Crime and Policing Bill

Lord Thomas of Cwmgiedd Excerpts

Wednesday 11th March 2026 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

When we had a debate in Committee, Wales was squeezed into the very short time we had on the Thursday afternoon before a debate had to start. It is no one’s fault but Wales is being squeezed again. It is now 11.30 pm and this is serious—it is no-one’s fault, and I am not blaming anyone; it is the way the cookie has crumbled. It seems to me that what we want is a proper debate. On the previous occasion, in inviting the noble Baroness to bring her amendments back, the Minister promised a fuller debate. At this hour of night, I do not really think that is sensible, but I will say two things.

First, as the parliamentary process seems to produce no proper forum for the discussion of these serious issues, and the Minister said he had very serious arguments to support the non-devolution of policing, will he agree to have a proper meeting about these things so that we can look at how policing has operated in Scotland and Northern Ireland to the benefit of those two nations, and how it could benefit Wales? Secondly, why is Wales treated as though justice were an island removed from Wales? Justice is not an island; it is an integral part of policy. Separating out areas of justice from the rest of internal affairs is almost, I think, unique across the world to Wales as a self-governing nation.

On the two particular matters, I do not want to add much about policing, but I want to say a word about youth justice. Since the debate in Committee, the Government have published A Modern Youth Justice System: Foundations Fit for The Future. If I may say so, with genuine respect—I put that in because, sometimes, it is said of lawyers that, when they say “with respect”, they mean without any respect at all, but I mean this with genuine respect—the foreword written by the Deputy Prime Minister, Lord Chancellor and Minister for Justice presents an irrefutable argument for the way in which youth justice must be properly aligned with other services.

What is fascinating about that paper, however, is that there is not a single word about what is to happen to youth justice in Wales. There are excellent arguments as to what is to happen in England. Had we had a debate at a sensible hour, I was going to weary your Lordships, I hope not unduly, by looking at the arguments so powerfully made by the Deputy Prime Minister. This is not the time to embark on that argument: I would weary noble Lords unduly at this hour of night. In the first debate on Report, however, the Minister rightly emphasised how important it was that the Government stuck to their manifesto commitments when emphasising why we had to have a respect order. In the face of a powerful argument that did not add anything to what we already said, he said that it was a manifesto commitment. I therefore hope he will be able to explain the manifesto commitment to look at youth justice and its devolution, and say what is to be done.

I found it very disappointing listening to the evidence of one of the Welsh Ministers, Mr Irranca-Davies, of the Senedd’s Legislation, Justice and Constitution Committee, when he was asked repeatedly about youth justice. He said that discussions were going on and they were working hard, but he could not say anything of any detail and hoped that they would be able to do something soon.

I very much hope for two things. First, I hope that the Minister and those who take a different view can have the opportunity for a robust argument, so that we can see what each side says. The report of the Silk commission, the report of the commission that I chaired, and the report of Rowan Williams and Laura McAllister’s commission all argued for the devolution of both these things, and no one has ever presented an argument as to why they are wrong. It seems to me that a robust discussion would be the best way forward.

I also hope that the Minister is able to explain tonight how the Government intend to honour the manifesto commitment and how the powerful logic of the Deputy Prime Minister’s arguments can be applied not merely to England—although I accept here, of course, that it is most important that they apply to England—but how they are to be applied to Wales.

[Lord Jones of Penybont (Lab)]

My Lords, the Minister will know that when I was First Minister of Wales, I strongly supported the devolution of policing, and my position has not changed. I fail to see why Wales alone, of the four nations of the UK, should not have the powers to shape policing and policing priorities.

I have heard arguments about crime being cross-border. Well, that is true of England and Scotland as well, and indeed of Northern Ireland and the Republic of Ireland for that matter. Simple co-operation between police forces is a way of overcoming that. I saw that in 2013 when we had the NATO summit in Newport. Police officers from all over the UK had come to help police that event.

The Minister will, I am sure, be relieved to know that I am not looking for him to agree with me tonight. I know the view of the UK Government that, currently, policing should not be devolved in Wales. Nevertheless, we now have a lack of clarity as to the future, because with the abolition of the PCCs, the suggestions that have been made about how policing will be made accountable in the future are based on English political structures that do not exist in Wales. We do not yet know what will happen in Wales. That is important because there are, of course, arguments that we have to make to ensure that Wales is properly recognised. Wales has its own civil contingency forum, language, laws and ways of policing that must be reflected in the future. With that in mind, does the Minister agree that a way must be found to take this forward? Will he agree to meet me, and perhaps others, to see how we can deliver better policing that nevertheless reflects Wales’s national distinctiveness?

I turn very briefly to Amendment 409B, in which I have a personal interest. This was a recommendation that came from the Brown commission, of which I was a part. Naturally, I fully support the devolution of youth justice. I was delighted to see this included in the manifesto that the Government were elected on in 2024 and I look forward to its delivery.