The Law Society has cautiously backed the potential transfer of more justice powers from Westminster to Cardiff, but warned against a ‘sudden devolutionary spasm’.

In a new discussion paper* on the future of justice in Wales, Chancery Lane also stresses that further devolution must also be properly costed, and funded by the Treasury.

Devolution campaigners have achieved little since the landmark Thomas Commission report of 2019 recommended that Cardiff wrest control from London of both justice and policing. Only very limited progress has been made on Thomas’s 78 recommendations, because the Conservative government at Westminster would not consider the transfer of more reserved powers. Hopes are high in some quarters that the political climate may be more propitious under Labour.

The Society expects the devolution of justice to become a ‘key policy matter’ for the Senedd over the next few years. 'Part or full devolution of justice, if implemented and funded appropriately, offers significant potential opportunities to the people of Wales, alongside significant risk if not planned, funded, and implemented in a coherent and timely way,' the discussion paper says.

Society head of Wales Jonathan Davies added: ‘The Welsh government must put the political, policy and delivery frameworks in place prior to the start of any devolution of justice functions. For example, we will continue to echo the importance of a minister for justice which would create a much-needed budget line for the sector. This idea of evolution, not revolution, will ensure that both the sector and Welsh government are fully prepared.’

Chancery Lane stresses that there should be no barriers to cross-border practice for solicitors, and urges the preservation of a single regulatory framework. This partly reflects its hosility to the potential creation of an entirely separate jurisdiction, which some believe would improve access to justice in Wales. 

Any move toward a separate jurisdiction ‘carries great risk’ says the Society. ‘Distinct, not separate’ is the language it uses.

Elsewhere, the discussion paper highlights serious concerns around ‘legal deserts’, solicitor recruitment and crumbling court infrastructure in Wales, calling for the UK and Welsh governments to take urgent action. It also laments the dearth of Wales-specific data on the legal sector, without which 'it is very difficult to develop fully detailed improvement plans'.

Chair of the Law Society’s National Board for Wales, Mark Davies, said: 'I am deeply concerned about the growing legal advice deserts across our country. Access to justice is a fundamental right, yet many communities in Wales are being left without the vital legal services they need and deserve.

'If a case does manage to proceed, the paper notes that the court system in Wales is physically and technologically outdated with 30% of solicitors describing that they simply didn’t feel safe in the courts citing "broken heating, antiquated sewage systems, mould, asbestos, and leaking roofs".’  

* From Caernarfon to Caerdydd: Reimagining Justice in Wales 2030

 

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