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The potential merits of the devolution of justice to Wales

Introduction

Broadly beginning in 2014 with the second report of the Commission on Devolution in Wales (Silk Commission), some stakeholders have suggested reforms for the provision of policing and justice in Wales. During discussion of the Wales Act 2017, the Government committed to the creation of a committee that would review justice provision in Wales.

The Independent Advisory Committee’s report was produced in July 2019. This contained recommendations on the accessibility of Welsh law and the potential divergences between law produced in the UK Parliament and that created by the Welsh Parliament.

In October 2019, the Commission on Justice in Wales (Thomas Commission) produced its final report. Its recommendation for the long-term future of justice in Wales was full legislative devolution of the justice system. The report also contained more immediate recommendations and assessed the current Welsh justice system.

Since then, the Welsh Government has introduced measures that enact some of the Thomas Commission’s recommendations.

Government response

The UK Government disagrees with the devolution of justice to Wales but has committed to working with the Welsh Government on some of the Thomas Commission’s other recommendations.