Queen’s Speech

Baroness Drake Excerpts

Tuesday 18th May 2021 Lords Chamber

[Baroness Drake (Lab) [V]]

My Lords, the Government’s legislative programme is inseparable from a well-functioning courts system. In its report, COVID-19 and the Courts, the Constitution Committee, on which I sit, applauded the monumental effort by all those working in the courts to maintain a functioning justice system during the pandemic. But recognition of those heroic efforts cannot obscure the scale of the challenge that courts in England and Wales face. Court funding fell by 21% over the preceding decade, the courts modernisation programme struggled to deliver, and legal aid cuts increased litigants in person. Therefore, when Covid-19 suddenly rendered courts reliant on remote technology, those very vulnerabilities exacerbated the devastating impact of the pandemic, and the need for more investment in the justice system was laid bare.

The Lord Chief Justice described the rapid adoption of new technology during the pandemic as

“the biggest pilot project that the justice system has ever seen”

and said that the shift to remote hearings provided an opportunity to

“take the best of this new way of working to improve access to justice”,

but the information to support improvements to the courts service was “just not available”. The pandemic shone a light on the absence of quality data. An opportunity to capture users’ experience in that “biggest pilot project” has been lost—yet without adequate data, the fundamental questions about the operation of our justice system remain unanswered.

The sudden move to remote hearings during the pandemic has been uneven in its impact. Senior courts and those dealing with commercial cases adapted relatively well. The lower courts, particularly those dealing with criminal and family cases, have had a much more difficult time.

The evidence reveals the practical challenges facing ordinary people in virtual hearings, including—among other things—limited broadband access; phones or iPads shared between users in a household; no private space; a dependency on pay-as-you-go phones and expensive data packages; sensory impairments; and limited digital literacy. Yes, they may use email, but electronic document management may prove impossible for many lay users. Remote hearings can make it difficult for lawyers and their clients to communicate, frustrate users if they cannot see or understand what is going on, and undermine litigants’ ability to engage. On the other hand, there was clearly evidence that court users with special requirements have benefited from remote proceedings.

The backlog of cases, which predated the pandemic, has reached record levels, undermining access to justice and public confidence in the justice system. In the criminal courts, the backlog now exceeds 530,000. The prison population fell by 6%; those in prison awaiting trial increased by 28%. Litigants and victims wait longer for justice. Unsentenced children in custody grew in number. More than half of children and young people in custody and 87% of children on remand in London were from black and minority ethnic backgrounds. In family courts, the backlog exceeds 10,000. As the public advisory group of the Family Justice Board observed:

“For children who remain stuck in the middle of the court system, the detriment to them is immeasurable.”


The Government have committed to modernising the justice system and improving the experience of court users, but what targets are being set and resources allocated to reduce the backlog of cases? What is the time limit for the collection of key data points across all court services—physical and digital—needed to assess the vulnerability of court users?