The Welsh government will today begin consulting on a unified and expanded tribunal system for Wales, as it continues to push for further devolution of justice to Cardiff. A White Paper will be introduced in the coming months, counsel general and minister for the constitution Mick Antoniw MS will announce.
The move comes ahead of a Senedd debate on the President of Welsh Tribunals Annual Report - Sir Wyn Williams’ final report as president. Williams will be replaced next month by former Court of Appeal judge Sir Gary Hickinbottom, once the most senior solicitor judge in England and Wales.
While powers over the Welsh justice system remain largely reserved, Wales has a number of devolved tribunals, each operating under its own legislation. Some - including mental health, agriculture and the Welsh language - are grouped as the ‘Welsh Tribunals’ under the supervision of the President of Welsh Tribunals. Others, including school admission and exclusion appeal panels, operate separately.
The purpose of the planned reform is to 'improve coherence in the system and improve people’s access to justice', said Antoniw.
Unifying tribunals that determine disputes in both civil and administrative law was one recommendation of the Commission on Justice in Wales, set up by the Welsh government in 2017 and chaired by former lord chief justice Lord Thomas of Cwmgiedd. The commission recommended that Cardiff take full control of justice policy and funding from London, but the government at Westminster remains implacably opposed. Tribunals is one area where the Welsh government does have the power to act.
In 2022, the Welsh government endorsed the Law Commission’s report Devolved Tribunals in Wales, which called for the creation of a unified system comprising a First-Tier Tribunal divided into chambers and an Appeal Tribunal for Wales.
Antoniw said: ‘Bringing these tribunals together – and establishing an appellate court in Wales for the first time – will give the nation a simple, modern and fair tribunal structure. It is another step towards designing a coherent and high-performing justice system for Wales.
‘I want to be very clear that judicial independence is the guiding principle for the way in which judicial institutions are supported in Wales. This will not be lost in these tribunal reforms. The case for further devolution of the justice system is now well-established and we look forward to justice and policing being devolved to Wales so we can deliver a better system for citizens, communities and businesses. Until then, tribunal reform is an excellent example of how we can use the levers at our disposal now to pursue a whole-system, person-centred approach to justice.’
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