Politics
Time for Welsh justice for Wales
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
Cwm Deri Vineyard Martletwy holiday lets plans deferred
CALLS to convert a former vineyard restaurant in rural Pembrokeshire which had been recommended for refusal has been given a breathing space by planners.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Barry Cadogan sought permission for a farm diversification and expansion of an existing holiday operation through the conversion of the redundant former Cwm Deri vineyard production base and restaurant to three holiday lets at Oaklea, Martletwy.
It was recommended for refusal on the grounds of the open countryside location being contrary to planning policy and there was no evidence submitted that the application would not increase foul flows and that nutrient neutrality in the Pembrokeshire Marine SAC would be achieved within this catchment.
An officer report said that, while the scheme was suggested as a form of farm diversification, no detail had been provided in the form of a business case.
Speaking at the meeting, agent Andrew Vaughan-Harries of Hayston Developments & Planning Ltd, after the committee had enjoyed a seasonal break for mince pies, said of the recommendation for refusal: “I’m a bit grumpy over this one; the client has done everything right, he has talked with the authority and it’s not in retrospect but has had a negative report from your officers.”

He said the former Cwm Deri vineyard had been a very successful business, with a shop and a restaurant catering for ‘100 covers’ before it closed two three years ago when the original owner relocated to Carmarthenshire.
He said Mr Cadogan then bought the site, farming over 36 acres and running a small campsite of 20 spaces, but didn’t wish to run a café or a wine shop; arguing the “beautiful kitchen” and facilities would easily convert to holiday let use.
He said a “common sense approach” showed a septic tank that could cope with a restaurant of “100 covers” could cope with three holiday lets, describing the nitrates issue as “a red herring”.
He suggested a deferral for further information to be provided by the applicant, adding: “This is a big, missed opportunity if we just kick this out today, there’s a building sitting there not creating any jobs.”
On the ‘open countryside’ argument, he said that while many viewed Martletwy as “a little bit in the sticks” there was already permission for the campsite, and the restaurant, and the Bluestone holiday park and the Wild Lakes water park were roughly a mile or so away.
He said converting the former restaurant would “be an asset to bring it over to tourism,” adding: “We don’t all want to stay in Tenby or the Ty Hotel in Milford Haven.”
While Cllr Nick Neuman felt the nutrients issue could be overcome, Cllr Michael Williams warned the application was “clearly outside policy,” recommending it be refused.
A counter-proposal, by Cllr Tony Wilcox, called for a site visit before any decision was made, the application returning to a future committee; members voting seven to three in favour of that.
Climate
Fishguard ‘battery box’ scheme near school refused
PLANNERS have refused a Pembrokeshire ‘battery box’ electricity storage unit near a Pembrokeshire town school, which has seen local objections including fears of a potential risk to nearby school children.
In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, AMP Clean Energy sought permission for a micro energy storage project on land at Fishguard Leisure Centre Car Park, near Ysgol Bro Gwaun.
The application had previously been recommended for approval at the November meeting, but a decision was deferred pending a site visit.
The scheme is one of a number of similar applications by AMP, either registered or approved under delegated planning powers by officers.
The battery boxes import electricity from the local electricity network when demand for electricity is low or when there are high levels of renewable energy available, exporting it back during periods of high demand to help address grid reliability issues; each giving the potential to power 200 homes for four hours.
The Fishguard scheme, which has seen objections from the town council and members of the public, was before committee at the request of the local member, Cllr Pat Davies.
Fishguard and Goodwick Town Council objected to the proposal on grounds including visual impact, and the location being near the school.
An officer report said the scheme would be well screened by a Paladin Fence, with a need to be sited close to an existing substation.
Speaking at the December meeting, Ben Wallace of AMP Clean Energy conceded the boxes were “not things of beauty” before addressing previously raised concerns of any potential fire risk, saying that “in the incredibly unlikely” event of a fire, the system would contain it for up to two hours, giving “plenty of time” for it to be extinguished, an alarm immediately sounding, with the fire service raising no concerns.
“These are fundamentally safe, the technology is not new,” he said, comparing them to such batteries in phones and laptops.
One of the three objectors at the meeting raised concerns of the proximity to homes and the school, describing it as “an unsafe, unsustainable and unnecessary location,” with Cllr Jim Morgan of Fishguard Town Council, who had previously raised concerns of the “nightmare scenario” of a fire as children were leaving the school, also voicing similar issues.
Local county councillor Pat Davies, who had spoken at the previous meeting stressing she was not against the technology, just the location and the potential risk to pupils, said the siting would be “a visual intrusion,” with the school having many concerns about the scheme, adding it had been “brought forward without any dialogue of consultation with the school”.
Cllr Davies added: “It is unacceptable that a micro-storage unit should be proposed in this area; someone somewhere has got it wrong.”
Following a lengthy debate, committee chair Cllr Mark Carter proposed going against officers in refusing the scheme; members unanimously refusing the application.
Climate
Fears Sageston wind turbine scheme could affect bats
AN APPLICATION for a wind turbine nearly 250 foot high on the road to Tenby, recommended to be turned down due to a lack of information on how it could affect bats, has been put on hold.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Constantine Wind Energy Ltd sought permission for a 76-metre-high wind turbine at Summerton Farm, Sageston.
Back in 2024, an application to replace a current 60.5m high turbine on the site with one up to 90 metres, or just under 300 foot, at the site was refused on the grounds its height and scale would have a detrimental impact on the visual amenity of the locality, with the additional clause of failing to comply with supplementary guidance.
A report for committee members on the latest application says the smaller turbine than previously proposed, representing a 16-metre increase in height from a previously granted turbine “would not be sufficient for it to become an overbearing feature in the landscape,” with no objections from either the Council Landscape Officer or Natural Resources Wales.
However, concerns were raised by the council ecologist that the applicant’s Preliminary Ecological Appraisal Report was incomplete.
“The Council Ecologist questions why the response received in relation to myotis bat records were not included within the initial PEA. As such, he considers that the PEA does not present enough information on the possible presence of bats within the application site area.
“Whilst there may be negligible foraging and commuting potential, there are records of foraging on grassland within two kilometres which have positive identification of myotis bat foraging, along with greater and lesser horseshoe bat foraging. He also notes that the application site is in close proximity to a wooded area.”
It was recommended for refusal on the grounds that appraisal report, and technical note, “do not adequately address the impact of the proposed wind turbine on bat activity in the area”.
At the committee meeting, members heard the scheme had been temporarily withdrawn to deal with issues raised, the application expected to return to a future meeting.
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