Court Proceedings: Written Transcripts

Debate between Baroness Gardner of Parkes and Lord Faulks

Tuesday 28th June 2016 Lords Chamber

[Lord Faulks]

I am sure the lack of clarity was mine. There is a recording in courts of record, as defined by statue, which include Crown Courts and the High Court, but not, for example, magistrates’ courts, whose proceedings are not automatically transcribed. There will not automatically be a transcript, although basic information about a case can be obtained by anybody.

[Baroness Gardner of Parkes (Con)]

Will the Minister tell me the position when documents go missing? I am referring not only to court proceedings but to care home questionnaires and decisions where records made by practitioners are suddenly no longer available? Is there not some way of ensuring that they are kept on public record?

[Lord Faulks]

All care homes should keep relevant documents, and if there is a dispute involving the care home it has an obligation to disclose all relevant documents. Where the care home is run by the state, the state has such an obligation. Even it is not run by the state, I would expect all relevant documentation to be available.

Commonhold and Leasehold Reform Act 2002

Debate between Baroness Gardner of Parkes and Lord Faulks

Wednesday 7th May 2014 Lords Chamber

[Baroness Gardner of Parkes (Con)]

My Lords, I beg leave to ask the Question standing in my name and declare that my interest is on the register.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Commonhold and Leasehold Reform Act 2002 introduced commonhold ownership and made numerous reforms to long leasehold law. Although the Government monitor the take-up of commonhold and continue to respond to concerns about the working of leasehold legislation, they have no current plans to carry out a formal review of the Act.

[Baroness Gardner of Parkes]

I thank the noble Lord, but it is 12 years since this law was passed and 11 sections are still listed as not in force, which seems rather a lot. Tenants and leaseholders, on the whole, are most interested in Sections 152 and 154, which provide for transparency and the protection of their deposits. However, we have had answers to Oral Questions in both Houses saying that the DCLG has a “watching brief” on this matter. Will he tell me how you move from a watching brief to a review, and which department would do that?

[Lord Faulks]

My noble friend is right that Sections 152 and, I think, 156 of the Commonhold and Leasehold Reform Act have not been brought into force. These deal with service charge information and the right to hold service charges in designated accounts. The Government consider actively whatever form of words is used, regardless of whether it is necessary to intervene by legislation. However, they are concerned with not overburdening either freeholders or leaseholders with unnecessarily elaborate provisions. They are also satisfied that, for the most part, the rights of leaseholders are protected by a number of provisions, some of which were brought in by the 2002 Act, particularly in relation to service charges, enfranchisement and protecting leaseholders from landlords in certain circumstances.

Justice: Cautions

Debate between Baroness Gardner of Parkes and Lord Faulks

Tuesday 11th March 2014 Lords Chamber

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government how many offenders received multiple cautions in the past year; and what plans they have to review the guidance to the police on the use of cautions for serious crimes.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, of the 181,000 offenders cautioned in the 12 months ending September 2013, 9,700—that is, 5%—had received a previous caution in the preceding year. The Government recently announced amended guidance for police forces on the use of cautions, following the conclusion of the Review of Simple Cautions, published on 14 November 2013. We are now legislating, in the Criminal Justice and Courts Bill, to restrict the use of repeat cautions. The Government are clear that cautions should not be used where a criminal has received a caution or conviction within the previous two years, in the absence of exceptional circumstances.

[Baroness Gardner of Parkes (Con)]

I thank the Minister for his reply. How effective does he think the present caution is? The young offender programme, led by the National Grid, has successfully trained more than 2,000 people to be good employees in good jobs in the past 10 years. Bearing this in mind, is there a place, in the case of less serious crimes, for early intervention before a criminal conviction, to help those under caution—particularly young people—through mentoring or courses such as those that are used with driving offences, where I understand that the courses are offered to prevent the need for further cautions or prison sentences?

[Lord Faulks]

My Lords, there is a range of available options. For example, there is a youth conditional caution, where a caution can have conditions attached. These conditions must be rehabilitative, reparative and punitive; punitive conditions can include unpaid work and a financial penalty. However, the most widely used community sentence for those under 18 is a referral order which has a clear basis in restorative justice. A youth rehabilitation order, which can include as many as 18 different requirements, is also an alternative to custody.

Housing: Commonhold

Debate between Baroness Gardner of Parkes and Lord Faulks

Monday 10th February 2014 Lords Chamber

[Baroness Gardner of Parkes]

Oh! I beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Government have no plans to review the 100% rule for conversion from leasehold to commonhold.

--- Later in debate ---

[Baroness Gardner of Parkes]

My Lords, is the Minister aware that I have asked this Question repeatedly over the years and I have always had the Answer that it is totally impossible? That is on record in Hansard many times. Does the Minister think that, as we now have so many different Acts covering the same issues, even for the skilled property lawyer it has become quite a nightmare, and is impossible for ordinary people? Even today I am wandering too. Does the Minister think that it is time that the Government asked the Law Commission to review this legislation with a view to bringing in a consolidation Act?

[Lord Faulks]

My Lords, my noble friend Lady Gardner has been a doughty champion of commonhold and has indeed recorded her interest and Questions on a number of occasions, in the past decade in particular. Of course, commonhold is successful and well established in other parts of the world, particularly Australia. Unfortunately it has failed to attract much enthusiasm in this country. It was originally the creation of the Law Commission in the 1980s. Whether review of commonhold legislation might be suitable for the commission’s further consideration is a question for the Government ultimately to decide. They have to decide priorities in accordance with the protocol but will bear in mind what the noble Baroness has said.

Justice: Non-custodial Sentences

Debate between Baroness Gardner of Parkes and Lord Faulks

Thursday 23rd January 2014 Lords Chamber

[Lord Faulks]

My Lords, the Government believe that it would not be desirable to introduce a sentencing reform in one part of the country but not another. To do so would risk postcode justice, with some offenders getting different sentences to others. Similarly, having competing services in any one area of the country is not a viable approach if we want to extend supervision to short-sentenced offenders. In every other respect we are carrying out extensive local testing of the reforms in no fewer than 14 probation trusts. The 21 CRCs—community rehabilitation companies—that we are creating will remain in public sector ownership until the conclusion of the competition. This gives us further opportunities to carry on testing and refine the system.

[Baroness Gardner of Parkes (Con)]

I congratulate the Minister on his first appearance at Question Time. There is a very good rehabilitation scheme run by National Grid, which trains young first offenders who are becoming very valuable members of society because they have been given a way of earning a living in a respectable and efficient way to the benefit of us all. I think that he should be aware of this scheme, which was started by National Grid and is now supported by many other companies. Does he believe that this sort of rehabilitation continues to be valuable?

[Lord Faulks]

The Government consider it to be valuable, and it is our intention that a range of different requirements will be placed on those who are subject to supervision in the community. It is hoped that a number of suggestions, from both public and private providers, will assist in the rehabilitation revolution.