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Politics

Time for Welsh justice for Wales

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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.
ADVICE DESERTS
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.

 

Business

Haverfordwest Kings Arms pub basement flat scheme refused

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A SCHEME to convert the basement of a Grade-II-listed former pub in a Pembrokeshire town’s conservation area to a flat has been refused by planners who said it would create an “oppressive living environment”.

In the application to Pembrokeshire County Council, Toyeb Ali Rahman, through agent Hayston Developments & Planning Ltd, sought permission to convert the basement of the former Kings Arms Hotel, Dew Street, Haverfordwest, the building most recently used as an Indian takeaway, to a residential flat.

A supporting statement said: “The Kings Arms Public House was a public house and was formerly a coaching house with a range of former stables to the rear which have been converted to dwellings. It is a mid-terrace property fronting the western side of Dew Street close to the town centre of Haverfordwest,” adding: “Since closure the public house has been used as a takeaway restaurant and is a mixture of flats and offices.”

It went on to say: “The application proposal only involves a small-scale conversion of a basement storage area associated with the former Kings Arms Hotel to a one bedroom residential flat. There would be no extensions with the only external alteration to the building being the replacement of a poorly detailed metal roller shutter door with conventional domestic entrance door with sidelight.

“As such, there would be no change to the impact of the building or proposal on the locality. In fact, basement area is not at all visible from the street scene along Dew Street.”

However, the scheme was refused by county planners on three points.

“The proposed change of use would result in a self-contained residential unit that fails to provide an acceptable standard of residential amenity for future occupiers. The habitable accommodation would be served by no external windows, resulting in inadequate levels of natural daylight and outlook and creating a poor-quality and oppressive living environment.

“Furthermore, insufficient information has been submitted to demonstrate that adequate ventilation, air quality, and moisture control could be achieved without harm to the character and appearance of the listed building.”

Planners also said the proposals would, through its design and use of materials, “fail to respect the special architectural and historic interest of the listed building”.

The final reason for refusal was the scheme would “result in an increase in nitrogen discharges draining into the Milford Haven Inner waterbody of the Pembrokeshire Marine Special Area of Conservation (SAC) where features are known to be in unfavourable condition due to current evidence of both chemical and biological failure,” with insufficient information to demonstrate mitigation measures which would allow the proposed development to achieve nutrient neutrality.

 

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News

New Welsh Government plastic bans held up by internal market talks

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Cardiff under pressure from industry and environmental groups as new restrictions loom

THE WELSH GOVERNMENT has confirmed that further bans on single-use plastic products will not be enacted before the end of the current Senedd term — but reiterated its commitment to phasing out what it calls “unnecessary” plastics to protect the environment.

In a written statement on Wednesday (Feb 11), Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs Huw Irranca-Davies said planned “Phase 2” restrictions under the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 will be delayed as officials work with UK governments to secure an exemption from the United Kingdom Internal Market Act 2020 (UKIMA). 

Phase 1 of the act, which came into force in October 2023, already bans a range of commonly littered items such as plastic cutlery, drinks stirrers, polystyrene cups and takeaway containers. 

Under Phase 2, ministers had intended to restrict polystyrene lids, single-use plastic carrier bags and products made of oxo-degradable plastic by spring 2026 — but Mr Irranca-Davies said that timetable is no longer feasible this term due to the ongoing negotiations over internal market arrangements. 

“We are committed to seeing polystyrene lids … plastic single-use carrier bags or products made of oxo-degradable plastic banned and are working to achieve that as soon as possible,” he said in the statement. 

Environmental groups and campaigners have welcomed the Government’s overall ambition but stressed the urgency of moving from pledges to action.

A spokesperson for Keep Wales Tidy said the original legislation was a crucial step in tackling plastic waste, noting that plastics remain one of the most common forms of litter found on beaches and in waterways. “This move shows intent, but communities are looking for swift implementation,” the group added in a recent comment on social media about Wales’s ongoing efforts to reduce single-use plastics. 

Wales was one of the first parts of the UK to target carrier bags, introducing a 5p charge for single-use plastic bags in 2011, which saw usage drop dramatically — by over 90 per cent according to government data. 

Critics from parts of the business community, including hospitality and retail sectors, have previously expressed concerns over the practical impacts of rapidly changing plastic regulations, particularly where alternatives are not readily available or where internal market uncertainties create compliance challenges for firms operating across the UK.

Mr Irranca-Davies said the Welsh Government remains committed to the wider goals of its Beyond Recycling circular economy strategy — including a **zero-waste **ambition by 2050 — and to ending what he described as a “throw-away culture” that harms the environment and future generations. 

He also highlighted progress already made: Wales now ranks among the world’s highest for household recycling rates, a significant rise from less than five per cent at the point of devolution. 

The Government says wet wipes containing plastic will be restricted from 18 December 2026 and that it will continue working with UK partners to resolve internal market issues and push remaining bans forward. 

 

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Business

Redevelopment plans at Clunderwen dairy farm approved

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PLANS for new livestock buildings at a Pembrokeshire dairy farm, aimed at “improved animal husbandry” will not lead to an increase in herd size, councillors heard.

In an application recommended for approval at the February meeting of Pembrokeshire County Council’s planning committee, Mr Roblin of Clynderwen Farm, Clunderwen, sought permission for two livestock building at the 210-hectare dairy farm of 280 cows and 235 head of young stock.

A report for members said each livestock accommodation building would have a length of 77 m, a width of 33m, an eaves height of 3.6m and a ridge height of 8.9m.

Both buildings would be parallel to each other and would cover a footprint of 5,082sqm (2,541sqm each). The proposal includes a total of 308 cubicles, loafing and feed areas, with a central feed passage in the middle.

It said the buildings at the site, some 200 metres from the nearby Redhill school and just over a kilometre from Clunderwen, would sit a little lower than those already on site, and the proposals would not lead to any increase in herd size.

Speaking at the meeting, agent Gethin Beynon said the scheme would lead to “improved animal husbandry to serve the existing milking herd and to support the next farming generation”.

He told members the application was accompanied by environmental enhancements and screening, with no objections from members of the public or any statutory bodies.

Mr Beynon went on to say the herd was currently housed in historic farm site buildings that “fall short of current standards,” with a farm move towards Holstein cattle which need more space.


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“It will improve animal husbandry and efficiencies in what is currently a challenging market,” he concluded.

Approval was moved by Cllr Alan Dennison, seconded by Cllr Brian Hall, and unanimously backed by committee members.

 

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