Victims and Prisoners Bill

Lord Hope of Craighead Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, I declare my interest as someone who lives in Wales. I am most grateful to my noble and learned friend Lord Thomas of Cwmgiedd for the way he introduced this amendment, which, as I understand it, actually reflects the proper constitutional provision. This is, by common ground, a devolved area. The Senedd has competence to legislate for the creation and appointment of an independent advocate for victims of major incidents in Wales. The UK and Welsh Governments agree that is the case, so the Senedd could make provision for Wales. I note the Welsh Government also believe that their Ministers would be able to appoint a non-statutory advocate following an incident in Wales under general executive powers.

As it stands, therefore, we are legislating for a situation in which rival advocates could possibly be appointed at the same time. This may not seem a likely eventuality, but it would be easily prevented by this amendment. The only element of this part of the Bill in which the Senedd could not make provision with regard to Wales is that an advocate for victims appointed under the Bill would automatically secure interested person status in a relevant inquest under Clause 34, but an advocate for victims appointed by Welsh Ministers could still be given interested person status by a senior coroner if they consider them to have sufficient interest.

Clearly, it seems sensible for this legislation to cover both England and Wales, and so for the Welsh Government to be part of the scheme, but it is similarly sensible that the legislation reflects devolution, and enables Welsh Ministers to ensure that the advocate has knowledge in Wales and the necessary ability to do everything in Welsh. I remind the House that there is equal status between the two languages—in Wales, both English and Welsh are spoken—and the systems in Wales sometimes operate quite differently from systems in England.

The Secretary of State acting unilaterally in an area of devolved competence would not seem appropriate, and we need to avoid friction to strengthen the union. This is an opinion only and I am not speaking on behalf of Welsh Government at all, but the Counsel General expressed in the Senedd on 13 December that

“there needs to be specific account in terms of the role of Welsh Government and what would happen within Welsh situations were there to be a tragic event”.

I therefore hope that the amendment will be accepted and will require the consent of Welsh Ministers to be agreed, not simply a consultation. The problem with the consultation is that there is a real risk it could be tokenistic.

[Lord Hope of Craighead (CB)]

My Lords, Clause 28 does not apply to Scotland, which can have its own legislation to deal with this matter, but I am very much in favour of the amendment. I have gone over the ground of seeking consent many times in different situations, but in this one, where we are dealing with the choice of advocates, the choice matters very much indeed. I would have thought that there is great sense in the points made by the noble and learned Lord, Lord Thomas, that this is an area where the consent of Welsh Ministers is not only appropriate but required.

[Lord Wigley (PC)]

My Lords, I have not taken part in earlier discussions on this Bill for reasons outside my control, but it would be strange for me not to get on my feet to reinforce the points that have been so well made by noble Lords. This is an important matter as far as Wales is concerned. There needs to be clarity and co-operation, and that has to be on a proper basis. I suggest that these amendments would help facilitate that.