Issue - meetings

In accordance with the Notice of Motion received under Section 4.19 of the Constitution, Councillor Elfed Wyn ap Elwyn will propose as follows:-

“The Council calls on the Westminster Government to devolve powers over justice (the Courts, Prisons, the Police, the Probation Service and other associated powers) and create a Welsh Legal Jurisdiction.”

The Council calls on the Westminster Government to devolve powers over justice (the Courts, Prisons, the Police, the Probation Service and other associated powers) and create a Welsh Legal Jurisdiction.

Submitted - the following notice of motion by Councillor Elfed Wyn ap Elwyn in accordance with Section 4.20 of the Constitution, and it was seconded:-

The Council calls on Westminster Government to devolve powers over justice (the Courts, Prisons, the Police, the Probation Service and other associated powers) and create a Welsh Legal Jurisdiction.

The member set out the context to his motion, noting that:-

·         Wales is the only country with the ability to create legislation, but without its own legal authority, and that the complications that arise from this arrangement means that difficulties arise between the Senedd and Westminster, with the policies crossing on key matters, and the Senedd using its budget to pay for services it doesn't have power over, as well as expensive court cases.

·         That many negative changes had been regarding the legal system in Wales over the last ten years, with 23 crown / magistrate courts closing, which meant that more people had to travel further for justice, especially people living in rural communities and areas.  Also, cutting the legal support for people in need means that many were suffering from health and mental health problems from worrying about court cases, and this, with time, has led to more stress for the National Health Service. 

·         That devolving the powers over justice and creating a new system would mean that Wales could take a different route to develop a better legal service for the people of Wales. Scotland and Northern Ireland have their own legal authority, as well as the Isle of Man, Jersey and Guernsey; even areas in England have more power over elements of the law than Wales. It is time for our nation to have the same powers to move forward in order to diminish the complicated situation that currently exists.

·         It was believed that it was important that the Councillors push these national matters for the benefit of the people of the country, and by bringing these matters before the Council, we start key discussions, that move our communities forward and create systems that work for us.

Many other members expressed support to the notice by noting:-

·         That this was a basic error in the way Wales was operating and that it was essential that our legal system reflects our values and who we are as Welsh people.

·         That we needed the power, not only over this, but everything, and that there was a need to look after ourselves as a country and get independence for Wales.

·         That the notice by Cyngor Gwynedd calling for independence over different systems / administrations was a certain and necessary step forward.

·         That it was not unusual, under the current arrangement, for court cases to be moved at short notice from the court in Caernarfon to Chester.

·         That we have the infrastructure, the courts, and so forth, in Wales, but that the old system was managing it all in England.

·         That the statistics prove that the justice system managed from Westminster was not working at all,  ...  view the full minutes text for item 13