A MAJOR report into the Welsh justice system calls for radical change.
The report, ‘Justice in Wales for the People of Wales’, says the administration of justice needs to be devolved so that justice in practice aligns with the growing body of Welsh law on social, health and education policy and other services.
Prepared by a Commission chaired by the former Lord Chief Justice of England and Wales Lord Thomas of Cwmgiedd, the Report says: ‘Major reform is needed to the justice system and to the current scheme of devolution’.
The Commission found ‘under the current scheme of devolution there is no properly joined up or integrated approach, as justice remains controlled by the Westminster Government’. It says to ensure consistent treatment of the UK’s devolved administrations, Wales should have the same powers over its justice system as Scotland and England, particularly as Wales increasingly diverges from England in key areas of policy, for example on housing.
The reductions in the justice budget made by the Westminster Government since 2010 have been amongst the most severe of all departmental budget cuts.
The Commission is highly critical of the Westminster-centric nature of law-making, which largely ignores Wales’ interests and Wales’ challenges. It points out the Welsh Government has used its own money, in addition to permitting rises in council tax, to try and mitigate the damaging effects of these policies.
The result is almost 40% of the total funding for Wales’ justice system originates in Wales. This is above other tax revenue that is raised from Wales and then allocated by the Westminster Government to Wales.
The report’s authors unanimously conclude: “This position is unsustainable when the Welsh Government has so little say in justice policy and overall spending.”
Crucially, the report also says restrictions on the Senedd’s powers to legislate over policing, offender management, and rehabilitation should be removed. Such an arrangement would align the Senedd’s powers with those of the Northern Ireland Assembly and the Scottish Parliament.
On two areas of policy, the Report is particularly critical of Wales’ treatment within the current justice system.
The significant cuts to legal aid made in 2012 have hit Wales hard. Proper access to justice is not available with the consequent threat to the Rule of Law.
The report says Westminster’s approach to legal aid has created:
• ‘advice deserts’ in rural and post-industrial areas where people struggle to receive legal advice;
• a serious risk to the sustainability of legal practice elsewhere, especially in traditional ‘high street’ legal services; and
• increasing numbers of people representing themselves in courts and tribunals with a consequential adverse impact on outcomes and the efficient use of court resources.
The report says although the Welsh Government spends its own funds on advice services it lacks the resources to bridge the gap caused by the cuts to legal aid.
Prosecution lawyers and prosecuting authorities are funded from the public purse. Individuals just over the legal aid limit are doubly penalised by the inability to access legal advice. If they do and are acquitted, individuals face the infamous ‘innocence tax’. Self-funding defendants in criminal prosecutions who are acquitted very seldom – if ever – recover the whole costs of their defence, leaving them often massively out of pocket.
On criminal law, the report finds, unlike in England, the number of police officers in Wales has not reduced. It explains this is because the Welsh Government provides further funds and allowed council tax rises to provide extra money to forces.
However, a significantly greater proportion of the spending on justice is now on prisons rather than crime reduction. Wales has one of the highest, if not the highest, prison populations per head in Western Europe, even though the evidence is that robust community sentences achieve better outcomes in many cases.
The lack of integration between health policy, over which Wales has powers, and policing, reserved to Westminster, means the current devolution scheme has created problems in terms of providing health services for prisoners, as well as other services such as housing which are necessary for rehabilitation on release.
The report calls for a single Minister to be given responsibility for justice in Wales and establishing problem-solving criminal courts and Family Drug and Alcohol Courts in Wales.
Predictably, the UK Government has dismissed the plans as creating over-complexity; brushed aside increasing legislative differences between English and Welsh law; and turned its back on equal treatment of Wales within the UK.
Questioned on Radio 4’s ‘Law in Action’ whether the plans would speed up the break-up of the United Kingdom, Lord Thomas gave a vigorous denial that would be the case.
He pointed out provisions within the document for a UK-wide Supreme Court with judges appointed to it from each jurisdiction. Saying the different treatment of Wales was ‘unsustainable’, he repeated the proposals within the report needed only changes to the existing devolution settlement to recognise Wales’ circumstances and to create a level playing field between the nations of the UK.
Labour and Plaid unveil a deal for Government
ON MONDAY (November 22), Labour and Plaid Cymru announced an agreement to stitch up the Senedd for the next three years.
Amid much self-congratulation, Adam Price and Mark Drakeford hailed their success at reaching an agreement.
Labour promises to deliver the bits of its Manifesto with which Plaid agrees and considers delivering the bits of Plaid’s Manifesto that it finds unobjectionable.
WHAT THEY SAY
A joint press release says: “The agreement is a joint policy programme covering 46 areas, ranging from the delivery of free school meals to all primary school pupils; a commitment to take immediate and radical action to address the second homes crisis, to long-term reform of the Senedd.
“This is a new form of political working arrangement. The two partners – the Welsh Government and the Plaid Cymru Senedd Group – will work together to jointly develop and oversee the delivery of the policies covered by the agreement over the coming three years.”
First Minister Mark Drakeford said: “The Welsh Government has an ambitious Programme for Government, which it will deliver over this Senedd term. But we do not have a monopoly on good ideas, and we will work with progressive parties where we have shared and common interests to benefit people in Wales.
“This Co-operation Agreement brings the Welsh Government and Plaid Cymru together to respond to some of the most pressing issues facing Wales today, such as climate change and the energy and cost-of-living crisis.
“We can achieve more for people in Wales by working together, and the Co-operation Agreement is both a response to the external challenges we face and a chance to build on the opportunities in our future. It will also help us secure a stable Senedd over the next three years, capable of delivering radical change and reform.
“These commitments build on our shared values of social solidarity, a sustainable planet and a vibrant democracy.”
Adam Price, Leader of Plaid Cymru, said: “Almost a quarter of a century ago, people in Wales voted for self-government for Wales, with a promise of a new type of politics.
“They placed their trust in a new democracy with an instruction to work differently – inclusively and co-operatively.
“The challenges we face require real ambition to deliver radical ideas. The fallout from leaving the European Union, the legacy of the pandemic, and the UK Government’s determination to erode the Senedd’s powers all increase the need for transformational change.
“Taken together, the bold policy pledges will unite Wales and benefit every generation, from all primary school pupils receiving free school meals to a national care service, free at the point of need.
“I am pleased this pioneering Co-operation Agreement is founded on common ground on a range of issues that will make a long-lasting difference to people’s lives.”
As part of the agreement, a publicly owned energy company for Wales could be created to encourage community-owned renewable energy generation; there will be further investment in flood defences and new measures to strengthen the Welsh language and support for young people’s mental health.
This is a bespoke agreement – it is not a coalition; Plaid Cymru Members will not be joining the Welsh Government as Ministers or Deputy Ministers. Plaid Cymru will appoint a designated lead member for the agreement. Committees of Welsh Ministers and Plaid Cymru designated members will be established to agree on issues covered by the Co-operation Agreement.
Funding has been put in place as part of the Co-operation Agreement and reflected in the draft Budget published in December.
All issues outside the Co-operation Agreement will be handled in the normal course of political engagement.
THE FALL OF ADAM:
FROM HIGH IDEALS TO BASE REALITY
Before May’s election, Adam Price spoke about his “despair” at the prospect of five more years of Labour Government, of Labour’s failures in Wales, and how Wales deserved better.
It turns out what he meant was that he was happy to support Labour in exchange for many things Labour said it was going to do anyway.
The prospect of last week’s Welsh Food Bill (supported by Plaid) ever hitting the statute book has taken a massive step backwards. Instead, there’s likely to be a continuation of the current Welsh Government strategy of discussing whether to consult before talks about holding talks.
Labour hailed its thirty seats in May’s election as a massive endorsement for its policies. Voters rejected those policies in large parts of Wales, where the fight for seats was between Plaid and the Conservatives.
Bolting strong anti-Labour sentiment in traditionally Plaid supporting areas did not end well for Plaid after the One Wales Government.
It is hard to see the crustier members of the Party of Wales reconciling themselves to backing Labour in a Senedd many of them regard as not speaking for their concerns about language, culture, and rural Wales.
Setting unionism aside, the divide between rural Plaid voters and the Conservatives is a lot narrower than Plaid in Cardiff Bay would like to accept.
However, the signs that the parties would reach an agreement have been obvious for some time, notably at First Minister’s Questions.
Over recent weeks, Adam Price’s questions to Mark Drakeford played out like a charade.
The Plaid leader repeatedly invites the Labour leader to comment about the awfulness of the Westminster Government, and the Labour leader obliges and agrees with Mr Price about how awful it is.
The searching scrutiny of the Welsh Government’s actions one might expect from the Plaid leader has been from Mr Price’s questions.
All of which suggests both he and Mark Drakeford are more concerned about what Westminster is or isn’t doing than what the party in power in Wales is or isn’t doing.
It’s all been rather like the occasion when Margaret Thatcher, faced with short-term political difficulty, was asked by Pembrokeshire’s former MP Nicholas Bennett to list her Government’s achievements.
As someone who prides himself on his command of language and speech-making, Mr Price seems to have reconciled himself to the idea that it’s better to reign in Hell than serve in Heaven.
When it comes to political idealism against political reality, Mr Price has shown himself a pragmatist.
With 45 Senedd members, Labour plus Plaid, the numbers stack up arithmetically to increase the number of MSs and change the electoral system.
The losers in such a change, Plaid and Labour calculate, will be the Conservatives.
Increasing the number of Senedd members has long been a Labour goal. In the last Senned term, Labour lacked the numbers to make the change: now it does.
An increase in the number of Senedd members works only if a larger Senedd gets things done and gets them done faster and better.
Labour’s record on introducing primary legislation to the Senedd is weak. For example, it is still wrangling over the scope of the Wellbeing of Future Generations Act passed in 2015, two Senedd elections ago.
There is, however, an issue that might cut through any proposed enlargement: public opinion.
Plaid’s and Labour’s recent rhetoric could come back to haunt them.
For the last two years, the Labour Government has lamented the powers being stripped away from it by the Conservative Government in Westminster.
Adam Price has agreed that the Conservatives have stolen powers and breached promises over finance at every turn.
If, as Labour and Plaid claim, the beastly Westminster Parliament is stealing away its power to do anything, the question arises as to why – with fewer effective powers at its disposal – Wales needs more Senedd Members.
A larger Senedd will not hinder a Conservative majority government in London from doing what it wants, and it would be neither more nor less legitimate than the current arrangement.
The result of sixty out of eighty Senedd members complaining when nobody’s listening will be no different than forty-five out of sixty.
A larger Senedd will not mean more powers in Cardiff unless Westminster grants them.
A larger Senedd must mean smaller (and possibly fewer) County Councils.
A larger Senedd might also mean a more openly centralised approach to Wales’s shambolic and chaotic health and social care provision.
The powers the agreement allows the Welsh Government to use are ones it already has – ones a Conservative Government granted it.
Wisely, the Welsh Conservative response to the deal does not over-egg the constitutional pudding.
It emphasises priorities for the Government over the party’s too-frequent claims of ‘constitutional chaos’.
A spokesperson said: “This deal fails to deliver on the priorities of the people of Wales.
“It does nothing to address the crisis in our NHS; nothing to improve our ailing Welsh infrastructure; and nothing to fire up our sluggish economy.
“Prioritising more politicians and constitutional reform over action to secure treatment for the one in five on an NHS waiting list or improving take-home pay for the low paid is appalling.
“Yet again, Plaid has betrayed its voters with another deal that cements a failing Labour administration into power for years to come.
“The message to voters is clear; vote Plaid, get Labour, and vote Labour, get Plaid. Only the Welsh Conservatives can deliver the real change that Wales needs.”
Moving the Welsh Economy Forward: “A Team Wales recovery, built by all of us” – Economy Minister
THE WELSH GOVERNMENT will pursue a progressive economic policy that focuses on better jobs, narrowing the skills divide and tackling poverty, Economy Minister, Vaughan Gething, will say today.
At a hybrid Economic Summit, the Minister has invited businesses, trades unions and local government leaders to discuss how Wales can create a stronger, fairer, greener economic future.
In setting out his vision to move the Welsh economy forward, the Minister will commit to extending a Team Wales model to offer ‘as much certainty as possible’ for businesses facing a volatile recovery.
He will promise a new era of partnership to strengthen regional economic development, a delivery plan to back the everyday economy and wide ranging support for workers in a fast changing economy.
The Welsh Government will work with unions and business to develop it’s ‘something for something’ approach so that Welsh public money is wedded to action on fair work, decarbonisation and skills.
The Minister will also start a conversation about the long term demographic challenge facing the Welsh economy. The proportion of the population aged 16 to 64 years old in Wales has been decreasing year-on-year since mid-2008 – and could be just 58% of the population by 2043.
In response, Welsh Ministers’ approach will be geared towards creating an economy where more young people feel confident about planning their future in Wales thus supporting job creation and more dynamic local economies.
The Welsh Government will set out a vision of what makes Wales an attractive place to live, study, work and invest – including the quality of life in an inclusive, open and green nation.
The Welsh Government will also call on the Chancellor to demonstrate the UK Government’s ambition for Wales by honouring promises made on EU successor funds, backing major renewables such as tidal energy and investing in Welsh research and development.
Later, the Minister will visit a family-run business that’s received Welsh Government support to grow, before delivering a speech to a predominantly virtual audience of business, trades unions and local government leaders and other partners at Transport for Wales’ new HQ in Pontypridd.
Speaking ahead of the summit, Economy Minister, Vaughan Gething said: “The Welsh Government is taking bold action to build a stronger, fairer, greener Welsh economy. It has taken a Team Wales effort to keep Wales safe and we will deliver a Team Wales Recovery, built by all of us.
“A strong Welsh recovery will be based on the principles of fair work and sustainability as we invest in the industries and services of the future.
“As we face the headwinds of Brexit, I am determined that our credible plans will offer as much certainty as possible to help businesses plan ahead.
“A new era of partnership for stronger regions, a young person’s guarantee, a plan to back our everyday economy and collaboration with world leading, advanced manufacturing. This is the cause for optimism for the future we are building in Wales.
“My ambition is to make Wales a place where more young people feel confident in planning their future here. You don’t have to get out to get on, make your future here in Wales.”
The Welsh Government’s approach includes:
- Investing in our people – through the Young Person’s Guarantee and a strong employability and skills offer, including Apprenticeships;
- Supporting those furthest away from the Labour market to find work. The upcoming Employability Strategy will highlight the support available for individuals, particularly those most impacted by the pandemic and furthest away from the labour market;
- Accelerating the adaptation to new skills which are required for skilled, secure jobs, not least in the area of low carbon. The current recruitment challenge has also shown there is a need for some quick action on skills in certain sectors;
- Exploring how we retain our graduates and talent in Wales by building strong linkages with universities, and between universities and businesses;
- Support start-ups, including graduate start-ups, with possible incentives in some areas;
- Ensure we have firms grounded in Wales who can provide future opportunities;
- Wales can also benefit from the opportunities for far greater remote working and flexible commuting options.
Welsh Conservatives pay tribute to murdered MP, Sir David Amess
THE WELSH CONSERVATIVES have released a statement following the murder of serving Member of Parliament, Sir David Amess on Friday (Oct 15).
Paul Davies MS said: “We are horrified by the death of Sir David Amess.
“Sir David was a much-respected and well-liked MP who cared deeply about serving his constituents, something he had done with distinction for nearly four decades.
“One of the longest-serving Members of Parliament, his contribution to public life was vast and he will be sorely missed by those in Southend and in the Conservative Party.
“Sadly, this shocking and abhorrent incident once again highlights the dangers that public servants can face, all of whom should be able to conduct such duties helping those they represent in safety.
“Our thoughts are with his family and friends. May he rest in peace.”
Stephen Crabb MP took to social media to say: “Love and prayers for the family of Sir David Amess MP this afternoon. Just devastating. Funny, wise, compassionate, and such a good friend to so many of us.
“It was a delight to interview Sir David Amess back in May for a virtual book launch for his autobiography. So much warmth, humanity and love of the job he did so assiduously for almost 40 years. Parliament has lost one of its finest today.”
The MP for Southend West was stabbed at Belfairs Methodist Church in Leigh-on-Sea, in Essex. He was there for one of his regular Friday meetings with his constituents.
Just 15 minutes before the attack, the 69-year-old was standing on the church steps, chatting and laughing with locals.
At around 12:05 PM, Sir David walked into the church alongside two female members of his staff to meet some more constituents.
Local councillor John Lamb said that it was then that the attacker emerged from a small group of waiting constituents and attacked Sir David, stabbing him several times.
“I’m told that when he went in for his surgery there were people waiting to see him, and one of them literally got a knife out and just began stabbing him,” Mr Lamb said.
Police arrived at the scene in Eastwood Road North within minutes where they found the MP with multiple injuries and arrested a man.
“We knew it must be very serious because the paramedics had been working on Sir David for over two and a half hours and they hadn’t got him on the way to hospital,” Mr Lamb told the PA news agency.
At 14:13 an air ambulance arrived at a nearby sports ground to move him to hospital. However, members of his team began to fear the worst as paramedics remained at the scene.
Shortly before 15:00, Essex Police said Sir David had died.
At a press conference later Chief Constable BJ Harrington said officers and paramedics had worked extremely hard to save the MP.
Questions are now being raised about security arrangements for politicians working in their constituencies.
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