Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘wales

Justice in Wales – a developing picture

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Until relative recently it was possible to state that, for all practical purposes, the justice system in Wales was the same as the justice system in England.

Since devolution began, following enactment of the Government of Wales Act 2006, this statement needs qualification. Following the passing of the Wales Act 2017, the pace of change has quickened.

Two major initiatives are in progress. First, an Independent Expert Advisory Committee has been looking at the operation of Justice in Wales. Second, the former Lord Chief Justice, Lord Thomas, has been commissioned by the Welsh Government, to undertake a review of justice arrangements in Wales.

Lord Thomas’s review is expected in Autumn 2019. This note reports on the first report from the Independent Expert Advisory Committee.

The Committee’s terms of reference are to:

  • review the operation of the justice system in Wales on an ongoing, periodic basis.
  • make recommendations that ensure that the justice system in Wales keeps pace with both Assembly and Parliamentary law making within the single jurisdiction.
  • monitor the effectiveness of administrative arrangements on justice in Wales and make recommendations to deliver efficient and effective justice services across the devolution boundary, building on examples of good practice and co-operation.

The report states:

The Committee is considering the effects of laws passed by the National Assembly for Wales and the UK Parliament on the operation of the justice system within the single legal jurisdiction in England and Wales and is working strategically to identify key challenges in the justice landscape in Wales, how they can be overcome and wider opportunities for better administration of justice.

These challenges and opportunities cover all areas of the single legal jurisdiction, including criminal justice arrangements; courts and tribunals; prisons and probation; legal practice and the judiciary.

The Committee is also monitoring any issues relating to the relationship between reserved and devolved tribunals.

The Committee is also considering the wider implications of policy developments in UK government on the operation of justice in Wales, in order to recommend sustainable long-term solutions that would improve delivery. This work provides opportunity for a structured approach to tackling challenges identified in this first report on the operation of justice in Wales.

The report also states:

The key issues the Committee are currently focusing on are divergence in laws and accessibility of Welsh laws. The main priorities are to ensure that the impacts on the justice system of diverging laws and legislation are properly identified, accessibility of Welsh laws is improved and that there is continually improving collaboration between the MoJ and Welsh Government officials.

This is therefore work in progress, the outcomes from which are not yet clear. But what is clear that over coming years the justice system in Wales will increasinly diverge from that in England – an issue on which lawyers both in England and Wales will need to take note.

The first report of the Independent Expert Advisory Committee is at https://www.gov.uk/government/publications/justice-in-wales-first-report-of-the-independent-advisory-committee-on-justice-in-wales

 

Written by lwtmp

September 20, 2019 at 9:51 am

The Wales Act 2017

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The Wales Act 2017 amends the Government of Wales Act 2006 by moving to a ‘reserved powers’ model for Wales. (This is the model that underpins the devolution settlement in Scotland.) The reserved powers model set out in the Act provides a clearer separation of powers between what is devolved and what is reserved to the UK Parliament. As a consequence, the Assembly has power to legislate on any subject except those specifically reserved to the UK Parliament. (One measure that has already been announced is that there will be legislation to rename the Welsh Assembly the Welsh Parliament.

The Wales Act 2017 includes a declaration that the Assembly (Parliament) and the Welsh Ministers and the laws that they make, are considered a permanent part of the UK’s constitutional arrangements and will not be abolished without a decision of the people of Wales. It is also declared that the UK Parliament will not normally legislate with regard to devolved matters without the consent of the Assembly, whilst retaining the sovereignty to do so.

The Act devolves further powers to the Assembly and the Welsh Ministers in areas where there was political consensus in support of further devolution. These include:

  1. Devolving greater responsibility to the Assembly to run its own affairs, including deciding its name;
  2. Devolving responsibility to the Assembly for ports policy, speed limits, bus registration, taxi regulation, local government elections, sewerage and energy consenting up to 350MW;
  3. Devolving responsibility to Welsh Ministers for marine licensing and conservation and energy consents in the Welsh offshore region; and extending responsibility for building regulations to include excepted energy buildings;
  4. Devolving power over Assembly elections; and
  5. Devolving powers over the licensing of onshore oil and gas extraction
  6. Aligning the devolution boundary for water and sewerage services along the border between England and Wales.

The most interesting provision from a Legal System perspective is that the Wales Act provides for establishing in statute a President of Welsh Tribunals to oversee devolved tribunals and allowing cross-deployment of judicial office holders. This could be the first step in the development of a more distinct Welsh legal system.

The Wales Act 2017 is at http://www.legislation.gov.uk/ukpga/2017/4/introduction/enacted

 

For recent comment on the possible development of a distinct system of justice in Wales, see the report of the Justice in Wales Working Group at http://sites.cardiff.ac.uk/wgc/files/2017/09/Justice-in-Wales-Working-Group-Report-Final-2.pdf, and the work of the Welsh Governance centre on Justice in Wales: http://sites.cardiff.ac.uk/wgc/justice-in-wales/

Written by lwtmp

October 6, 2017 at 1:04 pm

Posted in Chapter 3

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