Question to the Ministry of Justice:

To ask His Majesty's Government what discussions they have had with Welsh Ministers and officials of the Welsh Government concerning the implications of the Victims and Prisoners Bill for the devolution settlement.

The Ministry of Justice has engaged closely with the Welsh Government at ministerial and official level throughout the drafting and passage of the Victims and Prisoners Bill to ensure the Bill reflects the current devolution settlement. The legislative consent motion process is engaged for clause 15 and Part 2 of the Bill.

A consultation ran on proposals for Part 1 of the Bill from December 2021 to February 2022. Following this consultation, Ministry of Justice officials engaged with Welsh Government officials on the proposals and sought their view on areas which relate to devolved matters. It was agreed between the Ministry of Justice and Welsh Government that clauses 12-14 would not apply to Wales due to existing commissioning arrangements for victim support services, however, clause 15 would apply to Wales.

The Bill was published in draft in May 2022 reflecting this position. A letter was sent from the First Minister of Wales to the then Secretary of State in December 2022 regarding the draft Bill stating that a legislative consent motion would be laid when the Bill was introduced confirming the Welsh Government were content with the devolution position in the Bill and no changes would be required. This letter also praised the engagement between the UK Government and Welsh Government on the Bill.

Following pre-legislative scrutiny, further measures (Parts 2 and 4) were added to the Bill. The Victims and Prisoners Bill was introduced to Parliament on 29 March 2023. Conversations took place with the Welsh Government, in particular on Part 2 of the Bill (creation of the Independent Public Advocate), to determine how Welsh Ministers would be included in the standing up of an advocate following a major incident in Wales.

Following introduction of the Bill, the Welsh Government informed Ministry of Justice officials that their position on devolution had changed and that they would lay a legislative consent memorandum stating that they would no longer consent to clause 15 applying to Wales in the form it was drafted, and that they considered that the clauses pertaining to the Victims’ Code engage the devolution process. This was laid in May 2023.

Letters have been exchanged between UK and Welsh Government Ministers and conversations have taken place between officials to seek to agree an updated position on devolution that satisfies both administrations. Following the changes made to Part 2 of the Bill during Commons Report Stage, conversations continue between officials on the application of these clauses to Wales.

A final position will be set out during Lords amending stages of the Bill.