Oral Answers to Questions

Debate between James Cartlidge and Janet Daby

Monday 15th May 2023 Commons Chamber

[James Cartlidge]

It is a pleasure to engage with the Labour Defence Front Bench for the first time. It is interesting that the hon. Gentleman does not welcome the significant investment that we have put in place. Of course, we recognise that we have had long-standing issues with mould and so on. I emphasise that the maintenance backlog from December is now down by 75%. He might want to reflect on the fact that his party’s Government oversaw private finance initiative contracts for service properties in Bristol, Bath and Portsmouth, which, I can confirm, had a cost of £25,000 per home whether or not they were occupied.

[Janet Daby (Lewisham East) (Lab)]

4. What recent steps Veterans UK has taken to support veterans and their families.

Oral Answers to Questions

Debate between James Cartlidge and Janet Daby

Tuesday 5th July 2022 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

13. What assessment he has made of the effect of availability of duty solicitors in England on access to justice.

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

The Legal Aid Agency keeps market capacity, including the number of duty solicitors on each local duty scheme, under constant review, to ensure that there is adequate provision of legal aid throughout England and Wales. The LAA is satisfied that there continues to be sufficient duty solicitor coverage across all duty schemes in England and Wales, and it moves quickly where issues arise to secure additional provision and ensure continuity of legal aid services. Provision under the duty scheme is demand led, so there may be variations in numbers across each local rota, or other fluctuations in numbers. A procurement exercise for new criminal legal aid contracts commenced on 1 October and is currently under way. The LAA will publish lists of providers and duty solicitors under those contracts, once the contract has commenced.

[James Cartlidge]

The hon. Lady says that she stands in solidarity with the striking barristers. I remind her that back in February, before the publication of our response to the independent review of criminal legal aid, she attended a debate on legal aid in the north-west. Every Labour MP who spoke supported a 15% increase in fees, including three Labour MPs who would subsequently go out with the RMT. They supported 15% then, as did those on the Opposition Front Bench. Do they still support 15% now? If they do, they should not be supporting the strike action when we have that offer on the table. By the way, that 15% increase includes duty solicitors. It will increase the police station scheme funding. That is why it is good news for the criminal legal aid solicitors the hon. Lady is talking about.

[Janet Daby]

Last week I visited Boothroyd Solicitors, who provide legal aid services in my constituency. They told me that despite being very busy, the business costs of their work, mixed with cuts to criminal legal aid, mean that they and many other criminal duty solicitors are in financial difficulties. They are receiving promises from the Government, but no action. Boothroyd Solicitors warns that access to an availability of duty solicitors will be severely impacted in the years ahead, if it is not tackled now. Will the Government urgently address that?

[James Cartlidge]

We all want to see thriving duty rotas in our police stations, and it is incredibly important that we support funding for criminal legal aid for the police station scheme. That is why we are increasing those fees by 15%. Indeed, I confirm that in relation to police station fees, the actual increase overall is 18%, as that will include expected additional expenditure, including pre-charge engagement. In total it is an 18% increase for police station duty solicitors. In addition, we want to see a new generation coming through, so we will also be ensuring that those with Chartered Institute of Legal Executives qualifications can more easily participate in the duty solicitor scheme.

Judicial Review and Courts Bill

Debate between James Cartlidge and Janet Daby

Report stage
Tuesday 25th January 2022 Commons Chamber

[Janet Daby]

It is always a pleasure to speak under your chairmanship, Mr Deputy Speaker. I fully support the Opposition amendments and the safeguards that my hon. Friend the Member for Stockton North (Alex Cunningham) outlined so eloquently, especially new clause 2 on online procedural assistance and new clause 3 on the review of the single justice procedure.

I will speak mainly about case backlogs and the online procedure rules in the Bill, but may I first say a few words in response to my constituency neighbour the hon. Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee? I was on the Justice Committee when it was looking at magistrates, and I remember many magistrates coming to meet us on the estate before covid.

I agree that we need to continue to appreciate our magistrates and make sure that they have the support they need to do their job extremely well. We also need to recognise that they have been vital during lockdown as key workers, in situations made extremely difficult by the backlogs that they have had to endure. I agree that we need younger magistrates and magistrates from more diverse backgrounds; as hon. Members may or may not know, there are also many judges from diverse backgrounds who want to be promoted up the ranks. We need to be mindful of ensuring a diverse bench of judges.

Mr Deputy Speaker, our

“criminal justice system is at breaking point.”

Those are not my words, but the words of Derek Sweeting QC, the then chair of the Bar Council. The backlog of criminal cases had pushed past 60,000 by June 2021 and is still increasing. To address it, we need to modernise our court systems. New technology can bring efficiency and help to address the backlog, but our drive to improve the court system should never come at the cost of safety or justice. For example, the online procedure rules set out in the Bill will enable more work to be completed remotely via the internet; one can see the immediate time-saving benefit, but the new rules risk excluding those without internet access or those who are less digitally literate. It is also vital that the online procedure rule committee that will shape the digital rules should reflect the diversity of Britain, which will help to protect the criminal justice system from further bias or any discrimination.

To ensure that all adequate safeguards are put in place, will the Minister commit to an independent pilot of the new technology before its general application? People in poverty do not necessarily have access to new technology, so we cannot take that access for granted or even assume that they are able to use the systems.

While it is important to explore modern solutions, we must not let that task distract us from the reality that our legal system simply needs more funding. There is no silver bullet to solve the crisis in our courts, and no magical technology will appear over the horizon to wipe away the vast number of backed-up cases. New technology and increased funding must go hand in hand. The National Audit Office recommended that £500 million of extra funding would be required between 2021 and 2024 to keep the backlog below 50,000. The Minister should follow that advice and promise that extra funding for our overburdened court systems.

[James Cartlidge]

It is a pleasure to follow the hon. Member for Lewisham East (Janet Daby), who makes a very good point about diversity. The new recruitment campaign that we have launched for magistrates this week is very clearly focused on attracting a more diverse audience of potential participants to consider joining the bench.



In fact, the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), said that the increase in sentencing powers must not just be a backlog measure—and it is not. I will give a good example of that: on the day that we announced the change, I am reliably informed that “How do you become a magistrate?” was one of the trending searches on Google. The serious point is that the very fact of raising those powers shows our commitment to the magistracy and, in my view, will help to attract more people, because it shows how seriously the Government are taking it.

Judicial Review and Courts Bill (Tenth sitting)

Debate between James Cartlidge and Janet Daby

Thursday 18th November 2021 Public Bill Committees

[James Cartlidge]

I know that my right hon. Friend takes a passionate interest in the subject. I am due to write to him on the position of children in care. I do not think that we have sent that letter quite yet, so I will add to it information about the make-up of our stakeholder group. It is MOJ-chaired and I am sure that it is broad. I cannot tell him who every single person on it is at this moment, but I will try to list for him all the information that I can.

I stand by my point. I think that these measures, just as with other technology, will enhance accessibility for disabled people and many others in society. I would be extremely surprised if, in future, any Government were to wind back this measure, even a Labour Government.

[Janet Daby (Lewisham East) (Lab)]

Will the Minister give way?

[James Cartlidge]

I had finished my speech—for the second time. But it is only fair that I rewind in order to give way.

[Janet Daby]

Will the Minister please share with the Committee the information about children in care that is going to be shared with the right hon. Member for South Holland and The Deepings?

[James Cartlidge]

Of course, and on that basis I think I will conclude.