The Welsh government has today published a white paper proposing a unified and expanded tribunals system for Wales. It is expected to lead to the creation of Wales’s first-ever appellate body, the Appeal Tribunal for 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.
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 opposed. Tribunals is one area where the Welsh government does have the power to act.
The proposals outlined today include creating a First-tier Tribunal for Wales with a chamber structure; an Appeal Tribunal for Wales; and greater independence in the way the system is administered, through a new arms-length body.
In 2022 the Welsh government endorsed the Law Commission’s report Devolved Tribunals in Wales, which itself called for the creation of a unified system comprising a First-Tier Tribunal divided into chambers and an Appeal Tribunal for Wales.
Mick Antoniw, counsel general for Wales and minister for the constitution, said: 'We have two main objectives in reforming tribunals in Wales. Firstly, we want to create a modern tribunal system focused on access to justice, with people confident their disputes will be handled justly, efficiently and quickly. The legislative framework underpinning tribunals is now outdated so these reforms will lead to a clearer, simpler and more coherent system.
'Secondly, the reforms continue to lay the foundation for a future where justice is devolved, with Wales administering its own wider system of courts and tribunals. We retain the belief that this is the best way to deliver better outcomes for the people of Wales.'
Sir Gary Hickinbottom, president of Welsh Tribunals, said: 'I am delighted that the Welsh Government are bringing forward [these] proposals. This provides a tremendous opportunity to put in place a structure for our current tribunals that will enable us to provide a better service for tribunal users.'
The white paper is open for consultation until 2 October.
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