I think I would say that, obviously, the biggest effect of matters since we reported has been the pandemic and, to a lesser extent, Brexit. But can I concentrate on the pandemic, because that’s had the bigger effect on justice?
First of all, I think there is no doubt that it’s brought the workings of the justice system in Wales with the Government in Wales much closer together, and given the public a much better understanding that there is a difference in the law between England and Wales. And that is a continuing reminder. And I think nothing could show more the difference between the law of England and the law of Wales than the way legislation was handled during the pandemic. But I think also it has engendered a very good working relationship between the various agencies concerned with justice in Wales and the courts. I think you will want to come to some of those in some detail.
And secondly, I think it has shown the importance of the separation of powers. One of the curiosities of the way that legislation was passed in the pandemic—and I think Wales did better here than England—is distinguishing between strict law and what is called 'guidance'. You know, the law was very clear as to what you were allowed to do, where you were allowed to go, but it didn’t specify what might be reasonable, and that was contained in guidance. And I think that Wales did better than that in England.
And thirdly, I think that also it showed the importance that the police must act operationally independently, and they must make their own decisions, because the relationship between the police and the public is really something you can't afford to fracture, and I think allowing them to interpret and give their take on it, independent of any political views, was probably very important.
So, I think Brexit has been less important, though, obviously, from a constitutional point of view, later, no doubt, the frameworks will be very important.
So, that’s the first comment that I would make.
The second comment I would make is I do think that it really is important now to build on what has happened, and I think there are three things I would say. First of all, it’s very important that Wales has an institutional infrastructure for justice. I think that the work that's been done to put the tribunals on a proper footing and to bring them closer together and amalgamate things into them is helping to create a nascent justice institution. Because you need to build one, so it's much easier to transfer the courts when—and I think it's 'when' rather than 'if'—they are transferred.
Secondly, I do think that the one thing that would be useful to develop are various all-Wales bodies, particularly an all-Wales criminal justice board and an all-Wales family justice board. These are very important, because both crime and family issues are very important in Wales.
And the third, and I think that this is important, is that there is much closer co-ordination, particularly with regard to issues to which I've referred, between what I would call the rest of Government, particularly health and education, and justice. We, I think, said in our report that justice was, from the English Government's point of view, a sort of island that floated around without any close co-ordination, and I think that bringing these institutions particularly closer together, so you have an operating system.
The second thing that I will say very briefly is that Wales has got to show it can deliver better than England, and no doubt over the pandemic there's some evidence that that has happened.
And thirdly, I think that much more needs to continue to be done to use the economic advantages of law. I mean, it may surprise many that, across the world, certainly in areas of commercial law, the lawyers have had one of their best years ever. It is noticeable in London and noticeable in New York and other cities, and I think the economic advantages need to be underscored. And those are the three things I would look to the future to concentrate on, those three.
But one final observation is that there is, going through the House of Lords at the moment—it's been through the Commons, but it'll no doubt go back there, because there are so many things the Government itself has added to the Bill—the Police, Crime, Sentencing and Courts Bill, and it struck me, listening to the debates on that, that there are so many things that it would actually be easier and better to achieve if justice had been devolved in Wales, particularly now that it's more accepted in Whitehall that health and education go much more closely with preventing crime, dealing with some of the many issues that arise, but also areas such as cautions, where you need a consistent policy across an area. There are many areas where I think it would have been much better if justice had been devolved, but that's a longer term observation rather than something immediate, which the other three points I made were debated to.