Welsh Government commissions research to investigate devolution of justice to Wales
Emily Price
The Welsh Government has commissioned a programme of research to investigate the potential devolution of justice and policing functions to Wales.
The programme of work will respond to various commissions into the constitutional arrangements in Wales and their findings around justice as well as contributing and building upon existing research relating to the devolution of justice.
Handing over the responsibility of police, courts and prisons to Wales is a commitment in the Welsh Government’s Programme for Government 2021-26 and is supported by Plaid Cymru.
The Welsh Government says the “ultimate objective” is to pursue the devolution of justice “entirely”.
But ministers say a “phased approach” is the only “practical” way to manage it.
It’s been supported by several independent or cross-party commissions including the Thomas Commission (2019), the Silk Commission (2014) and most recently the Commission for the Constitutional Future of Wales (2024).
Support
In order for justice and policing to be devolved to Wales there needs to be an initial agreement between the government in Westminster and the Welsh Government – then legislation to make it happen.
But devolving justice to Wales is not included in UK Labour’s manifesto.
During a general election interview in June, the now Secretary of State for Wales Jo Stevens branded such move as as “fiddling around with structures and systems”.
Speaking to S4C’s Catrin Haf Jones, she said: “No one would be forgiven for trying to rip up and reconstruct the Home Office and the Ministry of Justice at a time when crime is blighting our streets.”
The former Counsel General Mick Antoniw said at the time that such comments are “often made during the course of general elections”.
We asked the Welsh Government how the new Labour UK Government factors in to their plans to press ahead with devolving justice to Wales – but we did not receive an answer.
Welcoming the new programme of research, the Law Society Head of Wales, Jonathan Davies, said: “We welcome this announcement and very much look forward to seeing the scope and detail in the finalised tender”
A Welsh Government spokesperson said: “We issued a tender on 26 July, which is open until 4 October, for a programme of research to contribute to the evidence base for the possible devolution of justice and policing powers and functions, as set out in the Programme for Government.”
Voice
Plaid Cymru says devolving justice has been the will of the Senedd for some time and that UK Labour are “happy to deny Wales its voice”.
A spokesperson said: “Following various commissioned pieces of work, we know that the devolution of policing and justice is the only way to tackle the injustices in the current system.
“Inequality is built into the heart of our justice system, with crime in Wales at an all-time high it’s vital that we give ourselves the best opportunity to tackle these issues head on.
“Plaid Cymru are clear: there cannot be any further delay in devolving policing and justice, and we won’t accept mere crumbs on the table if we are to create a distinct Welsh legal system that answers Welsh problems.
“If the promise of two Labour governments working together means anything, then Welsh Labour must go beyond simply explore options for the potential devolution of policing and justice functions to Wales and secure these powers from their colleagues in the UK Labour Government. “
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‘We asked the Welsh Government how the new Labour UK Government factors in to their plans to press ahead with devolving justice to Wales – but we did not receive an answer.’
That says it all. UK Labour clearly have no desire to enact this, despite all the commission reports that have recomended the devolution of police and justice. Their contempt for Wales is appalling.
Whatever happens with law making if we get it, what ever laws are made, Reforms ARTD will be claiming to overturn it if they get power. Sorry, Tory ARTD, not reform. Hard to tell nowadays.
So, how much are they going to waste on this research. What will be the research question? WG have never been able to successfully manage ANY of their devolved responsibilities. Basically, they can’t keep chickens.
Funding for our country is dictated by the Barnett formula, Lord Barnett said that this system puts us at a disadvantage, as the funding we get, does not meet the needs of our country, and the system should be scrapped as it is not fit for purpose. With this as the starting point, our Gov is restricted, how do we improve health education etc if we are underfunded . We cant keep chickens, because we are not given the money to feed them.
So Westminster is a shining example of good government is it?
This is a waste of time and money. Extra devolution is dead in the water, ask the SNP.
If this is a waste of time and money, why is the law society welcoming this move, they represent solicitor’s in this country, and are an independent body. If they think it a good idea, why is it a waste.
It depends on what you’re trying to say; its far from clear. But the example of winter fuel allowances should make people aware of potential stitch ups. The Scottish Parliament were due to take control of that next year, but Reeves’ decision to means test it results in a £160M cut to the block grant, through Barnett consequentials. Even though its a Westminster Labour cut, Scottish Labour are trying to blame the SNP for cutting a benefit they’ve never had control of. Needless to say, much of the London based media are parroting that narrative. The Senedd will almost certainly… Read more »
How many millions will this investigative discussion cost for them to finally drop the whole idea in the end? Why not go for the full independence and get it over with instead of faffing around with bits and pieces?
Always found it odd that two thirds of our emergency services are devolved. It’s time we had policing under the control of Welsh communities too.
With policing and justice devolved to Scotland and N Ireland, policing devolved to both Manchester and London, 3 independent commission reports recommending devolution to Cymru of policing and justice, the law society and Labour Gov agreeing the whole system us close to collapse, why the need for more naval gazing. Lawyers, solicitor’s and former police and crime commissioners also agree this should happen why procrastinate, just do it.
There has been two devolution commissions in the past. First being 2002 Ivor Richard commission that basically argued for the then Assembly to become a legislature. New Labour largely kicked it’s recommendations into the long grass until in its death throws the UK Labour government had to agree after the Plaid/Welsh Labour “One Wales Agreement” , which meant they had to agree to a legislative referendum in 2008 which meant also once out of power the Tories begrudgingly had to implement a referendum because it was an act of parliament. The second was the Silk commission. It was more adventurous… Read more »
As pointed out in the article, crime in Wales is now at an all-time high under UK government control. This is hardly a great reason to keep justice under Westminster control.
No doubt all the commissions will be staffed by the elites families and friends & all on the public purse……
Starmer wants to keep GB United, I doubt we will have any further devolved powers unless we take more aggressive action in Cardiff Bay.