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
Maenclochog care home turned down after community concerns
A CARE HOME scheme for a Pembrokeshire village, which saw objections from the local community council after youngsters had ‘absconded’ from similar sites locally, will need a formal application, planners have said.
In an application to Pembrokeshire County Council, Future Nest Care Ltd, through agent Evans Banks Planning Limited, sought a certificate of lawfulness to allow the use of dwelling house Brynawel, Maenclochog as a care home for two youngsters between the ages of five and 16 with specific needs.
A supporting statement said the youngsters would be supported by three qualified and experienced staff members during the day and two at night; the certificate of lawfulness application made to establish that formal planning permission is not required to use an existing two-storey detached dwellinghouse into a residential care facility to accommodate two children, supervised 24/7 by staff.
It added: “The proposed use is designed to provide a safe, nurturing, and family-style environment to help the young residents develop essential life skills and prepare for independent living. The residing youngsters will attend local schools or colleges and participate in community life, in the same manner as any young person living in a traditional family home.
“The qualified and experienced staff will prepare those children for their re-introduction back into a life without supervised care. The residing youngsters would attend the local school or further education college, as would any youngster under 18 living in a family home.”
However, Maenclochog Community Council objected to the proposals after residents expressed their concerns.
In its objection, it said: “This proposal has raised significant concern within the village, particularly as there are already multiple provisions for similar accommodation on the outskirts of Maenclochog.
“In the past, young people accommodated at these facilities have frequently absconded, leading to repeated searches across the surrounding area. This history heightens local anxiety regarding the introduction of further such provision within the village.”
It added: “Neighbouring residents have not been consulted regarding the proposed change of use, which has led to unease and a lack of confidence in the applicants’ intentions and in the suitability of the site for this form of development.”
It went on to say: “Before any decision is made, Maenclochog Community Council strongly believes that local residents should be afforded the opportunity of a public consultation. While the proposal may represent an economic decision for the property owners, it has wider implications for the village and its residents.”
An officer report recommended refusal of the certificate of lawfulness, concluding that “a material change of use would occur in relation to the proposed use of the site and as a result a certificate of proposed lawful use cannot be granted”.
In refusing the lawfulness call, planners said “the frequency of staff changes and the number of vehicle movements associated with the proposed use of the property would be materially different to those associated with its lawful use as a dwelling,” the material change of use to a care home requiring a formal planning application.
Business
New facilities at Haverfordwest Target Shooting Club agreed
A CALL by a Pembrokeshire shooting club for more disability-friendly facilities has been given the go-ahead by county planners.
In an application to Pembrokeshire County Council, Haverfordwest Target Shooting Club, through agent Andrew Sutton Architecture, sought permission for an extension to existing target shooting club building at The Firing Range, Withybush Road, Haverfordwest to improve accessibility and internal facilities, together with associated landscaping works.
A supporting statement said: “The club’s own published history states it was founded in 1968, moved from the Drill Hall to the old wartime airfield butts at Withybush by the early 1970s, and had developed facilities over time, including the clubhouse by 1999. The established leisure/community use has existed on the site for a number of years and the proposal does not seek to intensify the core activity beyond that already authorised/established.”
It added: “The primary objective of the scheme is to improve inclusive access to the club’s facilities for disabled users and those with reduced mobility. The internal arrangement will provide adequate entrance and lobby space, clear accessible routes and appropriately designed sanitary accommodation, including an accessible wetroom/shower and separate WC.”
It also said accessible parking and surfacing designed to provide a firm, even, slip-resistant route from parking to the principal entrance.
It added: “The Equality Act 2010 places duties on service providers to make reasonable adjustments so that people with additional access needs are not placed at a substantial disadvantage.
“The proposal is therefore a positive enhancement to a community/leisure facility and supports wider policy objectives for inclusive environments.”
It went on to say: “The club operates within a highly controlled environment, and the proposed works will maintain and enhance safety and security measures.”
The application was conditionally approved by planners.
News
Watchdog criticises health board over £10m GP contract checks
A HEALTH board has been criticised by Audit Wales after GP contracts worth more than £10m were awarded without sufficient due diligence checks.
Aneurin Bevan University Health Board allowed a GP partnership associated with eHarley Street Primary Care Solutions to take on eight GP contracts in south-east Wales, with a combined annual value of around £10.1m.
Audit Wales said the board should have carried out greater scrutiny before approving the arrangements, including checks on financial resilience, workforce plans, business risks and the partnership’s ability to manage several practices at once.
However, the watchdog found no evidence of fraud and noted the board was dealing with significant pressure in general practice, including vacant contracts and limited interest from other bidders.
The report said weaknesses in governance and scrutiny contributed to later disruption and uncertainty for patients and staff when problems emerged.
Concerns included financial and workforce pressures, unpaid invoices, and issues relating to tax and pension payments. Some contracts were later handed back, requiring the health board to step in to protect services.
Natasha Asghar MS, Welsh Conservative Shadow Cabinet Minister for Health and Social Care, said the findings were “deeply concerning”.
She said: “Patients and staff were left facing disruption and uncertainty because proper scrutiny was not carried out before these contracts were awarded.
“The Welsh Conservatives believe lessons must be learned to ensure robust checks are in place, protect frontline services and restore confidence in primary care across Wales.”
Aneurin Bevan University Health Board accepted the recommendations and said it had already strengthened its processes.
Audit Wales said the case highlighted the need for stronger checks before GP contracts are transferred, particularly when a single partnership is taking on multiple practices in a short period.
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