Judicial Review and Courts Bill (Tenth sitting)

Debate between John Hayes and Alex Cunningham

Thursday 18th November 2021 Public Bill Committees

[Sir John Hayes]

I was going to make another intervention, but the Minister has concluded his speech, so I have a chance to amplify my point at rather greater length. I wonder whether my hon. Friend, mindful of what I just said, would allow us here, as a group, to begin a campaign to reopen some local magistrates courts. Why on earth would we not want to do that? Why do we assume that there is a single destination, some predefined place, to which we are all headed? We have heard the nonsense about progress once or twice during our deliberations as if somehow we are just acting out a script, but history is not predetermined. We are not fascists or Marxists who think that there is a great plan and we are all mere players performing, so let us have some more local magistrates courts, in the spirit of this provision of the Bill. The additional freedom and flexibility that my hon. Friend described seems to be welcome. However, I think that there are several localities where justice is exercised a very long way from local people. That is particularly true in rural areas, such as the one I represent. In rural Britain, let us take advantage of our 80-seat majority and do something boldly imaginative.

[Alex Cunningham]

First, I want to reassure the right hon. Member for South Holland and The Deepings that I could never refer to him as an old man because he is, in fact, three years my junior. The Minister heard my points and those made by the right hon. Member for South Holland and The Deepings about local magistracy. It is very important and I am supportive of that. Hartlepool is one of the better examples of a court that could be operating. It is sitting there doing nothing, yet we still have real issues on Teesside.

Judicial Review and Courts Bill (Seventh sitting)

Debate between John Hayes and Alex Cunningham

Committee stage
Tuesday 16th November 2021 Public Bill Committees

[James Cartlidge]

My right hon. Friend makes a very good point. It is difficult to have specific clauses for children in care in that sense, but I will give consideration to that important point and provide him with further information.

Courts also have a statutory duty to have regard to the welfare of children. They will always have the discretion as to whether to proceed to allocate in a child’s absence. We recognise that in the majority of cases, the courts may not deem it appropriate to proceed if a child is absent from the plea and allocation hearing. However, the clause provides the court with an important means of progressing a case involving a child where it is in the interests of justice to do so. I therefore urge the hon. Member for Stockton North to withdraw the amendment.

[Alex Cunningham]

I am grateful to the right hon. Member for South Holland and The Deepings for raising the issue of looked-after children. He helps to illustrate further why subsection (4) is inappropriate and why we support its removal. The Minister talked about the court being satisfied that notice has been served on the child. I am not sure how the court determines that, because children can always spirit things away and parents do not always find out until much later down the process.

[Sir John Hayes]

I am grateful for the hon. Gentleman’s remarks, but I took from what the Minister said that he is going to go away and think about that. When a combination of a diligent Opposition and a brave Government Back Bencher raises an issue and the Minister has given—I will not say concession—that acknowledgement, the wise thing for an Opposition to do is to take that as a win and withdraw their amendment.

[Alex Cunningham]

I think the right hon. Gentleman almost makes my argument for me. The Minister does not actually know how the subsection will apply to a particularly vulnerable group of young people, those in care. Perhaps it is the Minister who should support the amendment.

Judicial Review and Courts Bill (Sixth sitting)

Debate between John Hayes and Alex Cunningham

Committee stage
Tuesday 9th November 2021 Public Bill Committees

[Alex Cunningham]

I thank Justice and Fair Trials again for their helpful input into these amendments. As a set, the amendments all deal with the need for safeguards in the procedure—we know the procedure that we are referring to—both by identifying possible issues before the procedure is used and by building in safeguards to the procedure itself. The Minister may think that he has covered the bases, but I want to help him to ensure that the belt and braces are in place, to best support justice.

Amendment 46 would mandate the Secretary of State to publish assessments on the impact of clause 3, before its commencement, on individuals with protected characteristics as defined in the Equality Act 2010, as well as on those with vulnerabilities. I have just spoken at length about amendment 45 and the need for the provisions in clause 3 to be well evidenced before they are implemented; amendment 46 addresses that point further. I am aware of the equalities impact statement, published alongside the Bill, which states that, in relation to the criminal procedures section of the Bill:

“we do not expect these changes to have a negative impact on any particular group, as the majority of these measures are designed to make the criminal court process easier for all court users by offering additional ways in which people can engage with the court that will significantly improve user experience and reduce user costs.”

Some may think that that’s all right then, but it certainly is not. The Government’s equality impact assessment deals with the impact of the procedure in two paragraphs and only discusses issues relating to income levels. However, there is evidence, predominantly from the single justice procedure, that suggests that the new procedure may disproportionately impact individuals with protected characteristics.

Stephanie Needleman, the acting legal director of Justice, shared such concerns with the Committee in the evidence session last week. She mentioned women as a group of concern, as the existing single justice procedure disproportionately targets women. APPEAL’s Women Justice Initiative notes,

“the vast majority of those being prosecuted and convicted of TV licence evasion are women.”

Its research shows what can happen in the absence of sufficient safeguards, with women facing criminal records despite not having received a letter, or where the letter was sent to the wrong address. Although there are issues that can affect anyone who receives a postal charge, the fact that women are more likely to commit certain so-called low-level offences means they are impacted to a greater extent. The Government’s impact assessment does not recognise that, and therefore does not suggest anything to address the issue. It is important that this disparity is recognised and is not replicated in this procedure. Stephanie Needleman he also raised concern about the potential impact on disproportionate representation of ethnic minorities in the criminal justice system, particularly as the new procedure has such minimal safeguarding built in.

The Opposition believe it is vital that further research is done to ensure that disproportionate numbers of ethnic minority individuals are not unduly criminalised through procedures that contain weaker safeguards than are currently provisioned under the single justice procedure. We are also concerned that the impact assessment makes no attempt to look at whether the new procedure will have a disproportionate impact on neurodivergent individuals or others living with mental health conditions and other disabilities. Justice’s report “Mental Health and Fair Trial” notes that criminal justice processes often do not account for an individual’s particular needs, which may hamper their ability to understand what is happening. This concern is then amplified within the single justice procedure where there is lack of opportunity to screen for health conditions or vulnerabilities and assess whether the process is suitable.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The hon. Gentleman is making a compelling case. I agree with a lot of what he says and I know the Minister will too, because he has been very sensible about the need to review this and consider it carefully before it is extended. In addition to the groups that the hon. Gentleman identifies, there are simply older people—people who do not have the wherewithal to navigate systems. They may not be people with mental health issues, although I take the point about that. They may simply be people who are not comfortable with online transactions. I would rather see far fewer things put online, by the way—I would like a move in the opposite direction in life and in the provision of public services generally, but the hon. Gentleman is not pressing for that; I am far more radical than him, I can tell. I hope he would include in his assessment, and I hope the Minister will too, those people who may simply struggle with online services.

[Alex Cunningham]

The right hon. Gentleman makes my case for me. I am most grateful to him. My dad is 90 and my mother is 88; she sadly has dementia but my dad still looks after her. As someone who is on the ball, I think he would really struggle in this sort of situation. I would not want that.

I am encouraged by the Minister’s very positive response to the first amendment. I am sure he is moving in my direction and I am very grateful. Perhaps when we come to a vote, the right hon. Gentleman will join me in saying, “Aye!” at the appropriate moment.

[Sir John Hayes]

I’m going shortly.

[Alex Cunningham]

Some might say he had gone a long time ago.

We are worried that the issue will only be further exacerbated by the new procedure, with the removal of any form of human oversight and involvement in the process at all. As I said in my earlier speech, the new process may represent a significant shift in our justice system as we look to increase the use of technology to maximise efficiency, but it is important that we do not take the step without knowing what it will entail for all types of defendants and place appropriate mitigations in place. The Government’s assessment further states:

“However, as is the case more generally across England and Wales, there is over-representation of certain people in the criminal justice system with protected characteristics”,

which will affect some of the proposed measures.

It sounds to me like the Government are simply accepting disproportionality as an inevitable consequence of our criminal justice system. That is simply not good enough, and that is why we want the Minister to go further with all these protections. It is also why the Opposition would like to see a more detailed equality impact assessment of clause 3 before it is commenced, as that will allow the Government to address the issues now rather than waiting until disproportionality is further exacerbated—when they say that they are committed to reducing it.

Judicial Review and Courts Bill (Second sitting)

Debate between John Hayes and Alex Cunningham

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[Alex Cunningham]

You have anticipated the rest of my questions. I do not know if either of your colleagues wish to comment. No.

[Sir John Hayes]

Q I want to turn to the issue of proportionality. Witnesses may be aware of the recent judgment that says that

“challenges to legislation on the grounds of discrimination are becoming increasingly common in the UK, usually brought by campaigning organisations which lobbied unsuccessfully against the measure when it was being considered in Parliament, and then act as solicitors for persons affected by the legislation, or otherwise support legal challenges brought in their names, as a means of continuing their campaign.”

They are assisted in that, are they not, by the principle of proportionality, which confers on courts a broad discretionary power that risks undue interference of the courts in the sphere of political choices. That is very bad, is it not, both for a democratic society and for the role and reputation of courts, because the separation of powers—well, I do not need to lecture witnesses on the separation of powers. They know what it means. We have a problem that needs to be solved by legislative means. The Bill is a welcome start in that respect, is it not?

Divorce, Dissolution and Separation Bill [Lords]

Debate between John Hayes and Alex Cunningham

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

Put simply, Labour supports this Bill. It is in line with Labour party policy. It sends the right message, we believe, many years later than it should have arrived in this place.

We support reforming some of the archaic and outdated hoops that people have to jump through if they want their marriage to end. People who may never have sought or needed a divorce may not know that there is currently no such thing as a no-fault divorce and that one of the parties must be “to blame” for a relationship ending. They may not know that if there is no blame to be laid, people must spend two years separated before they can file for divorce. They may not know that if one of the parties objects to divorce, the other must remain married to them for five years. That is why we hope that Ministers will reject amendment 1. I will turn specifically to that soon.

Marriage is supposed to be a happy and special occasion where two people come together in front of their loved ones and commit themselves to each other, and then set up their lives together. But we would be naive to think that all marriages will last forever. People change and life changes. Something that may have once seemed perfect will not necessarily be that way forever. There is no reason why, in situations where there is no fault, two people should be forced into a hostile situation where they have to find blame, keeping them married for long periods and preventing them from moving on with their lives.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Of course what the hon. Gentleman says is entirely reasonable—that where there is no fault it is right that that should be acknowledged. Where there is fault, should that be acknowledged, or ignored or concealed, or what?

[Alex Cunningham]

I think that is a matter for the individuals involved. Adults who are embarking on divorce are supposedly mature people and they should be able to sort these things out for themselves. If they want to blame somebody for some reason, that is very much a matter for them.

It is right that this Parliament is taking action to bring divorce law into the 21st century and recognise that in many cases there is no blame—there is just no desire to be together any more. We should be facilitating peaceful endings of marriages where that is possible. I am pleased that this Bill makes excellent moves towards achieving that.

Yet the Opposition have identified several related matters that we felt needed to be heard and considered. From the list of amendments, I see that some Conservative Members also felt that some changes were needed. I plan to address these in turn. Amendment 1 would extend the minimum legal period for a divorce from the six months in the Bill to a year. Wo did not see what value or benefit this would provide; it would simply force two people together for longer than they need to be.