Courts: Resourcing and Staffing

Lord Faulks Excerpts

Thursday 14th July 2016 Lords Chamber

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

My Lords, I begin by thanking the noble and learned Lord, Lord Woolf, for introducing this important topic. Understandably, it has ranged over the whole field of justice, both criminal and civil, and indeed it has touched on the prison population.

It is hard to disagree with very much that has been said by all noble Lords. The new Government have a considerable task to attend to. It was a particular privilege to hear the maiden speech of the noble and learned Lord, Lord Saville. He referred to the influence of “The Franchise Affair” on his career. Of course, there has been something of a franchise affair recently in this country, causing an extraordinary revolution in who runs this country and how it is to be run.

I thought—I do not know whether noble Lords will agree—that one of the former Prime Minister’s finest moments was his response to the extraordinary and influential report on Bloody Sunday and the way in which he acknowledged the findings of the noble and learned Lord, Lord Saville, as well as the very real bridge that he was able to build with communities in Northern Ireland following that. That towering achievement of the noble and learned Lord has meant that we have been deprived of many speeches in the House of Lords and in the Supreme Court. I fear that he would have rejected many of my submissions, but I am sure that it would have been a worthwhile exchange. We hope that in future there will be a great deal more from him in this new capacity.

Much attention has been paid to the importance of high-quality judges and the rule of law. In the relatively short time that I have had the privilege to be in this position, it has become apparent to me that the rule of law and the standard of our judiciary are pivotal to our reputation here and abroad. Everywhere one goes, our judiciary’s quality, incorruptibility, intellectual ability and ability quickly to come to conclusions are praised. The rule of law not only results in earnings to lawyers but, perhaps much more importantly, makes London in particular but also the rest of the United Kingdom a centre for those who wish to bring their disputes here. It results in an enormous amount of soft power for this country, as one sees whenever one travels abroad, to have a secure rule of law which is manned by such extraordinary judges. So the noble and learned Lord is quite right to emphasise the importance of our appointing the highest-quality judges.

The challenge for any Government is to ensure that people will apply to become judges. The noble and learned Lord, Lord Judge, referred to the old days of recruitment—the tap on the shoulder, much maligned—but it brought home to potential judges the sense of public duty that I think accompanies all judges when embarking on that voyage. Now there is an application process, and it is understandable that any judge will hesitate for some considerable time before deciding whether it is a sensible step to take.

No Minister in any Government can avoid the need to deal with the financial deficit, which of course means that all public servants have had to take considerable cuts in their income at whatever level, but it is important that high-quality public services continue to be delivered. The Government work closely with the Treasury and the Senior Salaries Review Body to consider how we make best use of the pay award to continue to recruit and retain high-quality judges, and are considering what options there might be in future to mitigate some of the concerns around remuneration. I know that the cogent points that have been made about pensions will be taken on board by the Ministry of Justice. It is crucial that we attract the best possible candidates, preferably from the most diverse sources possible—I take the point that the noble Lord, Lord Beecham, made about that—so that we can continue our reputation for high quality.

The noble and learned Lord, Lord Phillips, referred to the sad state of our prisons, and he was right. That is acknowledged by the Government—certainly, the Government who until recently ruled this country—and he will know that the former Chancellor of the Exchequer promised £1.2 billion for the building of new prisons, and a considerable amount of money has been passed to the prisons to ensure that the recent and regrettable outbursts of violence can in some way be contained. The plan is to give increasing autonomy to prison governors to allow them to deliver some of the greatly needed reforms in terms of education, access to courses and all those factors which can help in rehabilitation.

It was said, quite rightly, that sentences have increased. There are a number of reasons for this. Judges, of course, pass sentences that they consider appropriate, but I entirely accept that various Acts of Parliament can sometimes tie their hands. The noble and learned Lord, Lord Phillips, mentioned the IPP prisoners, which continue to be a source of considerable anxiety. The next Secretary of State and Lord Chancellor will no doubt have to consider whether it is appropriate to exercise the power that Parliament gave them to change that release test. I cannot, of course, anticipate what the response will be.

The cost of justice continues to be high. However, the availability of legal aid remains part of a civilised society. During the course of the last Government spending on legal aid reduced from over £2 billion to £1.6 billion per annum. It remains a generous system. Clearly, following LASPO there were significant changes in the way that legal aid was made available in a number of circumstances. There will be a review of LASPO in due course, and it will be for the Government to decide whether changes need to be made to satisfy the fundamental business of government of allowing proper access to justice.

Judges and court staff have to deal very often with litigants in person, which provides a considerable challenge. However, the court service has responded well in providing assistance, both online and at court, to enable litigants in person to have a better involvement with the justice system.

The House will be aware that a prison and courts reform Bill will shortly be introduced into the House of Commons and, in due course, arrive here. It will include vast numbers of changes to the court system, both criminal and civil, and will no doubt be scrutinised carefully in both Houses of Parliament. The idea is to make justice more accessible; to remove some of the unnecessary hearings about which we have heard so much; and to ensure that there is digital access where possible—although those who are digitally compromised may have to be accommodated within the system—to spare unnecessary court hearings.

The noble Lord, Lord Thomas, makes the understandable point that there can be difficulties sometimes in getting to courts in remote areas. This has been taken into account in the court closures. The relative informality which he described in court hearings may have to take place on certain occasions, and I am sure that the courts are prepared to deal with that. Increasingly, however, there can be communication to enable court users to interact in a far less formal and expensive way. I hope it will be only in rare circumstances that there needs to be a real judge in a real court and that that can be avoided.

The noble Baroness, Lady Coussins, referred to the important requirement for there to be interpreters in appropriate cases. The current contract for language services expires at the end of October and the Ministry of Justice has been progressing a procurement exercise for new contracts over the past few months. Preferred bidders have been identified and we are in the process of finalising commercial arrangements. The comments she makes about the inadequacies of the system will be taken into account. Clearly the instances she gives are far from desirable and ought to be attended to.

The noble Lord, Lord Lester, referred to the statutory duty of the Lord Chancellor, and he is right to do so. The new Lord Chancellor, along with her many other obligations, will have to bear that in mind. It should be an axiom as she approaches her obligations and ensures that the new legislation reflects that principle.

Fees are a necessary way, of course, for the justice system to function because the Ministry of Justice is an unprotected government department. The noble Lord, Lord Trevethin and Oaksey, referred to the problem with fees in circumstances where those who wish to use tribunals may not be able to afford to do so. I cannot give a date yet for when the review is going to be published. As to fee remissions, which were in place to mitigate some of the difficulties, a new digital service is in place to help with fee remissions by making it easier for court users to claim them. He and other noble Lords may be aware of the fact that there has been a vast take-up of the use of ACAS. That has prevented many cases reaching tribunals which perhaps should not have done. But clearly if there is a real problem with access to justice in terms of getting to tribunals, that is something which ought to be attended to urgently.

The noble Lord also made a point about the way in which legal aid has been eroded. Following the Jackson report, changes have been made to the way in which CFAs and ATE premiums work. Whatever faults there may be in the justice system, I think that a great deal of what Lord Justice Jackson recommended, and which was set out in Part 2 of the LASPO Act, has in fact been extremely successful. These are early days, but the cost of litigation was excessive. It meant that insurance premiums went up and far too much litigation was concerned with making profits for lawyers and others rather than it being about real disputes and claimants who should be obtaining compensation.

As I say, the new Lord Chancellor has a huge mountain to climb. I know that she will have assistance from an extremely dedicated staff in HMTCS. She has the co-operation of the Lord Chief Justice, who has been tireless in his attempts to assist the Ministry of Justice in identifying and progressing reforms. She will have the benefit of Lord Justice Briggs’s online court proposals. The first report has been received and the final report is due shortly. All these are potentially fertile ground for improvements that can be made, and it is hoped that they will provide the sort of court service which we ought to have in this country to maintain our reputation, to ensure that the rule of law flourishes as it should, to ensure that the reputation of our Government and the Ministry of Justice can be preserved, and to ensure that we attract the best possible people to work in it.