Politics

Time for Welsh justice for Wales

Published

5 years ago

November 5, 2019

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.

Community

Pembrokeshire town 4G phone mast plans withdrawn

Published

2 days ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for a replacement 20-metre-high 4G phone mast tower in north Pembrokeshire, which the local town council says would have “an unacceptable adverse impact” on the national park’s beauty have been withdrawn.

In an application before Pembrokeshire Coast National Park, Cellnex, through agent Telent, sought permission to replace an existing 10m high mast with a new 20m 4G tower with three Vodafone antennae and nine mast head amplifiers, and associated works, on land at Dwr-y-Felin Farm, Fford Bedd Morris, Newport.

The application for a 4G mobile base station for the mobile network operator(s) (MNOs) Vodafone Ltd in conjunction with Cornerstone. The application site is owned / operated by Cellnex UK, a radio site infrastructure provider.

A supporting statement accompanying the application said: “The proposed antenna height of 20m is essential to provide new 4G coverage and replacement 2G and 3G service provision to the surrounding area. 4G radio signals are more sensitive to physical obstructions than older technologies.

“This is because the higher the frequency band the greater the reduction in signal strength, increasing the likelihood of dropped calls and reduced data rates for internet browsing,” adding: “Generally, the higher the signal frequency the more it will be impacted by clutter. It is for this reason that there is the height of 20m is required.”

It went on to say it “should be noted that a radio base station within this location has already been considered acceptable and has become an established feature within the area and the proposed upgrade albeit different in design to support the latest equipment will not be of substantial or detrimental harm to the national park, conservation area or heritage assets”.

Newport Town Council had objected to the application, saying: “The proposed development (if approved in its current form) will have an unacceptable adverse impact on the qualities and special landscape and seascape character of the National Park and also on the special qualities of natural beauty and tranquillity.”

The application has now been withdrawn.

Charity

Flats for veterans to be built at VC Gallery, Pembroke Dock

Published

2 days ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to build flats for armed forces veterans on a former Pembrokeshire school yard/playing field next to veterans’ charity the VC Gallery has been approved by county planners.

In an application before Pembrokeshire County Council, veterans’ charity The VC Gallery sought permission for eight flats in two blocks of two-storey buildings, including wheelchair accessible flats, for Armed Forces veterans on land to the east of the former St Marys Catholic School site, Britannia Road, Pembroke Dock.

The former school, which closed in 2019, is currently used as the VC Gallery, itself an expansion of veterans’ charity the VC Gallery’s home in Haverfordwest, set up by Barry John MBE.

Documentation, through agent Pembroke Design Limited included a supporting statement by Barry John MBE, which it says “explains the issues that veterans face after leaving the services, the need for dedicated housing provision, the support that VC Gallery’s staff and volunteers provide and the gaps in current provision which the proposed development will help address”.

It added: “Although the development will provide and encourage independent living for its tenants, essential physical and mental support will be provided by the staff and volunteers in the VC Gallery as required, in accordance with individual veterans’ needs. Many will need a high level of support and the close proximity of the flats to the facilities and people on hand in the adjacent VC Gallery is therefore critical to the proposal’s purpose.”

Mr John’s statement said: “We want to create a unique offer to Armed Forces veterans in Pembrokeshire by offering up not just quality accommodation in a gated and safe environment but to also have a bespoke peer mentoring service.”

He added: “Working alongside our stakeholders The Armed Forces Covenant Fund Trust and the OVA (Office of Veterans Affairs) we have secured a grant to draw up plans and to look at how the secured land at the VC Gallery Pembroke Dock can be turned into a bespoke housing solution for Armed Forces Veterans.

“We have Service level agreements with the local authority for specifically supporting tenancy in veterans which will also extend to giving vital counselling services. Our work with the health board and provision for peer mentorship also gives us great grounding for effective help on a practical level for the veterans’ village but we will need a more designated package around the housing we provide to include both mental health and also maintenance (something we don’t have at present).”

His statement finished: “We think the need is great, we have the land, we have the skills for care and the ambition to help. It would be a project above all social housing enterprises, and we want to make a go of it.”

Politics

Call to stop councillors being employed by MPs and MSs

Published

2 days ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to stop senior Pembrokeshire county councillors being employed by MPs or Senedd members is to come under greater scrutiny at a special council committee.

In a Notice of Motion submitted to the December meeting of Pembrokeshire County Council, Independent Group leader Cllr Huw Murphy said: “While it is acceptable for Cabinet members to hold other employments, no serving county councillor should hold a Cabinet position within Pembrokeshire County Council (PCC) while simultaneously being employed by a sitting Member of Parliament (MP) or Member of the Senedd (MS).

“Cabinet members hold executive responsibilities, and such dual roles risk potential conflicts of interest, particularly if Cabinet decisions conflict with the policies of their employer, often a political party. This concern is heightened in a council where most members are Independents.”

Cllr Murphy’s notice of motion was heard at the December meeting of Pembrokeshire County Council where it was agreed the matter be referred to a future constitutional review committee.

In the registration of interests for the eight members of Leader Cllr Jon Harvey’s Cabinet, only Cllr Joshua Beynon, deputy leader of the Labour Group and Cabinet Member for Corporate Finance and Efficiencies, lists a politician as an employer, in his case newly-elected Mid and South Pembrokeshire MP Henry Tufnell.

Responding to the notice of motion, Cllr Beynon has previously said: “This motion, which appears to target my unique position as a Cabinet Member for Finance and part-time parliamentary employee, raises serious questions about its fairness, legality, and intent.

“At its core, this is a politically motivated motion that seeks to undermine the principles of fairness and freedom. It attempts to dictate lawful employment choices of councillors, disregarding the importance of balancing public service with individual rights. Such an approach risks creating a chilling effect, discouraging capable individuals from serving in public office in the future.”