UK Government warned not to ignore cross party support for devolution of justice

Calls to devolve policing and youth justice to Wales have been renewed in the House of Lords, as Plaid Cymru warned the UK Government not to ignore growing cross-party support for transferring justice powers to the Senedd.

During a on the UK Government’s Crime and Policing Bill, Plaid Cymru peer Baroness Carmen Smith of Llanfaes urged ministers to reconsider their position on devolving policing and youth justice.

Baroness Smith tabled amendments seeking to remove the two policy areas from the list of matters reserved to Westminster under the Government of Wales Act 2006, which would allow the Senedd and Welsh Government to take responsibility for them.

Speaking in the Lords, she argued that the current system leaves Wales in an unusual position, where most policing costs are met locally while key decisions remain with the UK Government.

“The abolition of police and crime commissioners fundamentally reshapes the governance of policing,” she said. “In England, functions will move to mayoral authorities, yet Wales has no equivalent structures.

“It is logical that the Welsh Government should be part of the answer to the newly created gap.”

She also highlighted the funding balance for policing in Wales, noting that in 2024-25 only around 43% of police spending came from the UK Government, with the remainder funded through Welsh Government contributions and council tax.

The debate attracted support from across the political spectrum.

Former First Minister Carwyn Jones, now Lord Jones of Penybont, said Wales should have the power to determine its own policing priorities, pointing out that Scotland and Northern Ireland already operate separate justice systems.

Former Welsh Secretary Paul Murphy, now Lord Murphy of Torfaen, also indicated that the question of justice devolution should now be reconsidered.

Crossbench peer and former Lord Chief Justice of England and Wales Lord Thomas of Cwmgiedd highlighted the absence of a clear forum for discussing Welsh justice policy and urged ministers to engage seriously with the issue.

Liberal Democrat peer Baroness Humphreys of Llanrwst supported the amendments, suggesting that youth justice could provide a practical starting point for phased devolution.

However, responding for the UK Government, Home Office minister Lord Hanson of Flint confirmed that the government does not intend to devolve policing as part of current reforms.

He acknowledged that policing governance is being reviewed following the planned abolition of police and crime commissioners but said the changes were not linked to devolution.

The debate follows an earlier exchange in the House of Commons in which Home Secretary Shabana Mahmood rejected calls to transfer policing powers to Wales when questioned by Plaid Cymru Westminster leader Liz Saville Roberts.

Despite the UK Government’s stance, calls for justice devolution have continued to grow since the Commission on Justice in Wales, chaired by Lord Thomas of Cwmgiedd, reported in 2019.

Full devolution

The commission concluded that the justice system was failing Wales and recommended the full devolution of justice powers, including responsibility for policing, prisons and the courts, along with the creation of a separate Welsh legal jurisdiction.

The Welsh Government has repeatedly backed the recommendations.

In its 2022 policy document Delivering Justice for Wales, ministers described justice devolution as essential to building a modern and accountable legal system.

Deputy First Minister Huw Irranca-Davies reaffirmed that position in 2025, stating that the Welsh Government continued to support full justice devolution but that the process would likely need to be phased.

Youth justice

Some areas, including youth justice and probation, have been identified as possible first steps because of their close links with devolved services such as health, housing and education.

Officials from the Welsh and UK governments are currently exploring options for closer cooperation in youth justice policy, while work is underway to develop a memorandum of understanding covering aspects of probation services in Wales.

Speaking after the Lords debate, Baroness Smith said the level of cross-party backing for reform was becoming increasingly difficult for ministers to ignore.

“It is clear there is overwhelming support for devolving policing and youth justice,” she said.

“Wales deserves fairness and accountability. If the UK Government ignores this consensus, it risks sidelining the voices of Welsh citizens who already fund these essential services.”