Senedd members urged ministers to press ahead with urgently needed reforms of the Welsh tribunal system or risk leaving the courts unable to cope with demand.
Adam Price, Plaid Cymru’s shadow justice minister, warned the clock is ticking on the Welsh Government’s proposals to modernise and unify Wales’ tribunal system.
The proposals followed 2021 recommendations for reform from the Law Commission, which warned the devolved tribunals evolved haphazardly and “it is difficult to call them a ‘system’”.
But, with only a year to go until the next Senedd election, the Welsh Government has rejected calls to commit to bringing forward a tribunal bill before the end of term.
Mr Price, whose partner is a judge in the non-devolved tribunal system, described ministers’ refusal to commit to the “absolutely crucial” legislation as deeply troubling.
‘Negligence’
“We need this legislation now,” he said. “It’s essential to resolve the significant operational, financial and administrative challenges facing Welsh tribunals today.
“Delaying this essential legislation is not prudent governance. It’s negligence, actually.
“It risks leaving our tribunals unable to cope with current demands, let alone future responsibilities, such as youth justice or education appeals. It weakens Wales’ justice infrastructure and compromises our commitment to fair and accessible justice.”
Contributing to a debate on the Welsh tribunal president’s annual report, Mr Price called for full transparency around plans to devolve further parts of the justice system to Wales.
He said: “Anything less, in our view, would be an abdication of responsibility – leaving Wales’ justice system underserved, undervalued and ill-prepared for the challenges ahead.”
‘No guarantee’
Labour’s Mike Hedges, who chairs the Senedd’s justice committee, similarly stressed the importance of introducing legislation on tribunals as soon as possible.
The Tories’ Paul Davies echoed this position. He also raised concerns about training, with the judicial college having no remit to train devolved tribunal members.
Rhys ab Owen, a former barrister who sits as an independent, pointed out that the report – the first since Sir Gary Hickinbottom became president – was published 10 months ago.
“My concern is this mirrors slow progress with the reform of the Welsh tribunals,” he said.
He added that use of the Welsh language remains low in the legal system.
Mr ab Owen warned: “If it doesn’t happen before the 2026 election, there is no guarantee that it will happen at all. I think it’s quite something how strongly in favour the president of the Welsh tribunals was for reform in his report – that cannot be ignored.”
‘Fully committed’
Responding to the debate on March 11, Julie James said the first minister will make a statement on the Welsh Government’s legislative plans shortly after Easter.
Ms James, who is counsel general, the Welsh Government’s chief legal adviser, said: “We’re still fully committed to reforming the devolved tribunals.
“But I’m not in a position to say yet whether the tribunals Bill will make it into that programme. There is much competition for space in year five.”
Ms James told the Senedd the Welsh tribunals budget has increased from £4.1m to £6m.
“That’s a real commitment to making sure our tribunals have the resources they need,” she said. “We’ve reinstated pay parity for tribunal members, with an 8% uplift, bringing their pay in line with those in the reserved system.”