Mark Mansfield
A former Lord Chief Justice has said there are “no arguments of substance” against devolving justice and policing to Wales, suggesting resistance stems from a reluctance to diminish the role of MPs in London.
Lord Thomas of Cwmgiedd, who chaired the Commission on Justice in Wales between 2017 and 2019, also rejected warnings that transferring policing powers could undermine cooperation on serious crime.
Speaking to S4C’s Y Byd yn ei Le, produced by ITV Cymru Wales, he challenged Welsh Secretary Stephen Kinnock’s concerns that devolution could “jeopardise” efforts to tackle offences such as county lines drug dealing.
“It is an argument that is without any real substance,” Lord Thomas said.
“I have considerable experience of criminal justice across Europe and criminal justice between Scotland and England and Northern Ireland. The fact that you have separate systems does not in any way impede cooperation.”
His comments come as First Minister Rhun ap Iorwerth seeks a “new deal” for Wales, including powers over policing and justice, in a letter to Prime Minister Andy Burnham.
Mr Burnham has said he is “open” to devolving policing, while Mr Kinnock has argued that the test is whether it would deliver better outcomes for people in Wales.
Lord Thomas said: “Will it make people safer? And will it stop people going into a life of crime? On both those primary tests there is no doubt that devolving justice to Wales would make Wales a better place.”
The commission’s final report recommended the full devolution of justice and policing. Seven years after its publication, only three of its 78 recommendations have been implemented, according to the programme.
Asked about Mr Kinnock’s call for an “evidence-based” case, he said: “If he would read our report he’d see there is plenty of evidence and if he disagrees with it he can build a case based on evidence.
“The fact that he has not done that suggests that there is no argument against it.”
He added: “It seems to me that the only rationale can be that there is extreme reluctance to see the role of the MPs in London diminished in some respect.”
Labour’s 2024 UK general election manifesto committed to “consider” devolving youth justice and “explore” the devolution of probation.
Asked where devolution should begin, Lord Thomas said: “The really important place to start is with the police.
“The police operate across every aspect of the way in which we live…
“As they are the part of the system that are closest to the people it’s sensible to deal with that first. It is easiest to do that because the police force has to operate independently of government control but the policy it has can easily be transferred as a first step.”
Mr ap Iorwerth is expected to meet Mr Burnham, alongside the first ministers of Scotland and Northern Ireland, at the end of October.
‘Strong case’
Responding to Lord Thomas’s comments, a Wales Office spokesperson said: “When it comes to further devolution, if there’s a strong case where new powers can help deliver opportunities for the people of Wales they will always be considered with interest.
“What matters is what works – and our focus is on working with the Welsh Government to empower local leaders and communities to deliver good growth and jobs in every Welsh postcode.”
Y Byd yn ei Le is available on S4C, S4C Clic and BBC iPlayer.
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