(7Â months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Courts (Remote Hearings) Bill 2023-24 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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It is a great pleasure to serve under your chairmanship, Mr Twigg. I promise not to detain the Committee for much longer, but I want to lend my wholehearted support to my hon. Friend the Member for Warrington South for introducing the Bill.
As my hon. Friend set out, the Bill extends the availability of remote hearings in two instances where individuals have been arrested and detained in police custody. The first is for defendants in claims for breach of the terms of certain antisocial injunctions or certain family orders. The second is for a failure to pay either council tax or business rates. Those hearings could be conducted remotely from a custody suite, whereas at present they must be heard in person. The decision to hold a remote hearing will be set at the discretion of the judge after considering the representations of all parties. To be clear, in-person hearings will still take place if that is necessary.
Hon. Members will be reassured that despite the new powers, the number of hearings in either type of case is not expected to rise and charging decisions are independent of the availability of the court. The changes will establish important safeguards for the public and give magistrates, county and family courts greater flexibility and efficiency. That will enhance public safety.
Remote hearings mean that potentially violent individuals, such as those arrested for breaches of injunctions to protect the victims of domestic abuse, can be quickly and efficiently dealt with. Current arrangements mean that those defendants must be produced physically in court within 24 hours of arrest and the lack of court premises or judicial capacity, for example at the weekend, would result in their release back into the general population. That is something we are trying to avoid.
In closing, I reiterate my thanks to my hon. Friend the Member for Warrington South for introducing this important Bill, and I can confirm the Government’s support for it. I also want to thank the hon. Member for Ayr, Carrick and Cumnock for his support and my hon. Friends the Members for Stoke-on-Trent Central and for Bridgwater and West Somerset for their questions. I thank all hon. Members for their attendance this morning. This modest Bill provides remote hearings only when necessary and adds to the flexibility of the ways the courts operate without compromising any of the safeguards of our justice system.
May I conclude by thanking the Minister for his comments and for the support of the Government? He is absolutely correct in what he says: this short Bill will broaden the situations in which defendants can join court proceedings via audio or video link.
The Bill will specifically mean that breaches of non-molestation orders, occupation orders, antisocial behaviour injunctions and gang-related violence or drug-dealing injunctions can be heard remotely. That is particularly helpful for situations where someone is arrested and held at a time when a court is not sitting, such as a Sunday or a public holiday, when the clock is running down and individuals can only be held for 24 hours. It will also mean that secondary legislation can require that where someone has defaulted on an order to pay either their council tax or business rates, they can join a hearing remotely regarding their non-payment.
I conclude by saying that I am extremely grateful to all colleagues for attending this sitting and for the cross-party support that I have received. As the Minister said, we can now get on and make our courts more efficient.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported without amendment.