Following the recommendations of the Thomas Commission, the Independent Commission on the Constitutional Future of Wales, and the Labour Party Commission on the UK’s Future, the Welsh Government is pursuing the devolution of justice to Wales and believes there is a realistic prospect that some aspects may be devolved soon. As such, they are preparing for the possibility of a phased approach to devolution, starting with probation and youth justice.
The Welsh Government tasked WCPP with conducting research to support this preparatory work, focusing on the possible delivery mechanisms and pathways for devolution of the probation service, complementing other work undertaken by the Probation Development Group (PDG).
Our reports consider four main questions:
- What potential benefits could arise from the devolution of probation to Wales?
- What approaches and models to the delivery of probation could best realise the potential benefits of devolution?
- To what extent would benefits be realisable without primary legislation?
- What non-legislative considerations should be taken into account in devolving probation, and how could they be addressed?
Our Part 1 report provides an overview of key practical considerations and options for devolution, while Part 2 examines how various European countries organise their probation systems, with case studies that are relevant to Wales.
We present three principal options for devolution of probation to Wales:
- A memorandum of understanding (MoU) leading to the co-commissioning of certain services, similar to current arrangements in Greater Manchester and elsewhere;
- Transfer of executive responsibility without legislative competence, allowing Welsh Ministers administrative oversight of probation without any law-making powers; and
- Full legislative and executive responsibility giving the Senedd legislative power to create a Welsh probation service.
Each of these options has distinct advantages but also comes with trade-offs that will need to be carefully considered.
Our reports focus on how devolution of probation could allow policies to be pursued which improve the performance of probation, rather than as part of a broader nation-building agenda, in particular the opportunity for a better interface with already-devolved public services and to change the operating model and working conditions of the service.
We also highlight key considerations that will need to be addressed as part of any model, including workforce issues, regional governance, cross-border issues, and interaction with elements of the criminal justice system which will remain reserved, most notably the prison service.
Several other European countries have reorganised their probation systems over the last decade, largely in response to austerity, providing opportunities to learn from these experiences in developing any devolved probation service. One notable case is Belgium, which devolved aspects of its criminal justice system, including probation in 2014. Our Part 2 report provides reflections for Wales from European case studies on the key considerations for devolution outlined in Part 1.
Our report does not seek to recommend a specific route for devolution but instead considers the advantages and disadvantages of each. Each of the three options offers opportunities for improvements to be made to the existing service, while also presenting challenges which will need to be understood and addressed early in the devolution process.
The Deputy First Minister, Huw Irranca-Davies welcomed WCPP’s research. He said: “We are committed to the devolution of probation services in Wales, as recommended most recently by the Independent Commission on the Constitutional Future of Wales. I am grateful to the WCPP for the important part they have played in building a shared understanding of the options for delivering that commitment. The report has gathered an impressive body of international evidence, providing valuable perspectives on how probation services could be delivered differently to better meet the needs of people in Wales.”