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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.

News

Campaigners urge Welsh Government to adopt proportional representation for Local Elections

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CAMPAIGNERS are calling on the Welsh Government to introduce the Single Transferable Vote (STV) system for local elections, following moves by two councils to shift away from the First Past the Post (FPTP) system being blocked on technical grounds.

Yesterday (Nov 14), Ceredigion Council voted narrowly, with an 18 to 17 majority, in favor of adopting STV. This follows Gwynedd Council’s decision last month, where 65% of councillors backed the move. However, both councils have been prevented from implementing STV due to a requirement for a two-thirds majority under the Local Government and Elections (Wales) Act 2021.

In recent consultations, public support for STV has been overwhelming, with over 70% in Gwynedd and 67% in Ceredigion favoring the change. Only Powys Council rejected the proposal, despite 60.5% of its respondents supporting STV. Campaigners argue that the current system deprives voters of representation, citing that over 100,000 people were denied a vote in the 2022 elections due to uncontested seats.

The Electoral Reform Society Cymru (ERS Cymru) highlights the contrast with Scotland, where the introduction of STV for local elections in 2007 has significantly reduced uncontested seats. According to ERS Cymru, Scotland has had fewer uncontested seats in the last four elections combined than Gwynedd Council recorded alone in 2022.

Jess Blair, Director of ERS Cymru, said:

“Decisions made in council chambers affect everyone in those areas, so every vote should count. It’s absurd that councils choosing STV are blocked by a technicality, leaving them stuck with an outdated system that denies representation to thousands. The Welsh Government must act to avoid repeating the undemocratic outcomes of the last elections.”

Campaigners are now calling on the Welsh Government to introduce STV across all councils in Wales, ensuring representation that reflects the electorate’s wishes.

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Politics

Alarm over Wales’ domestic violence ‘epidemic’

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DOMESTIC violence against women and girls is the scourge of Wales and a national emergency, Senedd Members warned.

Mabon ap Gwynfor said Welsh police reported more than 45,000 cases of domestic abuse in 2022/23 and almost 10,000 sexual offences the previous year, with many more unrecorded.

Leading a Senedd debate, the Plaid Cymru politician challenged a tendency to believe rural Wales is an exception, with domestic abuse “limited” to urban areas only.

“The evidence shows otherwise,” he said. “Rates of domestic abuse in north Wales are higher than those in the city of London.

“North Wales even faces the same level of sexual crimes as Greater Manchester, which has a population five times the size.”

Mr ap Gwynfor added: “I am afraid the election of President Trump in the US is going to make things much worse as he makes misogynistic attitudes acceptable again.”

He said victims wait a year for support in Cardiff or Merthyr but four months in Swansea, asking: “How can we justify someone’s trauma being dependent on a postcode lottery?”

He told the Senedd that 16 children per 1,000 in north Wales are being seen by sexual assault referral centres compared with a rate of 2.9 per 1,000 in London.

Mr ap Gwynfor said the NSPCC found one in five children have experienced domestic violence, with Childline Cardiff holding 4,000 counselling sessions in the past year.

Calling for urgent devolution, he warned that prosecution statistics suggest sexual violence has effectively been legalised, with victims let down and public trust eroded.

Labour’s Joyce Watson said a vigil will be held outside the Senedd on November 25 to mark White Ribbon Day, the international day for ending violence against women and children.

Ms Watson highlighted her party’s pledge to halve violence against women and girls over the next decade, calling for funding from Westminster to further the aim in Wales.

She told the Senedd: “It is a national threat and it is an epidemic. There’s no getting away from that. It’s deep-rooted, it’s wide-reaching.”

Sioned Williams raised the NSPCC’s calls for sustainable long-term funding for specialist support for children and young people who are survivors of domestic violence.

Her Plaid Cymru colleague Luke Fletcher warned of the “corrosive” effect of social media, calling for a crackdown on misogynistic content targeted at young men.

Responding to the debate on November 13, Jane Hutt pointed to progress made in tackling violence against women and girls but she recognised “so much more needs to be done”.

Ms Hutt, who is Wales’ social justice secretary, highlighted horrifying statistics from July showing that two million women in the UK are victims of male violence every year.

She described domestic violence as a national emergency, with one woman killed by a man every three days and the number of recorded offences up 37% in the past five years.

She hailed the 20th anniversary of the Live Fear Free helpline, a free 24/7 service run by Welsh Women’s Aid and funded by the Welsh Government.

Ms Hutt said she raised evidence of failures in the justice system with Jess Phillips during a meeting with the UK minister

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Politics

Senedd debates Eluned Morgan’s first 100 days as First Minister

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SENEDD members debated Eluned Morgan’s record following her first 100 days, with the First Minister rejecting claims she has failed to stand up for Wales.

Andrew RT Davies led a Conservative debate on the eve of November 14, which marks Eluned Morgan’s hundredth day in office.

He accused the First Minister of letting the country down, pointing to the withdrawal of the universal winter fuel allowance for pensioners and warnings of 4,000 premature deaths.

The leader of the opposition also criticised Labour’s decision to raise national insurance contributions for employers, with unemployment in Wales at 5.3% and rising.

Mr Davies said 4,000 patients have been added to NHS waiting lists since the First Minister took office in August, with a total of 614,000 people now waiting for treatment.

He told the Senedd: “That is a damning indictment of government failure here …. That is not standing up for patients here in Wales, it’s not standing up for clinicians, and it’s not standing up, importantly, for the workforce.”

Rhun ap Iorwerth said Baroness Morgan’s first 100 days have shown little evidence of a change in direction from the Welsh Government.

The Plaid Cymru leader said: “By any objective measure, nothing has fundamentally changed in those 100 days.”

He said Baroness Morgan has no plan to grow the economy nor tackle a crisis in the NHS.

Mr ap Iorwerth accused the First Minister of failing to make the case for replacing the Barnett formula, devolving the Crown Estate, and compensating Wales for HS2 spending.

He said: “I’m afraid that what we’ve seen is Labour in Welsh Government, under the new First Minister, shifting into the mode of defending their masters at Westminster….

“A fundamental difference between Plaid Cymru and Labour is that we will never let Westminster diktat hamper our ambitions for Wales.”

Labour’s Hefin David was unconvinced by the 100-day measure of success, which was coined by former US President Franklin Roosevelt in the 1930s.

He said: “It worked for him; I’m not sure it’s going to work so much across modern politics, which moves so quickly and so differently.”

He suggested the next Senedd election in 18 months will be a much better yardstick.

The Caerphilly Senedd Member pointed out that Wales’ first female First Minister, from Ely, Cardiff, one of the poorest parts of the UK, succeeded against the odds.

Describing Baroness Morgan as a “listening First Minister”, Dr David joked: “She’s the only First Minister who gives me a cwtch every time I see her. I can see Mark Drakeford getting a little worried there. I’m not expecting anything, finance minister.

“But I do think it demonstrates the warmth of Eluned Morgan.”

Responding to the debate, Eluned Morgan reeled off a list of achievements including £28m to cut waiting times, £13m on better end of life care and a new north Wales medical school.

She said £7.7m has been invested in a specialist burns and plastic surgery centre at Swansea’s Morriston Hospital, serving ten million people from Aberystwyth to Oxford.

Baroness Morgan lauded a “landmark” £1bn investment in the redevelopment of Shotton Mill, Deeside, protecting 137 jobs and creating 220 more.

She claimed the Labour Welsh and UK Governments also secured a better deal for Tata steelworkers, accusing the Tories of failing to budget for a £80m transition fund.

“This is a lengthy list,” she said. “But it could be longer and it will be longer as we continue to deliver…. The first 100 days demonstrates how Welsh Labour is delivering real investment, real jobs, real support for communities – not promises and pledges but delivery.

“I am so proud of everything this government has already delivered since I became First Minister and I’m optimistic about what we can achieve as we move forward.”

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