Kinnock warns devolving justice to Wales would bring ‘more downsides than upsides’

Mark Mansfield

Former Labour leader Neil Kinnock has questioned the case for devolving justice to Wales, warning that transferring responsibility would bring “more downsides than upsides”.

Lord Kinnock said he remained unconvinced that devolution would make Welsh communities safer or the justice system more efficient, challenging a key demand of the Plaid Cymru government.

His comments contrast with those of former Lord Chief Justice Lord Thomas of Cwmgiedd, who recently said there were “no arguments of substance” against devolving justice and policing.

Speaking as part of a Newyddion S4C YouTube special on Prime Minister Andy Burnham’s first 100 days, Lord Kinnock said there would not be “much of an argument” against devolution if it meant that “Wales was better protected, that the streets were safer” and “that the justice system was more efficient”.

“But those guarantees are absent at the moment,” he said.

“Until they exist, until they’re in place, the upheaval of creating what would have to be effectively a new system with new management… with an introverted view of the justice system – there would be more downsides than upsides.”

He added: “Now that picture might change, but as I can see it now in October 2026, that’s where we are, there are more disadvantages than advantages.”

The Welsh Government argues that devolving justice would allow services to be tailored to Welsh communities and better integrated with devolved responsibilities such as health, housing and education.

Deputy First Minister and Minister for Social Justice and Equality Sioned Williams has highlighted the practical consequences of the division of responsibilities between Cardiff Bay and Westminster.

In July, she called for an early commitment to devolve justice and policing in a letter to the new Lord Chancellor, Alex Norris.

“We need to reduce the disproportionate impact on women of the ‘jagged edge’ between devolved and non-devolved responsibilities in the criminal justice system, including by ensuring that fewer women sentenced in Wales are held in prisons in England, far from their families and support networks,” she said.

Ms Williams also urged UK Ministers to revisit a decision not to fund a proposed Residential Women’s Centre in Swansea.

“I am looking forward to working constructively with the UK Government on justice in Wales,” she said.

Glasgow

First Minister Rhun ap Iorwerth met Mr Burnham in Glasgow on Friday, having identified the devolution of justice and policing as a priority.

Afterwards, he welcomed agreement on the need to revise Wales’ fiscal and borrowing powers, although his account did not announce a breakthrough on justice or policing.

Lord Thomas chaired the Commission on Justice in Wales between 2017 and 2019, whose final report recommended the full devolution of justice and policing.

Speaking recently to S4C’s Y Byd yn ei Le, produced by ITV Cymru Wales, he rejected warnings that separate systems could undermine cooperation on serious crime.

“I have considerable experience of criminal justice across Europe and criminal justice between Scotland and England and Northern Ireland. The fact that you have separate systems does not in any way impede cooperation,” he said.

Outcomes

On whether devolution would improve outcomes, he said: “Will it make people safer? And will it stop people going into a life of crime? On both those primary tests there is no doubt that devolving justice to Wales would make Wales a better place.”

Lord Kinnock’s son, Welsh Secretary Stephen Kinnock, has also questioned whether the case for transferring powers has been established.

Responding to his call for an evidence-based case, Lord Thomas said: “If he would read our report he’d see there is plenty of evidence and if he disagrees with it he can build a case based on evidence.”

In the same interview, Lord Kinnock said UK Labour’s decisions on winter fuel payments and welfare had turned disillusionment with the party in Wales into “active dislike” ahead of May’s Senedd election.