executive devolution of responsibility for justice.3

The Report contains twelve chapters: including historical context and guiding principles; information, advice and assistance; criminal justice; family justice; civil justice; administrative justice and coroners; delivering justice; the legal sector and economy of Wales; knowledge, skills and innovation; Welsh language; and governance, the law of Wales and the judiciary.

The UK Ministry of Justice's response, by tweet within fifteen minutes of the Report's publication, was to reiterate its belief that a single legal jurisdiction remains the most effective way to deliver justice across England and Wales. In a Westminster Hall debate, moved by Liz Saville-Roberts MP Plaid Cymru, Parliamentary Under-Secretary of State for Justice Chris Philp MP stated that there will be no formal UK Government response to the Report.4 The UK Government intends to continue discussions with the Welsh Government, and honour commitments made during the passage of the Wales Act 2017 to undertake regular reviews of justice in Wales. Mr Philp MP argued that the costs of devolving justice would be disproportionate given the comparative volume of devolved and reserved legislation. Political discussion to date has focused on the Commission's recommendations on devolution of criminal justice and prisons, family justice, and legal aid.5 However, it is recognised that improvements could be made to administrative justice, where Wales already has devolved responsibilities, providing a “test bed” for the devolution of additional powers.6

GOVERNANCE, THE LAW OF WALES AND THE JUDICIARY

The justice system in Wales is complex and fragmented and the Commission concluded that the existing devolution settlement provides little opportunity to develop a coherent approach and targeted use of resources.7 It drew on research evidence8 that in 2017/18 almost £1,165 million was spent on the justice system for Wales, equating to approximately £370 per person in Wales, and around 3.6% of total identifiable public spending for Wales, but that almost 40% of this expenditure is already contributed through the Welsh budget and taxation. Justice in Wales has been consistently underfunded from Westminster, with revenue expenditure on court and tribunal services and legal aid being below what would be its population share. As such, the Commission recommends that “[d]evolution of justice must be accompanied by a full transfer of financial resources, including all identifiable administrative and capital resources relating to Wales”.9 Full devolution is necessary to enable the proper alignment of justice policy and spending with devolved policies in education, health and economic development; to place justice at the heart of government; and to take advantage of Wales’ size and ability to innovate. The Commission also stated that further devolution could strengthen the UK constitution.10

In relation to the judiciary, the Commission recommends that future legislation should provide for the Assembly to establish a Welsh High Court and Court of Appeal.11 Under the current scheme of devolution, it recommends changes in organisation of the senior judiciary to improve leadership and provide for more effective relationships with the political branch, and that Wales should be put in a similar position to Scotland and Northern Ireland regarding the appointment of judges to the UK Supreme Court.12

Accountability depends on people knowing who is responsible for justice policy and justice delivery. Whilst this remains complex, the Assembly has voted to change the name and remit of its Constitutional and Legislative Affairs Committee to the Legislation, Justice and Constitution Committee, which is beginning...

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