Crime and Policing Bill

Lord Hain Excerpts

Committee stage
Thursday 22nd January 2026 Lords Chamber

[Baroness Smith of Llanfaes (PC)]

My Lords, Amendments 433 and 434 are in my name. I thank the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Baroness, Lady Humphreys, for adding their names to both amendments, and the noble Lord, Lord Hain, for supporting Amendment 434. I look forward to hearing contributions from across the Committee on how we can ensure that policing and youth justice in Wales genuinely meet the needs of the people of Wales.

I will take the amendments in turn, beginning with policing. Amendment 433 would remove policing from the list of reserved matters in the Government of Wales Act, thereby devolving responsibility for policing to Wales. My case rests on two central arguments. The first is the current shake-up in police governance across England and Wales and what that means for Wales, and the second is the reality of how policing in Wales is already funded.

First, on governance, His Majesty’s Government’s proposal to abolish police and crime commissioners in England and Wales makes the amendment particularly timely. In England, PCC functions are expected to transfer to mayoral authorities. Wales, however, has no equivalent governance structures. That leaves a serious constitutional gap, with no clarity as to where those powers will ultimately sit. This moment therefore presents a clear choice: either Wales is left in a governance limbo or policing is devolved to the Senedd, allowing Wales to take responsibility for its own public safety. It cannot be right that devolved English regions, such as Greater Manchester, can exercise greater control over policing than the democratically elected legislature of Wales.

Secondly, on funding, what strengthens this argument considerably is the financial reality. My understanding is that in 2024-25 only around 43% of policing expenditure in Wales came from the UK Government. The remainder came from within Wales itself, with approximately 44% funded directly through council tax; in other words, the people of Wales are already paying for the majority of their policing.

It therefore follows that policing policy and priorities should better reflect Welsh needs and Welsh circumstances. The Welsh Government have, for example, used their health budget to support police officers working directly within the education system, engaging with young people on substance misuse, healthy relationships and cybercrime. This preventive work not only supports public health objectives but helps build trust between communities and the police.

The geography and demographics of Wales are markedly different from those in much of England. We have fewer large urban centres and many rural communities, where access to services is already challenging. Centralisation, often driven by cost-saving decisions made at a distance, has had a particularly damaging impact in Wales. Court closures provide a clear example—increasing travel times, costs and complexity for victims, witnesses, offenders and professionals alike. Within this context, policing must strike a careful balance, recognising Cardiff’s role as a capital city, while also addressing the unique challenges faced by rural communities, where service delivery is often more expensive and more fragile.

Wales is also a bilingual nation, yet the College of Policing, which trains officers for England and Wales, is not required to comply with the Welsh Language Act. Welsh-medium training for police embedded in Welsh communities should not depend on good will. It should be embedded as a core requirement. That too points towards the need for devolved control.

I turn to Amendment 434, which would remove youth justice from the list of reserved matters and devolve it to Wales. Youth justice is already, in practice, quasi-devolved. The services that young people most frequently interact with—education, health, social services—are all devolved. In Wales, the vast majority of young people who come into contact with the youth justice system are low-level offenders and many are dealt with out of court through youth bureaus. These bureaus run by Welsh local authorities take a public health and restorative justice approach. The Welsh Government’s child-centred framework, Children First, Offenders Second, has been widely recognised. Sometimes described as the “dragonisation of justice”, it reflects Welsh values and Welsh priorities.

Once again, funding tells an important story here. In 2022-23, around 64% of youth justice funding in Wales came from devolved sources. While more recent data is not publicly available, there is little reason to believe that this position has materially changed. That same year, the proportion of funding provided by the Ministry of Justice to Wales was lower than for any English region. For example, the Youth Justice Board core grant made up 44% of total funding in the north-east of England and 40% in the north-west. In Wales it accounted for just 24%. Once again, Wales is largely funding a system it does not control.

On the wider constitutional point, Scotland and Northern Ireland both have full responsibility for their justice systems and Wales remains the outlier. This is not an argument for devolution for its own sake; it is an argument for fairness, coherence and effectiveness. Many of the most powerful levers for reducing crime—health, housing, education and social care—have been devolved to the Senedd for over 26 years. Retaining justice powers here at Westminster fragments responsibility and weakens accountability. When systems fail, it is often unclear who is responsible, and communities pay that price. Welsh Labour’s 2021 manifesto committed to pursuing the case for devolution of policing and justice, as set out by the Thomas commission. We have had report after report, commission after commission. This is not a moment for further exploration, it is a moment for action.

Let Wales take responsibility for policing and youth justice. The people of Wales are already paying for these systems. They deserve the ability to shape them in line with their needs and values. The time is now. I look forward to the Minister’s response and hope that His Majesty’s Government will give serious consideration to these amendments as the Bill progresses through the House. I beg to move.

[Lord Hain (Lab)]

My Lords, I have not added my name to Amendment 433, but I have to Amendment 434. I am grateful to the noble Baroness for having tabled it.