WELSH LEGAL SYSTEM ‘UNFIT’
AM’S WARNING
COUNSEL General Jeremy Miles will today tell the representative body for solicitors that Wales’ current legal system is not fit for purpose.
Speaking at the Law Society’s launch event for the inaugural Justice Week in Wales, the Neath AM will say: “We must realise a vision for Wales that reflects the values and particular characteristics of Welsh society and is based on fairness, and social and economic justice, by developing a distinct justice system for Wales.
“One of the most profound challenges to a fair and equitable justice system is the increasing pressure brought about by repeated cuts in funding. In Wales we have experienced disproportionately higher cuts to legal aid compared to those for the whole of England and Wales. Legal Aid provision is facing a fundamental crisis in the UK today and we need to take action.”
Mr Miles will argue that current justice arrangements are not fit for purpose and that policing and justice need to be devolved in order to deliver a fair and equitable justice system in Wales. He will say: “Another major challenge facing the justice system in Wales is the integration of justice with public services. Our current system of government is complex and confusing and inconsistent with the rest of the UK and other decentralised legislatures across the world. This is largely due to the growing divergence between the laws in England and Wales and the UK Government’s wish to protect a single legal jurisdiction. This impacts upon our ability to provide efficient and effective, joined-up public services for Wales.”
Speaking about the inaugural Justice Week event Mr Miles will say: “It is important to bring justice and the rule of the law to the forefront of public and political thinking, especially during a time of significant change.
“Many of the events taking place this week will present an opportunity for discussions and debate about innovative solutions and I encourage all with an interest to get involved.”
Recently Mr Miles made a submission to the Commission on Justice in Wales in which he pointed out that Wales is currently the only country or region in the world with the right to make its own laws, but without its own legal system to enforce them.
Arguing that the anomaly is unsustainable, Mr Miles stated: “So far as the Welsh Government is aware, every ‘devolved’ legislature in the common law world has an accompanying legal jurisdiction, and every devolved legislature in the common law world has power to legislate on a coherent grouping of ‘domestic’ powers.
“Random examples include New Mexico (USA), New Brunswick (Canada), Nagaland (India) and the Northern Territory in Australia – the criteria for selection in this list simply being that their names began with ‘N’ and their population in each case is less than that of Wales.
“Indeed by international comparison the Welsh legal jurisdiction would not be small. Northern Ireland has a population of 1.7 million compared with Wales’ 3.1 million.
“Further afield, if Wales was an American state, of the US’s 51 legal jurisdictions, 20 would be smaller in population. Between Australia and Canada, the combined population of which is less than the UK, there are 20 legal jurisdictions and in each country more than half of the jurisdictions serve populations that are smaller than Wales’ – and in some cases they are smaller than Cardiff ’s.”