Crime and Courts Bill [Lords]
Debate between Baroness Chapman of Darlington and Oliver Heald(11 years, 3 months ago)
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The Solicitor-General
I shall start by speaking to the Government amendments, but I should also like to hear the comments of the right hon. Member for Blackburn (Mr Straw), the hon. Member for Darlington (Jenny Chapman) and my hon. Friend the Member for South Swindon (Mr Buckland), if he arrives. I shall start with amendments 22, 57 and 58.
As hon. Members will be aware, the Government are making a number of changes to the judicial appointments process, including to the selection process for the Lord Chief Justice and the heads of division. As part of the changes, the details of the selection process that are currently in the Constitutional Reform Act 2005 will move into secondary legislation. There are many reasons for doing that, and many improvements are being made. There is an urgency to this, however, because the Lord Chief Justice is about to retire and we hope that it will be possible to deal with the new appointment and any consequential appointment of a head of division under the new system rather than the old. The amendments aim to achieve that by briefly inserting the new selection process into the 2005 Act, so that it applies to the appointment of Lord Judge’s successor. I must stress that it will be a transitory measure and will cease to have effect after the appointment of the next Lord Chief Justice and any consequent head of division. It is then intended that the secondary legislation will follow.
Amendments 25 to 55 deal with the technical aspects of the change to the Lord Chancellor’s role in the judicial appointments process, including the transfer to the Lord Chief Justice or the Senior President of Tribunals, as appropriate, of the power to decide upon selections made by the Judicial Appointments Commission for certain judicial offices below the High Court. The Government intend to retain the Lord Chancellor’s role in all other aspects of these appointments, particularly terms and conditions for fixed-term judicial appointments where a fee is paid. However, the Bill currently transfers the power to renew, or to refuse to renew, fixed-term judicial appointments to the Lord Chief Justice and Senior President of Tribunals. Amendments 25 to 55 therefore amend schedule 13 so that that power is retained with the Lord Chancellor. They ensure that, in exercising that role, the Lord Chancellor must, as now, if deciding not to renew a fixed-term appointment, comply with any requirement to secure the consent of the Lord Chief Justice or Senior President of Tribunals.
Amendments 23 and 24 also deal with the selection process for judicial appointments and the move from primary to secondary legislation. As part of these changes, the original idea was to move the requirement for there to be on the commission a commissioner with special knowledge of Wales into secondary legislation, but on further consideration, the Government decided that it was important to retain an appropriate level of input by a lay member of the commission with a special knowledge of Wales and that that requirement should remain in primary legislation. The amendments therefore reinstate the requirement in the 2005 Act that those selecting persons for appointment as commissioners should ensure, as far as practicable, that there is at least one lay commissioner with special knowledge of Wales.
Amendment 59 relates to the judicial deployment provisions in schedule 14. The objective is to give the Lord Chief Justice more flexibility in deploying judges to different courts and tribunals. That supports an important objective for the Government because it means that judges can be used efficiently. Individual judges will also benefit, if they have a wider breadth of experience and can develop their judicial careers as a result. The policy was brought forward in partnership with the judiciary and the aim has always been to move forward collectively in the delivery of our shared aims and objectives. After further consultation with the judiciary and further thought, it has been decided that the particular skills and experience needed in the Crown court mean that it should be removed from the flexible deployment provisions. Those matters should be dealt with by Crown court judges, as happens now.
Amendments 10 to 21 are technical and minor amendments dealing with the single family court provisions. I can be brief, because there is only one point of substance. At the moment, magistrates courts can vary maintenance orders registered with them, but because in future the family courts will be able to issue those orders, it is necessary to provide that magistrates will no longer have that variation power, which will lie with the family courts—a victory for the Committee, the other place and, of course, the Government.
New clause 5 relates to the appointment of the chief executive of the UK Supreme Court. I am confident it will be welcomed. A new clause along similar lines was tabled in the other place and again here in Committee. The Minister for Policing and Criminal Justice said at the time that we were going to discuss the matter with the powers that be. The appointments process for the chief executive of the UK Supreme Court has been discussed with the president of the Court, and I am pleased to report that those discussions have been successfully concluded, and the Government have therefore tabled the new clause with the Court’s agreement. Thus the president of the UK Supreme Court, not the Lord Chancellor, is responsible for the appointment of the chief executive. It is no longer necessary for the chief executive to agree the staffing structure with the Lord Chancellor, and the provision also clarifies that the Court’s officers and staff will be civil servants—something that needed to be done.
New clause 6 deals with broadcasting in the Supreme Court. To clarify matters, clause 28 expressly disapplies section 9 of the Contempt of Court Act 1981, which prohibits sound recordings in court, to facilitate court broadcasting below the UK Supreme Court. It looks odd not to confirm at the same time that the Supreme Court is able to be exempt, so new clause 6 achieves that. Let me be clear that this is about clarifying the matter; there is no question that this has caused any problem in the past.
Amendments 60, 77, 78 and 82 make consequential amendments. I now reach the point where I can say that I am looking forward to hearing the right hon. Member for Blackburn and other colleagues presenting their new clauses and amendments.
Jenny Chapman (Darlington) (Lab)
I shall address my remarks to the Government amendments, but also to new clause 7, which deals with bailiffs, and amendment 100 on judicial diversity.
Let me start with a positive. We are pleased that the Government have seen fit to include new clause 5. These provisions were debated favourably in the other place and were introduced by the Opposition in Committee. The creation of the Supreme Court was, I think, an excellent achievement of the previous Government and it is right that Ministers have accepted the argument put to them by the Opposition and many in the profession for a further transfer of powers to strengthen the Court’s independence. We welcome the Government’s agreement with the recommendations and their decision to include in the Bill these important changes.
Continuing on a positive note, we completely accept the other Government new clauses and I am sure that you, Mr Deputy Speaker, will be pleased that a member of the Judicial Appointments Commission will have special knowledge of Wales in the future.
Amendment 100 was tabled by my right hon. Friend the Member for Blackburn (Mr Straw). I have not heard what he is about to say, but I feel confident that I should agree with it. The Opposition are strongly in favour of that amendment. My noble Friend Baroness Hale gave a lecture a few weeks ago, in which she stated she was going to
“start by taking it for granted that judicial diversity is a good thing.”
For the purposes of this debate, I shall use a few more words to echo the arguments that will be put by my right hon. Friend the Member for Blackburn, but I think the House will agree that my noble Friend also speaks with considerable expertise on this issue.
The Government have recognised in the Bill that diversity in our judiciary is desirable, and unless we hold with the idea that talent is innately concentrated in one social group, we must acknowledge that for every exceptional judge we have, we are losing out on able candidates because we do not do enough to find them. Measures to support diversity seek not to give credit where it is not due, but to encourage ability wherever it may be found. We have seen many instances where it has been argued that merit and diversity are mutually exclusive, but we have argued that a diverse judiciary is not artificial or missing out on talent—it is quite the other way round. Diversity matters in both principle and practice. A judiciary that incorporates a range of voices, backgrounds and experiences brings more to the table. The differences, as Baroness Hale put it,
“add variety and depth to all decision-making.”
The Solicitor-General
Under the Legal Services Act 2007, the legal ombudsman only investigates cases about the service provided to the customer; it deals only with legal services that have been badly provided. If we were to say, “Oh well, let’s include bailiff services”, that would be very nice for the creditor, who would be able to report to the legal services ombudsman, but it would not help the debtors. They are the people for whom the hon. Lady is speaking, but they would not be able to complain to the legal services ombudsman because a service is not being provided to them.
Jenny Chapman
It was not me who made that suggestion; it came from the legal services ombudsman. So clearly there is a way around this matter and the Minister may wish to explore that a bit further. His intervention shows that the Government are not going to do this, but we would like them to commit to a robust complaints procedure to sort out the problems that our constituents face. They deserve access to a robust complaints procedure when things go wrong, as they too often do, so we hope that hon. Members on both sides of the House will support our proposal.
The Solicitor-General
Of course, there are unique circumstances in Northern Ireland, as we know, and indeed as we have discussed today in other contexts. The point I am making is that an agreement was reached in the other place on the way forward and I think that we should give it a chance. I agree with the right hon. Member for Blackburn that there has been a disappointing performance since 2005, and I am happy to make it clear from the Dispatch Box that I share his concerns about that. We have tried to do a good deal about it in the Bill. The other point I will make—I do not know how far I can take this—is that we are about to see appointments to the Court of Appeal and to very high positions in the judiciary, and there are some very good candidates who are women, but we will have to see what the outcome will be.
Turning to bailiff regulation, new clause 7 echoes an amendment that was agreed in the other place but later removed from the Bill in Committee. New clause 17 proposes a role for the court in relation to every warrant and provides for the judiciary to compile an annual report on bailiff complaints for the Lord Chancellor to consider. My hon. Friend the Member for South Swindon (Mr Buckland) made a compelling argument on the need for a firm response to the misbehaviour of rogue bailiffs and suggested that one way of doing so would be through the court and its procedures. The Government’s approach, which I will come to shortly, is set out in the response to the “Transforming Bailiff Action” consultation, which was published on 25 January. It sets out the reforms that will tackle what we consider to be the root problems of the complaints about bailiffs. It introduces safeguards for debtors and, equally, allows creditors to collect money they are owed, which I think all parties agree is necessary.
It remains our belief that the package of reforms offers the most effective and proportionate response to the problem of aggressive bailiffs and that it will render unnecessary some of the cost and bureaucracy inherent in the proposals of the hon. Member for Darlington (Jenny Chapman) and the Opposition. It will be a new world, if I may put it that way.
The Government’s reforms centre on part 3 of the Tribunals, Courts and Enforcement Act 2007—the background is one of all-party consensus—and they do six things. They remove antiquated, confusing laws and clarify what the powers of bailiffs are, so those powers will be known. Regulations that we will publish this summer and aim to implement in April 2014 will set out what goods can and cannot be seized. There will also be a clear and fair charging regime. It is iniquitous for a bailiff to turn up at a door to collect three debts and then demand three fees when he has made only one visit.
Jenny Chapman
In the interests of moving the debate along, I have made it clear that we do not disagree with the Government on any of those things. Our point relates to when things go wrong. If the Solicitor-General could respond to that, perhaps we could make some progress.
The Solicitor-General
The point is that these things have not been happening, but they will happen under the Government’s reforms. They will change the landscape. That is why the word “transforming” is in the title of the consultation—they will transform things. The enhanced certification and mandatory training will make a difference and we all agree that that is a good thing. The county court certificate to practise, which a judge can withdraw on complaint, and the offence of not having a certificate when attempting enforcement are powerful new remedies that did not exist before.
The hon. Lady mentioned the legal ombudsman. It is difficult to see how the system would work effectively under her proposal. Eighty per cent. of the cases are local council cases, so the local government ombudsman will be available for complaint. That is a remedy, but the hon. Lady is complicating things by suggesting that there should be another remedy on top of it. A certification complaint is one possible route of complaint and strong remedy, as are court procedures, which my hon. Friend the Member for South Swindon has mentioned, and the local government ombudsman. The hon. Lady also mentioned a whole host of internal complaint schemes and she wants to put another scheme on top of them, but her proposal will not work legally. She is trying to patch her proposed scheme on to the Legal Services Act 2007, but the legal ombudsman looks only into complaints about the service provided to the customer, and in these circumstances the customer is the creditor. It would be nice for the creditor to have an avenue of complaint, but that would not help the debtor.
Jenny Chapman
The Solicitor-General will forgive me for saying that he is repeating himself. My point is that we want a simpler ombudsman service, under which there would be one ombudsman for complaints about bailiffs. That would be far simpler and I do not know why the Solicitor-General feels the need to repeat his earlier comments, which have already been dealt with.
The Solicitor-General
The hon. Lady’s case is compelling in the sense that there are a lot of problems with bailiffs and their misbehaviour and that that needs to change. There is cross-party support for six changes that will change the landscape, but she is saying, “Oh, we want one more thing,” but that one more thing happens to be half-baked legally and would not do the job, so I have to make that point. Of course, it is wrong to repeat things over and over again, but I am trying to get the hon. Lady to agree that hers is not a sensible proposal.
The Solicitor-General
I have failed to persuade the hon. Lady, but I will certainly not make a concession. I hope she will forgive me in due course. I am sure she will.
Although we believe that the underlying causes of most, if not all, complaints will be dealt with by our reforms, officials are working with the advice sector to consider once more the types of complaints received. They will work with them to ensure that they are adequately addressed in the regulations, which are due in the summer.
The reforms are a significant step forward and it is worth giving them a chance. I know that the hon. Member for Darlington knows that in her heart of hearts. We are confident that our reforms will have a positive effect on bailiff action. It is time for action and something is now being done. The Bill responds to the concerns that inspired new clause 7. My hon. Friend the Member for South Swindon has pointed to some useful powers that can be held in reserve. It may be that in due course we will have to go that step further in court. We have given a commitment to review the reforms. That will happen one, three and, if necessary, five years after their introduction. We are working with stakeholders to ensure that there is a robust framework.
The Government are being reasonable and pro-active, so I ask the House to support the reforms. I urge the hon. Member for Darlington not to press new clause 7. My hon. Friend the Member for South Swindon said that new clause 17 was a probing amendment so I hope that he will not press it. I say to the right hon. Member for Blackburn that we are disappointed, but we are doing a lot in the Bill. Is it not right to trust the Lord Chancellor and the Lord Chief Justice, when they are given a statutory duty such as the one in the Bill, to come up with a plan that works?
Amendment 22 agreed to.
Schedule 10
The Family Court
Amendments made: 10, page 166, line 12, after ‘court’ insert ‘and to be varied by that court’.
Amendment 11, page 167, line 15, leave out paragraph 8 and insert—
‘8 (1) Section 4 (variation etc of orders registered in a magistrates’ court) is amended as follows.
(2) In subsection (1) (orders in relation to which section 4 applies) for “orders registered in magistrates’ courts” substitute “High Court orders registered in the family court”.
(3) In subsection (2)(a) (court of registration may vary rate of payments specified by order)—
(a) for “court of registration” substitute “family court”, and
(b) for “original court” substitute “High Court”.
(4) In subsection (2)(b) (general rule that variation of rate of payments specified by registered order is to be by court of registration) for the words from “court of registration” to the end substitute “family court.”
(5) Omit subsections (2A) to (2C), (5A), (5B) and (7).
(6) In subsection (4) (power of court of registration to remit application for variation of rate of payments to original court)—
(a) omit “it appears to the court to which”,
(b) after “registered order” insert “and it appears to the family court”,
(c) for “original court”, in both places, substitute “High Court”, and
(d) for “first-mentioned court” substitute “family court”.
(7) In subsection (5) (other circumstances in which original court has jurisdiction to vary rate of payments) for “original court” substitute “High Court”.
(8) In subsection (6A) (with the exception of power to make provision as to means of payment, magistrates’ courts in England and Wales have no power to vary certain orders made by Court of Session or by High Court in Northern Ireland)—
(a) for the words before “variation” substitute “Although such an order as is mentioned in this subsection may be varied under section 1 of the Maintenance Enforcement Act 1991 as applied by section 4A(2) of this Act, no application for any other”,
(b) for “any court” substitute “the family court”,
(c) for “that court” substitute “the family court”, and
(d) for “section 1(2)” substitute “sections 1(2) and 2(6A)”
(9) In subsection (6B) (no application to be made to a magistrates’ court for variation of certain orders) for “any court” substitute “the family court”.’.
Amendment 12, page 167, line 36, leave out ‘or an officer of that court’.
Amendment 13, page 167, line 39, leave out ‘or an officer of that court’.
Amendment 14, page 177, line 37, leave out ‘or an officer of the court’.
Amendment 15, page 177, line 40, leave out ‘, or an officer of the court,’.
Amendment 16, page 181, leave out lines 21 and 22.
Amendment 17, page 181, line 23, leave out ‘paragraphs 3 and’ and insert ‘paragraph’.
Amendment 18, page 182, line 10, leave out ‘paragraphs 4 and 5’ and insert ‘paragraph 4’.
Amendment 19, page 183, line 7, leave out ‘22,’ and insert ‘22(2),’.—(Oliver Heald.)
Schedule 11
Transfer of jurisdiction to family court
Amendments made: 20, page 188, line 14, leave out sub-paragraphs (3) to (7) and insert—
‘( ) For subsections (1A) to (1E) (powers of magistrates’ courts in England and Wales to vary registered orders) substitute—
“(1A) The family court may exercise the same powers in relation to an order registered in the family court under this Part of this Act as are exercisable by the family court under section 1 of the Maintenance Enforcement Act 1991 in relation to a qualifying periodical maintenance order (within the meaning of that section) which has been made by the family court, including the power under subsection (7) of that section to revoke, suspend, revive or vary any means of payment order (within the meaning of that subsection) made by virtue of this subsection.”’.
Amendment 21, page 216, line 37, column2, at end insert—
‘In Schedule 2, paragraph 3(3).’.—(Oliver Heald.)
Schedule 13
Judicial appointments
Amendment proposed: 100, page 224, line 42, at end insert
‘Each of the Lord Chancellor and the Lord Chief Justice must at all times engage in a programme of action which is designed—
(a) to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in England and Wales;
(b) to require the Lord Chancellor and the Lord Chief Justice of England and Wales, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in England and Wales is available for consideration by the Judicial Appointments Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office.’.—(Mr Straw.)
Question put, That the amendment be made.
Financial Education
Debate between Baroness Chapman of Darlington and Oliver Heald(12 years, 6 months ago)
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Mrs Chapman
I am very concerned about that. I am not only concerned about mathematics. My region has seen a drop of about 20% in higher education applications. We are assured that there will be a last-minute surge in applications. If that is not the case, I fear that we will face a serious problem.
Oliver Heald
Does the hon. Lady agree that there is also an important issue about an entrepreneurial society? If we do not have enough basic financial information and knowledge in our community, it is a brake on innovation and entrepreneurialism. It also means that people who do set up a business often cannot prepare a decent business case and that their business does not sustain itself. That is important to our economy, as are the matters that she is raising.
Mrs Chapman
I do agree with that. There are plenty of examples of entrepreneurs who have done incredibly well with little formal education. I do not know this for sure, but I do not think I am pushing the boat out too much to suggest that Duncan Bannatyne, who has his head office in my constituency, does not have a maths degree. Such exceptions aside, most people would benefit from having this sort of knowledge. I think that it would assist in the way that the hon. Gentleman indicates.
I will conclude because much of what I was going to say has already been said, and probably much more eloquently, by the hon. Member for North Swindon. [Interruption.] I was not expecting a response to that. On the advice of teachers, the all-party group on financial education for young people felt that it was necessary to have a champion for personal finance in each school. I had my doubts about that when the report was drafted, because I was not sure that schools would welcome having that burden loaded on to them. However, it was pointed out to me that teachers had argued strongly for that recommendation to be included. With that in mind, I am happy to support it.
The all-party group also believes that the subject should be examined, and I agree. Ofsted has stated that courses leading to formal accreditation have inspired
“a more coherent curriculum and sharper focus on the learning outcomes students were expected to achieve”.
As one head teacher has explained:
“Unless you test it, it will not happen”.
The introduction of dual mathematics GCSEs would promote the right objective and ensure that the subject is properly examined and taught.
I urge the House to examine the matter closely, take it seriously and include it in what I hope will be a package of measures that will help address the serious problem that we have not just with the lack of financial education but with debt more broadly. I hope that we will consider matters such as advertising, the provision of advice and the regulation of the high-cost lending market.
I wish to conclude with a lovely quotation that I have found, which I could not help but try to give at some point. Benjamin Franklin said:
“An investment in knowledge pays the best interest.”
I think that is quite a nice way to end.
Jobs and the Unemployed
Debate between Baroness Chapman of Darlington and Oliver Heald(13 years, 11 months ago)
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Mr Heald
I think the hon. Gentleman is wrong, because the headline figure shows an increase of 5% over the past six months, but he is right about the differences between sectors and regions. He makes an important point, which we should not ignore, and I shall return to it later in my remarks. However, Sir John Rose’s point was also well made. On the question of what needs to happen in this country, the role of apprenticeships should not be ignored, and 50,000 more apprenticeships are welcome, particularly given the good quality of education that they provide in technical areas.
In the latest CIPD survey, there is a lot of criticism of the abilities and work-readiness of our graduates, and there is a lot to be said for schemes such as internships, which get people ready for work so that they can do a good job as soon as they enter employment. I represent North East Hertfordshire, and a good thing about Hertfordshire is that we, as a county, have a series of institutions that are business-facing but educational. Our colleges are business-facing, and our university is well known as business-facing, which means that the county asks businesses what skills they need and our university provides the skilled workers. In terms of the employment service in Hertfordshire, if a graduate who is placed with a Hertfordshire company needs an extra skill, our university will teach them it, and our colleges all feed into that. It is no coincidence that we have the lowest number of NEETs in the country.
Mrs Jenny Chapman (Darlington) (Lab)
Teesside university, the university of the year, is basing itself in my constituency, and I am quite interested in the hon. Gentleman’s idea about graduates not being prepared for the workplace. Will he please identify exactly when in the history of university education employers said, “All our graduates are prepared for the workplace”? When was that golden age of preparedness?
Mr Heald
The hon. Lady makes an extremely good point, which is that we are not good enough as a country at preparing people for work. If we look at why we have so many workless families, and why employers are dissatisfied, it goes right back to the beginning—to school. The fact is that 40,000 young people leave school every year in this country who cannot read, write and add up properly. It is not good enough that we do not have the technical people we need in business coming through. This is a failure of the whole system that needs to be addressed. [Interruption.] The hon. Lady chunters, but Sir John Rose is probably one of the most eminent chief executive officers in the country, he is running a company that is a great success story, and he is right to highlight the need to do better on technical education and skills.
Over the years, we have had a range of employment programmes that have not succeeded as well as we would have hoped. A few years ago, the Work and Pensions Committee looked into what contractors can achieve. We did a major report on how the Department for Work and Pensions commissions employment programmes and the role of prime contractors. We were encouraged by the international examples. We looked at what had happened in Australia and visited the Netherlands to look at what was being done there. That seemed to show that contractors were able to provide programmes more cheaply, but also to get better results. Professor Finn, who was advising the Committee, found that Australia was achieving, through “contractorisation”, an improvement of about 10% in job readiness and people’s ability to find placements. In the Netherlands, we were told very strongly that the people who ran these contractor companies were able to specialise provided that they were given enough flexibility in respect of the barriers to employment that there have been and still are.
Looking at the picture overall, I have reached the view that as soon as a person is not working, and we are aware of that, they must be interviewed to find out what the barriers to employment are that they face and start to tackle them. If somebody has basic skills problems, we need to get on to that at an early stage and tackle it—and equally, if somebody needs child care or has a problem with addiction. These are all areas where action is required. In relation to the work capability assessment for incapacity benefit, a lot of people have not been seen for many years, and the on-flow that has been examined so far seems to suggest that many of them are capable of doing some kinds of work, but not necessarily all kinds. Those people need considerable help.
If we are to help people who have the classic problems suffered by those on incapacity benefit—musculoskeletal problems such as back injuries, and mental health problems such as stress, and worse—it is very important to get in with an early intervention. More can be done by employers, the NHS and the system as a whole—including, perhaps, the companies that provide insurance for people who are unable to work—in getting together to see whether they can do more to get this help in quickly. It is not acceptable that somebody of working age who has a back injury and needs physiotherapy has to wait 10 weeks for an appointment whereas if they were seen quickly they could get back to work. I ask the Minister whether it is possible to have liaison and discussion with the NHS, employers and insurance companies to try to do better in getting involved more quickly and stopping some of these conditions becoming chronic in the first place. With back problems, that means physiotherapy; with mental health problems, it may mean talking therapies as well as the drug treatments for depression of the sort that are available these days.
Yesterday, I talked to people at the National Ankylosing Spondylitis Society, who said that all too often they have to wait a long time for the treatment they need to deal with their condition. For people of working age, we need to prioritise their health and have something amounting to a national occupational health approach so that we do not end up with a lot of people who become chronically ill. It is well known that someone who has been out of work with a disability for two years is very unlikely to work again.
I welcome the Work programme. The criticisms that have been made of it are a little unfair, if I may say so. The fact is that the economy has been put into a terrible situation by the previous Government. The future jobs fund is a scheme that has only just started, and it is not as though it is not being replaced by something that is probably better—namely, more apprenticeships. It is a bit disingenuous to describe it as a jobs fund, as though these are permanent jobs, when they are really job placements for six months.