Commission on Justice in Wales

Kenny MacAskill Excerpts

Wednesday 22nd January 2020 Westminster Hall

[Kenny MacAskill (East Lothian) (SNP)]

I concur with the point made by the hon. Member for Islwyn (Chris Evans) and others. I am contributing here not because I am a nationalist Member, but because this is about the best contribution to the administration of justice in Wales. I have great sympathy with my colleagues in my sister party, Plaid Cymru, but I am not commenting on that basis. The irony is that I am commenting because I was asked to contribute to this particular commission’s report. It was thought that the points and the experience that I have, having been Justice Secretary of Scotland for almost seven and a half years, would be of benefit.

I was happy to contribute, because there are lessons to be learned. There are things that we have done right that Wales can follow and emulate, and there are pitfalls that Wales can avoid. There are also mistakes, which hopefully Wales will not replicate. No system in any Administration is perfect, and it is very hard to deal with challenged and challenging people, because they frequently make irrational decisions despite the best endeavours of those trying to look after them. There are lessons and there are similarities, because the demographics are similar. The challenges in many instances are the same: alcohol abuse, deprivation and inequality, all of which are the drivers of criminal offending.

We have to recognise that a small minority in every society in every country in the world are career criminals. They make a decision to break the law, and prison is an occupational hazard. The only way we can deal with them is through law enforcement—through the offices of the police and the courts, and thereafter by the prison service. Thankfully, they are few. The overwhelming majority of people who come into the clutches of the justice system, if it can be called that, do so because they face challenges and are challenged; they are often with difficulties. That does not obscure or condone what they have done, and it does not mean that they should not pay a penalty for it, because people have to be held to account.

One of the most significant points I made to the commission was to address the issue of alcohol. In Scotland, Wales and, indeed, England, as night follows day, as strong drink is taken to excess, issues arise. There is sense in having a symmetry and an assimilation of powers because, at the end of the day, the overwhelming majority of the people we are dealing with—whom we are required to deal with, as our citizens—come from our communities where services have failed, or where the services that look after them are based. They are accountable to the Government of Wales, in many instances.

We also have to remember that those who are incarcerated —other than a few who will not again see the light of day, but they are very few; a handful in Wales and a handful in Scotland, thankfully—will return to our communities, and they have to be dealt with in our communities. On that basis, the best way to administer justice for them is on a more local basis.

A great comment was made by the hon. Member for Cardiff North (Anna McMorrin) about symmetry with Scotland. There are still challenges, because Scotland is on a journey itself. As Justice Secretary, I had, in the main, responsibility for all aspects of justice. I was rarely down in these parts until I was elected last month. I first came down to meet Jacqui Smith when she was Home Secretary, and I returned finally to meet to Theresa May when she was Home Secretary. I met Justice Ministers and other Home Secretaries in between, but I did not really have a great deal of requirement, other than for the odd meeting with Jack Straw or Ken Clarke. That does not mean that there were not issues.

The Justice Secretary every week—as Government Ministers will do—signs off warrants for interception and covert surveillance, which are invariably related to firearms are narcotics. It will come as no surprise that responsibility for both of those is reserved to Westminster, which brings challenges. We had to seek the devolution of powers to address, for example, the licensing of air weapons, which have been welcomed in our communities. Similarly, as we seek to tackle alcohol abuse, we sought the devolution of powers over the alcohol limit for drivers. There is a journey there, but I was happy to make that comment.

Equally, I can also say that I was asked for a meeting by the Police Federation, brokered by the Scottish Police Federation, about a move towards a single police service in Wales. I know that that has not been greatly touched on in the commission’s report, but I was happy to say in the presence of the Scottish Police Federation, which supported a single Police Service of Scotland, and to the four Welsh forces representatives, that it makes sense. Not only should justice be accountable in Wales in terms of the legal services, but the police should be accountable there too, so it would make sense for a police service of Wales to exist, rather than having individual constabularies.

There are challenges. Police numbers have dropped significantly. One way to address that is to try to preserve frontline forces and reduce the back-office services and all the accommodation that goes with having four chief constables. That on its own is not a sufficient remedy, but it would be much better to do that, by creating a police service of Wales, than to strip those constables’ powers and pass serious organised crime to the National Crime Agency, leaving the police as some glorified security service patrolling housing schemes, whether in the valleys or the cities.

Those are the issues needing to be addressed. Structural change is necessary. Bringing those elements together is essential, but there are other issues that are touched on through policy. Legal aid is challenging. Scotland is not perfect by any means. I have to say that I was a legal aid practitioner for 19 years, and it shames me that I had to preside over cuts, but there was no alternative. It was not so much the implementation of swingeing cuts, and certainly not the abandonment of core services, because we tried to protect them, but it has been challenging under austerity.

I do not say that things are perfect in Scotland, but we have tried to ensure that legal aid is not simply for those in extremis and not simply for those in involved in criminal justice. Some of the solution has to be evidentiary changes. Until such time as we can reduce the drain on the legal aid fund from the criminal expenditure, it will be difficult to protect the civil cases that are fundamental. Scotland has done much better in preserving the rights of people to apply for legal aid on immigration and employment issues, which matter in communities. There are challenges. No legal aid lawyer will jump up and say, “Whoopee! Kenny MacAskill was fantastic, and his Government did a wonderful job.” They will say that there are issues, which there are, but we have managed to protect the system and provide some integration, so that it is not about criminal justice alone.

The hon. Member for Islwyn (Chris Evans) was correct to raise the issue of female offenders. They are a distinct group with challenges that do not apply in the main. That is not to say that women should not go to jail. We do not take that position in Scotland. Sadly, a ladette culture has come about and, in extremis, women do bad things for which at the end of the day they must go to prison, because no other tariff is available. However, far too many women go to prison—even in Scotland, although we are reducing the numbers—for offences that occur because of their circumstances. As the hon. Gentleman eloquently said, the fact of the matter is that there are knock-on effects, which do not relate to male prisoners, such as children going into care, resulting in an escalation down through the generations and those who have suffered continuing to suffer.

I always remember the money we poured into—

[Graham Stringer (in the Chair)]

Order. I know the hon. Gentleman is newly elected to the House. Normally in these debates, the Scottish National party spokesperson has five minutes. Because we have time, I have been generous, but I would be grateful if he focused primarily on the topic of the debate, namely the Commission on Justice in Wales.

[Kenny MacAskill]

My apologies, Mr Stringer. Legal aid and the position of women was touched upon in particular by the commission, because there are serious issues there. That must be addressed. Their needs are distinct, the challenges are different, and we must deal with that if we are to break the cycle of offending down through the generations.

Equally—this is why it comes back to the requirement for synergy and, indeed, the devolution of powers—serious violence has been mentioned. Violence is a culture. That is why alcohol abuse must be addressed. The proposal of the commission must be supported. At the end of the day, these issues must be pulled together. The lack of education suffered by many, the failure of social workers to pick up the needs and challenges of individuals, and the inability of people to obtain work are all issues we must bring together. Not all those issues are devolved to the Welsh Assembly at the moment, but many are. If we are to have a successful justice policy—something that all parties and Administrations seek, because it is their fundamental duty to secure the safety of their people—we must bring all this together.

To conclude, there is merit in seeking the devolution of these powers not for devolution’s sake, but for the better administration of justice for the people of Wales.