A new tribunal system for Wales - last chance to have your say

The situation in Wales

For many years, the Welsh government has put the case for justice to be devolved to Wales as it is in the other UK nations.

The delivery of justice in Wales is not just about the court system but about how that system integrates with all those devolved responsibilities - fundamental to the delivery of a justice system that is committed to social justice and problem solving.

To achieve this there is a need to move away from our archaic and outdated over centralised structure. In Wales this is very achievable because of the framework of devolved functions we already have and the way we already engage with the justice system. These principles are just as important to the delivery of justice in England, where the case for reform is increasingly gaining traction.

The Commission on Justice in Wales, chaired by Lord Thomas of Cwmgiedd, rightly concluded in its 2019 report that the justice system was failing the people of Wales. It also concluded there is no rational basis for Wales to be treated differently to Scotland, Northern Ireland and England, particularly as Wales has its own long legal tradition.

Tribunal reform – consultation closing Monday 2 October

As we pursue the case for change, our ambition is to ensure those elements of the justice system already devolved to Wales are an exemplar of what Wales can achieve.

Our proposals to reform the system of devolved tribunals - set out in our White Paper consultation 'A New Tribunal System for Wales' - are a fundamental contribution to this ambition and are an example of the improvements to the justice system we want to deliver.

Wales already has its own small, but significant, body of devolved tribunals providing effective and efficient access to justice for tribunal users. There are devolved tribunals grouped as the 'Welsh tribunals', such as tribunals dealing with mental health and education matters. Other devolved tribunals include the Valuation Tribunal for Wales and school admission and exclusion appeal panels.

Whilst there have been reforms over the years, each tribunal remains governed by its own standalone legislative framework.

The Commission on Justice in Wales and the Law Commission both concluded the system in Wales requires reform. The Law Commission review focused in-depth on the reform and its report Devolved Tribunals in Wales set out 53 recommendations which together made up a blueprint for a modern, unified and coherent structure for tribunals.

Our White Paper draws on both these expert reviews and their evidence for the need for change. It recognises a clearer, simpler, more effective and coherent way of operating the system of devolved tribunals in Wales is essential to the cause of delivering justice for the people of Wales. It also consults on creating a unified system comprising of a single First-tier Tribunal for Wales to absorb the jurisdictions of existing devolved tribunals, and an Appeal Tribunal for Wales. Proposals include coherent approaches to appointments and to setting rules for the new tribunal system, as well as greater independence from government for the way in which the system is administered.

The consultation will close on Monday 2 October. We welcome opinions on our proposals for reform both in response to the White Paper and going forward as we continue to develop the legislation required to implement the change we envisage.

The future

The reforms we propose to the system are an important indicator of the approach the Welsh government would take in designing and overseeing a devolved justice system.

Protecting judicial independence is a key objective. As part of our reforms, we propose to create structural separation between responsibility for operational and administrative functions for the new tribunal system and the executive and legislative functions of the Welsh government and of the Senedd respectively. We intend to do this by creating a statutory body that will have responsibility for administering the new tribunal system. Independence for devolved tribunals will therefore by protected by statute, a protection not currently afforded to devolved or reserved tribunals under current arrangements.

The effective delivery of justice is crucial to the way in which each one of us can make our voices heard and can enforce our basic rights. Securing change to improve the justice system for the people of Wales should be a fundamental concern for us all.

Mick Antoniw is Welsh government counsel general and minister for the constitution