draft Legal Services Act 2007 (Claims Management Complaints) (fees) (amendment) regulations 2017

Oliver Heald Excerpts

Tuesday 13th December 2016 General Committees

[The Minister for Courts and Justice (Sir Oliver Heald)]

I beg to move,

That the Committee has considered the draft Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2017.

May I say what a pleasure it is to serve under your chairmanship today, Mr Davies? I notice that you are wearing a Cubs scarf and woggle. I believe that that is in honour of the 50th anniversary of the Cubs—

[The Chair]

The 100th anniversary, so be prepared.

[Sir Oliver Heald]

The 100th anniversary, which as a Cubs ambassador I should have known. Anyway, I thought it was right to mention that, in the Christmas spirit.

As background to the regulations, the Legal Services Act 2007 (Claims Management Complaints) (Fees) Regulations 2014 allowed the Lord Chancellor to charge fees to regulated claims management companies to recoup the costs of the legal ombudsman’s work handling complaints from consumers about claims management companies. It is right that the costs of handling such complaints fall on the claims management services sector, not the taxpayer.

The 2017 regulations will amend the level of fees set out in the 2014 regulations for the financial year beginning 1 April 2017 and for subsequent years. Revising the level of fees will ensure that the Lord Chancellor can accurately recover the costs of the legal ombudsman dealing with complaints about the claims management services industry in the 2017-18 financial year. In addition to the legal ombudsman’s expected costs for that year, we need to take into account an over-recovery by the end of 2016-17. Taking both elements into account, the total cost of approximately £1.6 million—the exact figure is in the regulations—to be recovered from the market for 2017-18 is lower than last year’s figure of £2.3 million. There has been a reduction in the size of the market since last year, but the assumptions about future market change that are used in our fee model are still valid. Taking into account the total to be recovered and the current market, the fees need to be reduced.

Hon. Members will be aware that we intend to move the regulation of the claims management services sector to the Financial Conduct Authority. In tandem, we intend to transfer complaints handling to the Financial Ombudsman Service. Until that happens, it remains appropriate for the legal ombudsman to deal with complaints in the sector. Hon. Members will welcome the fact that the legal ombudsman’s costs related to complaints about regulated claims management companies continue to be met by the claims management services sector, in the same way that the costs related to complaints about legal services are met by the legal sector. However, fees need to be reduced where appropriate, to ensure that the fees charged mirror the actual cost of the legal ombudsman handling the complaints as closely as possible.

I commend the draft regulations to the Committee.

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[Sir Oliver Heald]

I thank the hon. Lady for her speech and will certainly try to answer all her points. I will examine the record, and if I have missed any I will write to her.

The regulations apply to authorised CMCs. Unauthorised CMCs can be tackled in other ways, and there are even criminal sanctions for not being authorised. We are talking today about the authorised ones. Companies left the market last year, so there was an under-recovery of £500,000 in 2015-16. This year, we have made an adjustment that takes account of the under-recovery and therefore in 2016-17 there has been an over-recovery. In essence, each year an adjustment is made to ensure that if there is an under-recovery, it is recovered in the next year, and if there is an over-recovery, the fees go down. That is what we are doing today.

We aim to transfer complaints from the legal ombudsman to the Financial Ombudsman Service because the transfer of the regulation of claims management companies from the claims management regulation unit to the Financial Conduct Authority means it would be better placed there. The transfer will not take place before April 2018, and we are currently working with the legal ombudsman, the Financial Ombudsman Service, the Treasury and the Financial Conduct Authority on the detail of the transfer, which may require some legislation.

The hon. Lady asked how the claims management regulation unit has been getting on. Overall, it has done a good job. The unit has made concerted efforts to crack down on rogue behaviour. Some 1,400 licences have been removed. Fines of more than £2 million have been issued since obtaining the power to impose financial penalties at the beginning of 2015. Proposals are being developed to cap the fees that regulated claims management companies providing financial claims services can charge to consumers. All that action is designed to better protect consumers, to deter CMCs from predatory marketing and to help organisations that are on the receiving end of unsubstantiated claims.

[Maria Eagle (Garston and Halewood) (Lab)]

I am interested to hear those numbers. Is it the Minister’s understanding that that is what has led to the unexpected amount of activity from claims management companies, or does that just that happen year to year anyway?

[Sir Oliver Heald]

It does happen year to year, but there is no doubt that the market is changing and seems to be contracting. That is the overall picture, but there are yearly fluctuations.

It is obvious that regulation should be moved to the FCA. The idea is to have a more effective regime that drives out bad practice. As I mentioned, we have consulted on proposals to cap the level of fees; this is another step to help consumers. The Government aim to establish a tougher regulatory regime by transferring the responsibility to the FCA, re-authorising all the CMCs under the new regime and holding their managers to account for the actions of their businesses. That will mean more individual responsibility in the system, but it will take a little time to work through the issues.

On whiplash reform, which the hon. Member for Neath mentioned, the fee model considered whether the proposed changes to whiplash would have a material impact on the market for 2017. We are still consulting on that and we are not yet entirely clear that we have taken all views on board, but the proposed changes may not be in force for that year and we have gauged that they are likely to have minimal effect. Clearly there is the power every year to go through the exercise of seeing whether there is an over or an under-recovery, so there should be no question of the taxpayer losing out. In fact, that is a very important part of this scheme: the payments should come from the sector, not from the taxpayer.

I hope that I have covered all the hon. Lady’s points, but I will check the record and write to her if I have missed any. I hope that that is acceptable.

Question put and agreed to.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 6th December 2016 Commons Chamber

[John Nicolson (East Dunbartonshire) (SNP)]

11. What recent progress has been made on the Government’s plan to replace the Human Rights Act 1998.

[The Minister for Courts and Justice (Sir Oliver Heald)]

As is well known, we shall set out our proposals for a Bill of Rights in due course, and we shall of course consult fully on those proposals.

[John Nicolson]

In the light of the United Nations Committee on the Rights of Persons with Disabilities finding that cuts to benefits meet the threshold for human rights violations, instead of replacing the Human Rights Act, should not the Secretary of State focus on ensuring the protection of rights to which the Government are already committed?

[Sir Oliver Heald]

The UK Government and this country do not need lectures about our human rights record. Our country has a proud tradition that goes back 800 years of pioneering human rights and spreading our values around the world. We do not need any lessons.

[Mr Julian Brazier (Canterbury) (Con)]

Does my right hon. and learned Friend agree that not only is it a good idea to make the change, but that we were members of the European convention on human rights for a whole generation before we put human rights legislation into British law, and that the clear understanding needs to be that British courts, informed by legislation from this Parliament, make the decisions?

[Sir Oliver Heald]

Of course it was Winston Churchill in his famous speech in Place Kléber in Strasbourg who pointed out the importance of fundamental human rights after the second world war, and British lawyers played a very important part in framing the European convention on human rights. Having said that, it is right to consider what that should be in the modern context, and whether we need a British jurisprudence over those rights. That is what we are doing.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

19. Five times in the past few years the UK Government have been found guilty of a breach of article 3 of the European convention on human rights for their treatment of people with mental health problems in immigration detention. Many more cases have been settled or are pending. Will the Minister confirm that the solution to that shameful state of affairs is not to water down that absolute right in order to avoid being found out?

[Sir Oliver Heald]

Of course we respect human rights and the rights that are within the convention. No country has a better record of abiding by those decisions than this country. Having said that, there is a need to look critically at the Human Rights Act and how it operates, which is what we will do.

[Mr David Nuttall (Bury North) (Con)]

Does the Minister agree that the example of countries such as New Zealand, Canada and Australia prove that a country does not have to be a member of the European convention on human rights to have an excellent human rights record?

[Sir Oliver Heald]

My hon. Friend’s point is that those countries have the common-law tradition that was founded in this country by our judges and our Parliament. The fact that it is expressed differently in Canada and countries of that sort does not mean that it does not have the same root. We in this country should be proud of that.

[Liz McInnes (Heywood and Middleton) (Lab)]

12. What steps she is taking to protect judicial independence.

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[Andrew Bingham (High Peak) (Con)]

13. What steps the Government are taking to protect vulnerable witnesses when they testify in court.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We are committed to helping vulnerable witnesses to give their very best evidence. A range of measures exist to help to reduce the anxiety of giving evidence, including video-link evidence away from the courtroom, and, within the court, giving evidence behind a screen.

[Andrew Bingham]

Following the closure of my local court in Buxton, witnesses will have to travel from my High Peak constituency to the nearest court. Can my right hon. and learned Friend provide further assurance that there will be protection for witnesses not only in the court, but when they are travelling to it?

[Sir Oliver Heald]

Yes, I can do that. When a witness needs protection, the police assess what is required to keep them safe. Witness care officers also help to ensure that the witness has any help that they need to attend court.

[John Glen (Salisbury) (Con)]

14. What steps she is taking to improve rehabilitation in prisons.

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[Kevin Hollinrake (Thirsk and Malton) (Con)]

18. What steps the Government are taking to help relatives of missing persons manage financial and other affairs on their behalf.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We are preparing legislation to create the new legal status of “guardian of the property and affairs of a missing person”. We will introduce it as parliamentary time allows.

[Kevin Hollinrake]

I hope to introduce a ten-minute rule Bill on guardianship that would help relatives and friends to manage the affairs of missing people. In memory of Claudia Lawrence, my constituents’ daughter who went missing seven long years ago, will the Government offer that Bill their full support? Will they also be willing to honour her memory by referring to it, whenever possible, as Claudia’s Bill?

[Sir Oliver Heald]

That is good news, and I wish my hon. Friend well with his Bill. I understand why he wants to refer to it as Claudia’s law. I would like to extend my sympathies, as I am sure the whole House would, to Peter and Joan Lawrence. The Government will formally announce their position on Second Reading, but we are keen for this matter to be tackled.

[David Rutley (Macclesfield) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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[Imran Hussain (Bradford East) (Lab)]

T3. As has been stated, last June the Government commenced their review of the future of employment tribunal fees. As of yet, we have not seen any results. Will the Minister give me a firm date for the review’s completion and publication? Is it not time the Government abandoned these unfair fees, which cut across the rights of working people?

[The Minister for Courts and Justice (Sir Oliver Heald)]

There is a difference: Government Members think it only fair that those who can afford to should make a contribution to a service that costs hard-working taxpayers £66 million a year. We are reviewing the situation—we are doing a careful job, because this is an important issue—and we will publish the outcome in due course.

[David Warburton (Somerton and Frome) (Con)]

T4. I am sure that my right hon. Friend the Secretary of State agrees that one of the main challenges facing the justice system is integrating ex-offenders back into the outside world upon their release. Does she agree that this requires the co-operation of employers as well as former prisoners? What is the Department doing to ensure that such co-operation is both encouraged and increased?

[Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)]

T8. The European criminal records information system enables the UK to access information about the convictions of EU nationals, but the future of our involvement is now unclear. What plans does the Department have to ensure that there is effective engagement post-Brexit?

[Sir Oliver Heald]

It is important that the Scottish Parliament and Government liaise with the UK Parliament and Government about Brexit, and that is happening, as the hon. Gentleman knows. ECRIS is an important system, but the Government are not announcing their Brexit negotiating position at this stage.

[Lucy Allan (Telford) (Con)]

T5. With care applications rising dramatically in the family courts, what steps is the Minister taking to head off what Sir James Munby, the president of the family division, has referred to as a “looming crisis” in the family courts?

[Sir Oliver Heald]

My hon. Friend’s question is about a very important point. In the same period, the time taken to complete a case has halved, and the Family Justice Board, which I co-chair, is investigating the reasons for the increase in cases and whether it is temporary. I agree that there are some vital issues here, such as helping women not to lose successive children to care. My hon. Friend might have heard about the Pause project, which is doing promising work in this area, and I would be happy to have a meeting with her to discuss the issue further.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Three Secretaries of State—for Justice, for Health, and for Communities and Local Government—believe that parents in Hull should have an independent inquiry to find out what happened to their babies’ ashes. Does the Secretary of State fully understand the disappointment of those parents that she will not stand up for justice for them by establishing an independent inquiry to find out what happened to those ashes?

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[Stephen Hammond (Wimbledon) (Con)]

T9. What specific actions are my right hon. Friend and the Government taking to ensure that the UK remains a specialist leader in world legal services?

[Sir Oliver Heald]

We are a modern global centre for legal services and dispute resolution, and English law is the international law of choice. Our legal services sector contributes £26 billion to the UK economy. We have the best legal system in the world, and our modernisation programme will maintain that situation. I will be championing, as will the Secretary of State and the whole team, our legal services sector as a key part of post-Brexit global Britain.

[Greg Mulholland (Leeds North West) (LD)]

The family of Richard Davies of Yeadon are dismayed that the man found guilty of his manslaughter is being considered for a move to an open prison a year before the family was told that that would be considered and after spending only a year in prison. Is that justice?

Criminal Justice System: Equality of Access

Oliver Heald Excerpts

Wednesday 30th November 2016 Westminster Hall

[The Minister for Courts and Justice (Sir Oliver Heald)]

I join the welcome to you in the Chair, Mr Gapes. I congratulate the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) on securing this debate on an important subject.

Access to justice is at the heart of everything we do in the Ministry of Justice. The sad thing about the hon. Gentleman’s remarks—of course he is entitled to point to areas where things are unsatisfactory—is that he did not talk about the context. The context is that there are far fewer cases and that, because of that, in some parts of the country courts sit for only a quarter of the time they could sit. Therefore, we are working against a changing picture, and not least against the background of the Government spending £1 billion to modernise our courts and tribunals. Every time one introduces modernisation, one has fewer unnecessary directions hearings; and one enables witnesses to give evidence by video link. Any of these changes affect the sort of court estate we need and issues of access to justice, but in a positive way. It is clear that he has concerns about access to justice and I hope that I can reassure him.

We are still spending a great deal of money on legal aid. The changes the hon. Gentleman referred to were made by the then Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), to concentrate legal aid on matters of most importance to individuals—for example, when a home was a risk, where someone’s livelihood was at risk because of the threat of imprisonment in a criminal case, or where someone might lose their children in a care case involving domestic violence. I think most of us would agree that my right hon. and learned Friend concentrated the effort where it was most needed. I do not think it is seriously arguable that he did not.

A review by March 2018 of the Legal Aid, Sentencing and Punishment of Offences Act 2012 was promised; it has to be completed by a particular date in March 2018. We have only just entered the period in which the review might have started, so it is not as though we have been dragging our feet for years. The review will go ahead.

To say that in this country we do not have debt and housing advice is incorrect. What is the citizens advice bureaux network doing? It is providing just that. On Friday, I opened a new bureau in Letchworth, where the debt and housing advice from Citizens Advice is well regarded. Shelter, which has a contract with the Legal Aid Agency, is a fantastic organisation giving advice about housing matters. The Department for Work and Pensions puts a great deal of effort and time into welfare benefit advice and giving people information.

The hon. Gentleman suggested that there were legal aid advice deserts for housing law. That is not so. Every part of the country has housing advice available. The point about housing advice is that in some areas of the country there are many more housing cases in which people might lose their homes than there are in others, so the provision is not exactly the same in each place, but it is national. The fact that there is one provider with a number of offices in one place does not mean that there is no advice. There is advice from that provider, and often the provider is very expert. If we said that that area had to have two firms, we would reduce the amount of work available to the provider that has the expertise, so it is not as simple a question as the hon. Gentleman suggested.

I was glad that the hon. Gentleman mentioned Sir Ivan Lawrence. I do not remember the occasion in question, but I pay tribute to his contribution in this place over many years before his retirement.

Turning to access to justice more generally, I think it is true to say that our courts and tribunals are open to everyone, regardless of their circumstances and location. As my right hon. Friend the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals made clear in their joint statement in September, a modernised Courts and Tribunals Service must be just, proportionate and accessible. It would be undermined if it were not. However, the services that our courts provide at the moment do not always accommodate our citizens’ busy lives or meet customers’ accessibility needs. Access to justice is not just about how close people are to a court. Our programme will reduce the need for many customers to attend court. Modern technologies offer significant benefits in that respect, and we intend to explore every opportunity to use those technologies to make access to justice easier.

[Holly Lynch]

To return to my point about the courts in my constituency having closed, I completely buy the notion, if we are starting from a position of what is best practice in supporting vulnerable victims and witnesses through the court process, that having old-fashioned buildings was not necessarily the best practice that we would like to see, but nothing—no technology, digitalisation or modernisation of the justice system—has come in to replace the courts in my constituency. Can the Minister give me any information on what might be happening?

[Sir Oliver Heald]

I am of course happy to look into the situation in Halifax and write to the hon. Lady, but I will make this point to her. Because our courts are used for only about 50% of the time, we are trying to use them more fully and to have courts that are more modern and have modern communications—wi-fi, video links and so on—so we are closing some courts and investing the money in improving the remaining ones. That is the overall plan.

The Lord Chief Justice gave this example—a Welsh example—the other day to the Select Committee on Justice. Wales is mountainous in parts and has road issues and so on, but in Dolgellau, where the court was closed, a video link has been established so that it is easier for local residents to give evidence and they do not have to travel to Caernarfon, for example. There are areas where such changes have already been made. There are some areas where we are proposing to make suitable alternative arrangements, and we have a more general programme of considering questions such as whether it is possible to sit a court for a particular case in, say, the town hall or another public building. Such courts have been characterised as pop-up courts. We also have that initiative, which we are working on at the moment. Attempts are being made, but I will of course write to the hon. Lady about Halifax.

A significant amount of the work of magistrates courts will be conducted online. That will of course mean less attendance at courtrooms. It will increase the speed of the process, save money and remove the need for defendants to attend court at all. Our ambition is for attendance at a court building to be reserved for the more serious cases, in which there is to be a trial or there is a serious issue of sentencing.

We are making a lot of progress. The common platform programme has already introduced the ability to plead guilty online for certain traffic offences, as part of the single justice procedure whereby one magistrate deals with the cases. We have introduced wi-fi into all criminal courts, and the programme will continue so that we get an end-to-end digital process. The police will build a digital file, which will go to the CPS, which will put it into the right condition for court. Then, once it is going to court, all the users of the system will be able to draw down that information, that case file. The judge will be able to give directions online. We will have far fewer ineffective hearings and hearings that it would be possible to avoid by using technology.

Many vulnerable people come into contact with the courts, and it is important, through the changes, to ensure that they are helped to access digital services. We are currently consulting on how to improve their access to the digital process, as part of the announcement that was made in September.

The hon. Member for Merthyr Tydfil and Rhymney represents a constituency in south Wales. He will know that, during the consideration of court closures in that area, particular efforts were made to find suitable alternative provision; we have discussed places such as Dolgellau. I appreciate that some individuals may find themselves in difficult circumstances when needing to attend court. Anyone who has a concern about travelling to court on the same transport as the person they are accusing or anything of that sort should make it clear to the police and the CPS that they have that concern. Arrangements will always be made to ensure that witnesses can get to court in a satisfactory way.

It is right to thank the hon. Gentleman for initiating the debate. It is important to recognise that we are in a period in which crime is falling, the number of cases is falling and the way in which we do the work is changing, so he is right to say that, when it comes to legal aid for criminal cases, there is a case for discussion and seeing whether it is possible to improve the two main legal aid schemes: the advocates scheme and the litigators scheme. I can assure him that the Ministry of Justice is in productive discussions with both parts of the profession—the Bar and solicitors—to see whether we can find legal aid schemes for their work that are more attuned to modern needs, but that also fit in with career progression and all those things that are of concern to the Bar and solicitors. We are doing that actively at the moment; we are in discussions with them.

The hon. Gentleman recalled some remarks that were made at the time suggesting that judicial review would be dead following the changes made by the then Lord Chancellor, who is now my right hon. Friend the Secretary of State for Transport. In fact, more than 4,500 cases were started the following year, so I think he is right to feel that that did not happen after all.

The hon. Gentleman mentioned the review of employment tribunal fees. I cannot tell him the outcome yet, because we are still doing it, but I think it is good that the Government are prepared to review that issue, just as we are also reviewing the immigration fees at the moment. I do not think that should be criticised; I think the hon. Gentleman should welcome it.

Question put and agreed to.

Courts and Tribunals

Oliver Heald Excerpts

Friday 25th November 2016 Written Statements

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government published their vision for a reformed court and justice system, on 15 September 2016—to modernise and upgrade our justice system so that it works even better for everyone—for judges and legal professionals, businesses and individuals, families, and witnesses and the vulnerable victims of crime.

The Government are committed to investing more than £700 million to modernise courts and tribunals, and over £270 million more in the criminal justice system.

Alongside this reform it remains important to make sure that our courts and tribunals service is properly and sustainably funded now and into the future, so that access to justice is protected.

In 2015-16, the net cost of the courts and tribunals service to the taxpayer was £1.2 billion. This is unsustainably high and we think that it is right to reconsider the balance of funding between the taxpayer and those who use the courts and tribunals and can afford to make a larger contribution.

The Government’s general principle, as reflected in managing public money, is that where users are being charged for a service they should usually be charged at a level to recover the true cost to the Government of providing that service.

In line with this principle we believe it is right that those who use our courts and tribunals should make a greater financial contribution, to make sure that the system is properly funded to protect access to justice and to reduce the unsustainably high cost to the taxpayer.

As a result we have introduced a number of fee reforms in recent years, including to the fees charged for proceedings in the civil courts, family courts and in some tribunals.

In the challenging financial circumstances faced by this country, we consider it is reasonable to ask users of tribunals to contribute to the running costs while ensuring that access to justice is protected.

Those who use our immigration and asylum system are not excepted from the need to make a financial contribution.

Consequently in 2011, the Government introduced fees for the first time in the Immigration and Asylum Chamber of the first-tier tribunal. These fees would be paid, where they could afford to do so, by those who make an application to appeal an immigration or asylum decision of the Home Secretary. At that stage those fees were set well below full cost recovery levels.

Consistent with our general principle we revisited those fees earlier in the year and launched a public consultation on 21 April 2016 proposing to raise fees in the Immigration and Asylum Chamber of the first-tier tribunal for those who pay to a level to recover the full cost of proceedings.

We also consulted on introducing fees for the first time for appeals in the Immigration and Asylum Chamber of the upper tribunal and for permission to appeal applications in both the first-tier tribunal and the upper tribunal.

In addition, we consulted on a proposal to add an exemption from fees based on the Home Office destitution waiver policy.

We responded to the consultation announcing our intention to proceed with the proposed fee measures. The higher fees in the first-tier tribunal then came into effect.

The fee increases introduced in the Immigration and Asylum Chamber of the first-tier tribunal are affordable for those who have to pay, taking into account the fee exemptions and waivers that apply, as well as the Lord Chancellor’s exceptional power to remit fees.

However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall.

From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.

We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees.

Alongside the fee changes introduced we extended the fee exemptions offered in the first-tier tribunal, to include:

those in receipt of a Home Office destitution waiver in respect of their initial application;

parents of, and those with parental responsibility for, children receiving support from local authorities;

children in local authority care; and

those appealing a decision to revoke their humanitarian protection or refugee status.

The Government believe that these exemptions are proportionate measures that protect some of the most vulnerable users of the tribunal. For this reason the extended system of fee exemptions will remain in place.

We also took the opportunity when introducing the fee changes to expand and clarify the guidance around the application of the Lord Chancellor’s power to remit or reduce fees in exceptional circumstances. This revised guidance is not affected.

The role of fees in the upper tribunal will also form part of the review. The focus of our work is now on carrying out that review. We will bring forward any new plans for tribunal fees, including in the Immigration and Asylum Chambers of the first-tier and upper tribunals, for consultation in due course.

The Government’s belief is unchanged that it is right that those who use our courts and tribunals should pay more, where they can realistically afford to do so, to ensure that the system is properly funded to protect access to justice and to relieve the burden on the taxpayer.

[HCWS284]

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 1st November 2016 Commons Chamber

[Kelvin Hopkins (Luton North) (Lab)]

4. What steps she is taking to assess the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on access to justice.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The coalition Government promised to review parts 1 and 2 of the Act and we remain committed to undertaking that review.

[Mr Speaker]

We are grateful to the Minister for that reply, but I think he may want to take question 15 with question 4.

[Sir Oliver Heald]

I would be very happy to do that, Mr Speaker.

[Mr Speaker]

It is very good of the right hon. and learned Gentleman the Minister to be willing to do what he asked me for permission to do; that is extraordinarily gracious of him.

[Kelvin Hopkins]

I thank the Minister for his answer to my question, but a TUC report of this October raised concerns that the Act is a barrier to access to justice for victims of domestic violence. The regulations concerning the provision of evidence of domestic violence are restrictive and narrow and have led to a 16% drop in applications and a 17% drop in applications granted. Is it not time the Secretary of State admitted that the Act is denying access to justice for thousands and must be amended?

[Sir Oliver Heald]

It is of course important that legal aid is available for victims of domestic violence, particularly those seeking protective injunctions. On the evidence requirements, in April we more than doubled the time limit on evidence from two to five years, and we have introduced a provision that allows the Legal Aid Agency to grant legal aid if it is satisfied that an application demonstrates financial abuse. This is important and it has been varied in the light of experience over the last two or three years, and we will continue to monitor it.

[Rob Marris]

Access to justice and legal aid are pillars of the welfare state, yet almost one third of legal aid areas in England and Wales have one or no housing advice providers, including the legal aid area covering my constituency. One provider is not enough, so what steps will the Government take to ensure there are at least two providers for each area?

[Sir Oliver Heald]

It is important to recognise that housing cases where a person’s home is at risk fall within the scope of legal aid. The Law Society has raised concerns, as the hon. Gentleman will know. There are a lot of these cases in some parts of the country, but very few in other parts. What we have done is, through the Legal Aid Agency, taken active steps to ensure that there is adequate provision of housing advice around the country.

[Rob Marris]

Two!

[Sir Oliver Heald]

On the point about one or two providers, there are some places where one firm is providing a range of offices and functions across a number of clients, and other areas where the circumstances only really require that there should be something like a telephone hotline, which there is. The provision that is being made is what is needed.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

There seem to be conflicting reports on the Government’s position on raising the cost bar for personal injury claims from £1,000 to £5,000. I would be grateful to hear what the Government’s position is.

[Sir Oliver Heald]

I am grateful to my hon. Friend for raising that important point. The Government have been looking at this issue. I do not think we have made a formal announcement on it yet, and therefore I will write to him giving him the absolute latest position.

[Ms Margaret Ritchie (South Down) (SDLP)]

What assessment has the Minister made of the recent report by Amnesty International, which has found that insufficient resources for legal aid are creating a two-tier judicial system?

[Sir Oliver Heald]

It is important that legal aid is available in the most serious cases, such as those in which life or liberty is involved, a person’s home is at risk, domestic violence is involved, or children are being taken away from their families. That is the legal aid provision that we have here. The hon. Lady claims that that is a two-tier system, but we claim that it is one that is targeted on need.

[Karl Turner (Kingston upon Hull East) (Lab)]

I should declare an indirect interest, in that my wife is a legal aid solicitor and part-time judge. The previous Lord Chancellor promised a review of LASPO. The legislation has not worked. It is a complete and utter shambles, and it urgently needs a review. When will it be properly reviewed?

[Sir Oliver Heald]

As the hon. Gentleman knows, a promise was made that the Act would be reviewed within three years and five years of implementation—[Interruption.] Yes, within the period starting at three years and going up to five years. That period has just started, and an announcement will be made in due course.

[Christina Rees (Neath) (Lab/Co-op)]

Exceptional case funding was introduced as part of LASPO with the aim of ensuring that out-of-scope cases with exceptional circumstances would have access to legal aid. Between 2013 and 2016, 4,032 applications were made but, due to the stringency of the criteria, a staggering 3,081 of those applications were not granted. Will the Minister commit to broadening the criteria for exceptional case funding to allow more people to become eligible for this safety net and to increase access to justice for those who need it most?

[Sir Oliver Heald]

The hon. Lady raises an important point. The number of cases being applied for and granted is rising, but there is also the question of ensuring that people who might need this funding are aware of it. That is an important part of the picture. Exceptional needs funding is a vital part of the picture and we will certainly keep it under review. If she wants to raise a detailed point with me about how it is operating, I would be more than happy either to discuss it with her or to enter into correspondence about it.

[Steven Paterson (Stirling) (SNP)]

5. What recent progress has been made on the Government’s plans to replace the Human Rights Act 1998.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We will set out our proposals for a Bill of Rights in due course. We will consult fully on our proposals.

[Mr Speaker]

This question is to be taken with No. 7. There is something missing from the right hon. and learned Gentleman’s briefing today.

[Sir Oliver Heald]

I am so sorry, Mr Speaker. Perhaps with your leave I could also answer question 7 in the same way.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

7. What recent progress has been made on the Government’s plans to replace the Human Rights Act 1998.

[Sir Oliver Heald]

The Government were elected with a mandate to reform and modernise the UK human rights framework, and there are good reasons for that. We have a proud tradition in respect of human rights. The Government are also considering the overall constitutional landscape and how this will fit it following Brexit, but this is something that we are committed to.

[Martyn Day]

The Council of Europe commissioner for human rights has also said of the consultation on the Human Rights Act:

“My impression is that the debate over the HRA in Westminster is not a true reflection of concerns outside England”.

Does the Minister appreciate that there is no support in Scotland for the plans, and that the impact of any attempt to repeal the Act would be to provoke a constitutional crisis?

[Sir Oliver Heald]

The issue of human rights is important in all parts of the United Kingdom, and we accept that. We will fully engage with the devolved Administrations on this question. Many people feel that there is a need for a British jurisprudence to emerge on the European convention on human rights and a need to assert certain ancient rights that we have in Britain, such as that relating to jury trial.

[Mr Julian Brazier (Canterbury) (Con)]

I welcome that statement from my right hon. and learned Friend, but I urge him to look particularly hard at the military aspects. The efforts of those who currently risk their lives for us on operations are being overshadowed by what is going on with IHAT—the Iraq Historic Allegations Team—and the pursuit of human rights cases under British law by people who were our enemies.

[Sir Oliver Heald]

My hon. Friend makes an important point. He will be aware of the announcement about derogation. Previously, there have been occasions when industrial-scale allegations could be made, many of which were later proved to be false, but that will change once the derogation process is in place.

[David T. C. Davies (Monmouth) (Con)]

It has been reported that 28 terrorists have used the Human Rights Act to avoid deportation—no doubt using legal aid as well. Is it not time to scrap the Act and to start thinking less about the human rights of terrorists and foreign-born criminals and more about the human rights of law-abiding members of the British public?

[Sir Oliver Heald]

The House will be aware that there are concerns among the British public about the barriers to the deportation of criminals that should not have been there. There is also a need for British conditions and British jurisprudence in this area, something which the Conservative party has been calling for over many years and which the Government are alive to.

[Mr David Burrowes (Enfield, Southgate) (Con)]

6. What steps her Department is taking to address the specific needs of women in the justice system.

--- Later in debate ---

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

8. What steps her Department is taking to improve access to justice.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government’s reform programme is intended to deliver a simpler, fairer justice system that works for everyone. We are reforming our courts to make them more modern, open, swift and accountable. Since January 2015, we have invested £3.5 million to provide more support to litigants in person.

[Stuart C. McDonald]

The Government have utterly undermined access to justice for EU citizens and other migrants with their incredible 500% increase in immigration tribunal fees. Will the Minister at least closely monitor the drastic impact that that ridiculous increase is going to have and respond accordingly when everything the Government were warned about during their consultation actually comes to pass?

[Sir Oliver Heald]

The Government take a markedly different view from the hon. Gentleman about this. The fact is that these tribunals cost money and there are people making applications to them who are not in the category of needing help with fees. Where people need help with fees, we of course have a remissions scheme, but where they do not need help, how can it be wrong that they should pay for the costs of the system? It is only right that they do so.

[John Howell (Henley) (Con)]

21. As the Minister has mentioned, an important element of improving access to justice is reform of the courts system. Would he like to say a little more about the modernisation of that system and, in particular, whether Lord Justice Briggs’s concept of an online court will be introduced?

[Sir Oliver Heald]

Lord Justice Briggs has prepared a report that has been not only revolutionary, but extremely helpful in the modernisation process, and I pay tribute to his work. We do intend to introduce a new online procedure for lower-value civil money claims. This procedure will be a mix of new technology, conciliation and judicial resolution, and will provide a simple dispute resolution process. We intend also to create a new rules committee to design the simpler rules this will require.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister says that the Government take a “markedly different” view on tribunal fees from my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). However, when the Justice Committee published its review of court and tribunal fees earlier this year, its excellent chairperson, the hon. Member for Bromley and Chislehurst (Robert Neill)—a Government Back Bencher—stated:

“Where there is conflict between the objectives of achieving full cost recovery and preserving access to justice, the latter must prevail.”

Does the Minister agree with that statement?

[Sir Oliver Heald]

Yes, and I pay tribute to my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) for the work that he does, chairing the Committee so ably. There is no question but that we do need a mitigation system, as we have for fees, but having said that I welcome the Justice Committee’s report, which goes into a wide range of issues and we will respond to it shortly.

[Joanna Cherry]

Employment tribunal fees are an additional pressure on people who have been relieved of their employment in inappropriate circumstances, and they create a very real restriction on access to justice for those who are vulnerable. The group Maternity Action has said that, since the introduction of employment tribunal fees, there has been a 40% drop in claims for pregnancy-related detriment or dismissal. Why do the Government not follow the example of the Scottish Government and commit to scrapping employment tribunal fees?

[Sir Oliver Heald]

The principle should be that if someone cannot pay and mitigation is required, then there should be a system of mitigation of fees. If someone is able to pay, given that this costs the country a huge amount of money, why should they not make a contribution if they are using these facilities?

[Richard Burgon (Leeds East) (Lab)]

In our country, it is a cornerstone of access to justice that there should be equality of arms in court. I was therefore shocked last week to hear the Minister of State for Courts and Justice tell us in an Adjournment debate on the Birmingham pub bombings that only

“an element of equality of arms”—[Official Report, 26 October 2016; Vol. 616, c. 400.]—

is necessary. Will the Minister come to the Dispatch Box and either reassure us that this was a mere slip of his well-trained legal tongue, or, alternatively, admit that his Government are reducing, not defending, access to justice?

[Sir Oliver Heald]

That is a bit rich when, at that debate, I was able to announce that the families had got a legal aid certificate through the Legal Aid Agency. The hon. Gentleman is now talking semantics. I was saying that the element that was needed of equality of arms was being met in accordance with the rules of the agency. When it comes to Labour politicians talking about cuts and concerns about legal aid, it is worth remembering why it was necessary to make those cuts—it was because of the mismanagement of the economy, which the Government inherited in 2010.

[Richard Burgon]

On the subject of that Adjournment debate of last Wednesday, Lynn Bennett died—[Interruption.] I will not give it up. Lynn Bennett died aged 18 in the Birmingham pub bombings in 1974. Her father, Stanley Bennett, and her sister, Claire Luckman, are still searching for the truth. On principle, they refuse to fill in means-testing forms for legal aid representation in the inquest into Lynn’s death. They believe that the state is forcing them effectively to beg for access to justice. Will the Justice Secretary today agree to go back to the Home Secretary and ask her to reconsider this, so that Stanley and Claire can have access to justice on behalf of Lynn?

[Sir Oliver Heald]

As the hon. Gentleman knows, the Legal Aid Agency, which is independent, has considered two applications for legal aid. One has been granted, and on the other, as was pointed out in the debate, a way has been described and set out in which it would be possible for those families to have legal aid, too. There is no question but that the families can be, and will be, represented. I accept that the Birmingham pub bombings were the most dreadful incident of a generation. I said in the debate that I remembered, as a young student, the powerful effect on the whole country of the worst bombing incident since the second world war, in which 21 people died and 222 were injured. All our thoughts in this House are with the families, their loved ones, and those who had their lives affected. On how we deal with these very difficult inquests in a very special category of cases, I made it clear in the debate that the Home Office and the Ministry of Justice are working on that matter, looking at the precedents of what happened with Hillsborough and waiting for Bishop James Jones’s report. We will also look at all the matters that were discussed in that debate.

[Maggie Throup (Erewash) (Con)]

9. What steps her Department is taking to help offenders find employment on release.

--- Later in debate ---

[Tom Tugendhat (Tonbridge and Malling) (Con)]

T6. The Lord Chancellor, in her role as head of the judiciary, has oversight of all legal action that continues in our country. Today there is an abuse of power whereby soldiers are facing, in effect, double jeopardy through the work of the Iraq Historic Allegations Team. Although I understand that the Ministry of Defence is leading on this, will she, as the chief judicial officer of this land, please comment?

[The Minister for Courts and Justice (Sir Oliver Heald)]

Our armed forces make huge sacrifices, and plainly no current or former serving member should face unwarranted investigation. However, where there are credible serious allegations of criminal behaviour, they must be investigated; I think that everyone in the military world understands that. It is important to make rapid progress with the Iraq Historic Allegation Team’s caseload. The team expects the caseload to have reduced from the original 3,300 cases to about 250 by early January.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

Plans to rebuild Sunderland’s courts complex have been on hold since 2010. Despite raising this issue on numerous occasions with the Courts and Justice Minister’s predecessors, we still have not had a decision. Will the current Minister meet me and my hon. Friend the Member for Sunderland Central (Julie Elliott) as a matter of priority to see whether we can make any progress?

--- Later in debate ---

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

My constituent, Mrs Fleeting, tragically lost her son, Robert, when he was serving honourably on an English base. The family cannot gain closure, as there is no automatic inquest by jury, and they are understandably distraught. Will the Minister meet Mrs Fleeting and me to discuss the case and access to justice for the late Robert Fleeting?

[Sir Oliver Heald]

Yes, I would be more than happy to meet the hon. Lady and her constituent.

[Suella Fernandes (Fareham) (Con)]

T9. The reforms to family justice included in the Children and Families Act 2014 implemented by the coalition Government are bold and invaluable. However, as the president of the family division recently commented, care applications are rising and high-conflict divorce cases linger for too long in the system and cost far too much money. What steps are the Government taking to resolve this outstanding issue?

--- Later in debate ---

[Craig Whittaker (Calder Valley) (Con)]

Mary—not her real name—a constituent of mine, went to Benidorm on a hen do. Her drink was spiked by a British man known to one of the group, and then she was raped by the man. It is now six months since the offence, and the Spanish police seem no closer to taking the case seriously. Does my right hon. Friend agree that the ability to bring to trial in this country a case involving a sexual offence against a Briton overseas is vital for justice when the country in which the offence occurred does not take it seriously?

[Sir Oliver Heald]

Yes, I do agree. The Istanbul convention, which the UK signed in June 2012, requires ratifying states to assume jurisdiction over offences of this sort when committed by our nationals overseas. But we need to make changes to primary legislation to introduce this, because the existing law applies only where the rape involves a person under 18 years of age.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Will Ministers update the House on progress with the Missing Persons Guardianship Bill? It is of great interest to my constituents Mr and Mrs Lawrence; they are the parents of Claudia, who went missing seven long years ago.

[Sir Oliver Heald]

I will write to my hon. Friend, because this is a subject on which we will be saying something shortly.

[Matt Warman (Boston and Skegness) (Con)]

The illicit use of mobile phones in prisons is a pernicious issue that must be tackled. Will the Secretary of State update the House on what more the Government are doing to make sure that we use a technology solution to deal with that?

Brussels IIa Regulation on Family Law

Oliver Heald Excerpts

Thursday 27th October 2016 Written Statements

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government have today decided to opt in to the European Commission’s proposal which repeals and replaces regulation 2201/2003, also known as the Brussels IIa regulation, on cross-border family matters.

Brussels IIa has applied since 1 March 2005 and is the main instrument for families involved in cross-border divorce or children proceedings. It establishes rules to decide which EU member state’s courts can determine divorce and other matrimonial matters, and parental responsibility matters (including residence and contact), and how orders arising from these cases can be recognised and enforced in another member state. It also provides rules on the return of children abducted to, or wrongfully retained in, other member states (usually by one parent), which supplement the international 1980 Hague Child Abduction Convention.

Following an evaluation of the current regulation the Commission’s proposal aims to improve its use by providing clearer deadlines for certain procedures; making it easier for judgments to be recognised and enforced in another member state; clarifying and streamlining certain parts of cross-border child abduction proceedings; removing the possibility that a court will refuse to enforce a judgment on the basis that it would have applied different national rules to whether a child should have been heard in the proceedings; and clarifying and improving the procedures for co-operation between authorities.

Notwithstanding the result of the referendum on EU membership the Government consider it is in the UK’s interests to opt in to this proposal. First the UK already applies the current regulation to the benefit of UK citizens, including children, in cross-border families, and it wants to avoid the risk that, if the new regulation comes into force before the UK’s exit, and the UK has not opted in to the regulation, the existing regulation will no longer apply to the UK because it might be deemed inoperable. This might mean for a period of time no EU instrument regulates these matters for UK families even though the UK is still a member state. Secondly, even after a UK exit the regulation will affect UK citizens, principally in other member states, and it is in the UK’s interests to influence the negotiations. As a family justice measure, this proposal must be agreed by unanimity in the Council.

During the negotiations the Government will aim to make sure that what is agreed respects national competence, limits any impacts on domestic law and procedures and minimises any additional burdens on the courts and the authorities that will use the new regulation.

[HCWS225]

Birmingham Pub Bombings: Legal Aid

Oliver Heald Excerpts

Wednesday 26th October 2016 Commons Chamber

[The Minister for Courts and Justice (Sir Oliver Heald)]

May I join in the tributes to the hon. Member for Birmingham, Yardley (Jess Phillips) and pay tribute to those who have supported her? We have heard tonight from the hon. Members for Birmingham, Northfield (Richard Burden) and for Birmingham, Selly Oak (Steve McCabe), and from my hon. Friend the Member for Solihull (Julian Knight).

I was a young student when the bombings happened. Like others of my generation, I remember the sense of deep shock and horror at this event in November 1974—it was shortly after the general election when Harold Wilson won by a narrow majority—when bombs exploded in two public houses in central Birmingham. Twenty-one people were killed, and 222 others were injured. At the time, it was the deadliest act of terrorism that had happened in Great Britain since the second world war. It caused great shock, not only in Birmingham, as the hon. Lady has said, but right across the country. People were horrified by what had happened. I remember the deep national mood of mourning at the time. The Government express their heartfelt sympathy to the friends and the families of all the innocent people who lost their lives in that shocking crime, and to those who were injured and had their lives changed by this awful event.

There are inquests where families need more help than they would get in an ordinary—if one can call it that—inquest, which is a matter of finding out fairly simply what the situation was, with the coroner asking the questions. The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which has been mentioned, enables the provision of exceptional case funding for representation in such cases if certain tests are met. The Legal Aid Agency decides legal aid applications entirely independently, which is why Ministers have said—rightly so, I think the hon. Lady would agree—that it is not for politicians to interfere in its independent decision making.

Two applications have been received by the Legal Aid Agency. So far, one has been granted and, as the hon. Lady said, a way has been suggested of finding the other application to be within the rules. Those applications do not cover all the families who have been bereaved, so there may be further applications. I welcome, as she has, the fact that one of the applications has been accepted and that a way has been found to proceed with the other.

The Birmingham and Solihull coroner, Louise Hunt, has decided to reopen the inquests into these deaths, because she felt that there was sufficient reason to do so. That is partly because of the campaign that has been waged to resume the inquest and to look at the new evidence, which she feels should be investigated. I do not know whether the hon. Lady would agree, but I take the view that there is a role for campaigners to get behind an issue, to press and to push, and for Members of Parliament to help them. She mentioned Chris Mullin, and it is true that he took part in such a campaign, as she is doing in relation to this.

The exceptional case funding scheme is not intended to provide a general power to fund cases that fall outside legal aid. Legal aid is fundamental to our system. Resources are not limitless, as we all know, and it is always necessary to make sure that public confidence—

[Jess Phillips]

I wonder whether the fund that the other actors in the inquest will have is limitless.

[Sir Oliver Heald]

That is a point that the hon. Lady has made. I will come to it in a second, but I think there is an issue here that needs examination. The decision about whether to provide legal aid funding in an individual case should not be a political one. It is solely for the director of legal aid casework at the Legal Aid Agency to decide whether a particular case is within the regulations and the laws, which we in Parliament have set.

On the overall position mentioned by the hon. Lady, I want to make it clear that we acknowledge there is a wider issue. It turns on the perception that, as she mentioned, families in very difficult circumstances with complicated cases have gone unrepresented while public bodies and individuals are represented at a cost to the public. The Ministry of Justice and the Home Office are rightly working collaboratively to consider that issue.

As the hon. Lady said, the families at the 7/7 inquest received legal aid exceptional case funding, which was under an earlier scheme. The issue related to the terms and conditions for receiving legal aid. In fact, it is obvious from what has happened in recent days that it is possible to receive legal aid under the current scheme.

Questions have been asked about other possible funding arrangements, and the arrangement used for the Hillsborough families—the Home Office made direct grants for representation at the hearing of inquest—does raise a question. The Hillsborough inquiry was expertly conducted by Lord Justice Goldring, who investigated the case in a very sensitive, effective and thorough way, but there are lessons to be learned about the tragic history of Hillsborough. As the hon. Lady may know, Bishop James Jones, who played a distinguished part in tackling the Hillsborough case, is preparing a report on how it was dealt with, and we want that report to inform how we take this work forward.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

The Minister is addressing the points raised well. If, as he says, he is looking at the lessons to be learned, will he tell the House tonight that he agrees with us that there should be parity of funding for the legal costs in this inquest? Does he agree with the parity principle—yes or no?

[Sir Oliver Heald]

What is important is that there should be an element of equality of arms in the sense that the work that needs to be done for the families should be done effectively and in accordance with the funding arrangements put in place by the Legal Aid Agency. Let us be clear that for cases that involve an inquest for which exceptional case funding has been agreed, I have never heard the scheme described as not providing enough funding for particular items of work for lawyers. The point is that there are rules about how people can enter the scheme and, as appears from the decision that has been mentioned, such a case has led to funding.

I want to make the point that the coroner for the Birmingham inquest will be His Honour Judge Peter Thornton, the previous Chief Coroner, and I am sure that he will have the confidence of the families. I am grateful to hon. Members who have spoken in this debate, and I think we will all want to pay tribute to the way in which the families have campaigned.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

May I briefly draw the Minister’s attention to the fact that, for 7/7, there was never any question of a problem with the investigation, but there was such a problem with Hillsborough and with Birmingham? Therefore, unless he now agrees to parity of funding, he will not be addressing the fundamental problem, which is that there was a difficulty with the police investigation. That is what the families object to.

[Sir Oliver Heald]

We may just be talking semantics. I certainly agree that it is important for families with legal aid representation to be able to do what their lawyers think is necessary to conduct their affairs at the inquest properly. If the right hon. Lady is simply saying that the amount of money must be exactly the same for all, I do not think the system would ever work in that way. My own experience of appearing at inquests, as I have in the past, and of appearing in cases is that different rates of pay can be given to different lawyers, but the important thing is that the lawyers should be doing what is necessary, in a competent and effective way, to represent their clients. From what I know of the solicitors who have been granted a legal aid certificate—I am not in a position to say who they are—I do not think that is an issue.

[Jack Dromey (Birmingham, Erdington) (Lab)]

First, I praise my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for her outstanding speech—she spoke passionately about a grotesque injustice. As the shadow Minister for Policing at the time, I was involved in the discussions on the Policing and Crime Bill and the Hillsborough inquest. It was indicated then that there was sympathy for proper representation for the Birmingham families, based on the Hillsborough model. Why has it taken so long that, just three days before the process starts, there is at last movement? Why can the Minister not give the simple assurance that the Hillsborough principle will be replicated in the Birmingham case?

--- Later in debate ---

[Sir Oliver Heald]

As I have indicated, the Ministry of Justice and the Home Office are looking at the best way forward. We want to learn the lessons from Hillsborough and regard the report being prepared by Bishop Jones as an important part of that. The issue is not so much whether the funding is through the legal aid fund or through a Hillsborough-type approach as the fact that the families should be represented if the case requires. That is the system we are trying to create.

[Mike Wood (Dudley South) (Con)]

Will the Minister give way?

[Sir Oliver Heald]

I have about half a second, but I will, quickly.

[Mike Wood]

Does the Minister recognise that the basic test of fairness for the families is that they all need access to representation and that that representation needs to be at the same level as that of other parties in the inquest?

[Sir Oliver Heald]

Yes, and it is important—

Civil Legal aid (Merits Criteria) (Amendment) Regulations 2016

Oliver Heald Excerpts

Thursday 20th October 2016 General Committees

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I beg to move,

That the Committee has considered the draft Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 (S.I. 2016, No. 781).

May I say what a pleasure it is to serve under your chairmanship, Mr Turner? I welcome the hon. Member for Neath (Christina Rees) to her new and also her former responsibilities. That is welcome, and I hope we can work together on this important area.

The statutory instrument amends the Civil Legal Aid (Merits Criteria) Regulations 2013, which I will refer to as the 2013 regulations and which broaden the availability of legal aid. The statutory instrument enables legal aid funding for certain cases where the prospects of succeeding are marginal—that is, below 50% but between 45% and 50%—or borderline, which means that it is not certain that the prospects can be quantified. In most instances, the case must be of overwhelming importance to the individual or of significant wider public interest.

The 2013 regulations set out the merits criteria to be applied by the director of legal aid casework at the Legal Aid Agency when deciding whether an applicant qualifies for civil legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, commonly known as LASPO. The criteria provide the basis for deciding whether it is justified to provide or to continue to provide public funds in an individual case. In some cases, that includes an assessment of the prospects for success in a case, and that is what we are talking about with this statutory instrument.

In July 2015, there was a judicial review. The High Court declared certain aspects of the 2013 regulations to be unlawful—specifically the requirement for a case to have a 50% or higher chance of succeeding to receive legal aid funding for full representation. The Ministry of Justice introduced interim regulations to comply with the High Court judgment pending appeal. That enabled funding for certain cases with a prospect of success below 50%. In May 2016, the Court of Appeal overturned the High Court decision and held that the 2013 regulations as they were prior to that decision were lawful.

The Legal Aid Agency announced that in light of the Court of Appeal’s decision on the lawfulness of the 50% threshold, it would no longer provide funding for cases with less than a 50% chance of success. The Ministry of Justice agrees with the judgment of the Court of Appeal that it is a balanced and proportionate approach to the granting of legal aid and that it cannot be condemned in any way as being arbitrary.

However, where an assessment of the prospects of success applies, there have always been certain exceptions to the 50% threshold. It is for those reasons that my hon. Friend the Member for North West Cambridgeshire decided that the Government should look at providing some flexibility. The Government have decided to make legal aid funding available for cases where the prospects of success are borderline—that is, very hard to quantify—or less than 50%, but at least 45%, which we call marginal. For most cases where a prospect of success test applies, the exception for cases with borderline or marginal prospects is subject to the case being of overwhelming importance to the individual or of significant wider public interest. In other cases, such as domestic violence cases, the amendments made by the statutory instrument will mean that legal aid is available in borderline and marginal cases without having to meet the additional criteria. Legal aid will also be available where the substance of the case relates to a breach of convention rights under the European convention on human rights.

The Government consider public funding to be justified in cases with marginal or borderline prospects of success, even though that is not legally required. To that end, the Ministry of Justice has introduced the amendments made by the statutory instrument. It must be remembered that the regulations do not impose a uniform set of merits criteria. The criteria depend on the type of legal services and the type of case for which funding is sought. There are areas, such as legal help, Court of Protection cases and public law children cases, where prospects of success do not have to be shown.

We introduced the amendments using the urgency procedure provided for under LASPO because we thought it important to give clarity to legal aid providers and to introduce new exceptions to allow the funding for borderline and marginal cases. That was over the summer, so I think hon. Members will accept that that was a reasonable approach.

The regulations introduce small but important changes to the 2013 regulations. I am pleased that they were examined without comment by the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, and I commend them to the Committee.

--- Later in debate ---

[Sir Oliver Heald]

I thank the hon. Lady for her remarks. We all agree that deciding where the borderline cases fall is not an easy exercise, but we have tried to go beyond the Court of Appeal judgment in order to give more flexibility. That is the right approach, and the regulations reflect that. In a sense we are at one on this: it will always be an area of difficulty.

It is true that it was said at the time that LASPO would be reviewed after three years and before five years had elapsed. I can confirm that that is what we intend; we have not yet announced the date of that review, and I am not tempted to do so today, but we do intend it and I hope that on that basis the Committee will support the regulations.

Question put and agreed to.

Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 6th September 2016 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

7. What assessment she has made of the adequacy of court provision in Bury.

[The Minister for Courts and Justice (Sir Oliver Heald)]

There is, and there will be, an appropriate level of court provision for the people of Bury.

[Mr Nuttall]

I warmly welcome my hon. and learned Friend to his new role and thank him for that brief reply. Although court provision might be regarded as adequate now, it is important that it continues to be adequate in the future. I ask the new Lord Chancellor and ministerial team to look again at the proposals for north Manchester and, in particular, at the consequential effects on the police budget, given that the police will be faced with longer journey times when they attend court.

[Mr Speaker]

We might be faced with longer questions as well, but we are immensely indebted to the hon. Gentleman nevertheless.

[Sir Oliver Heald]

May I start by paying tribute to the work that my hon. Friend has done and the proposals he has made for his local courts? He will know, as a lawyer, that we are investing a huge amount of money—a good £1 billion—to transform our courts and tribunals. Modern technology improves efficiency and means that fewer people need to attend court in person. Excellent facilities are available to the people of Bury and Manchester, which have some of the best courts in the country.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Minister will know that the proposals across the whole of Greater Manchester are far-reaching and that they are controversial in parts of the city region. Will he explain to the House precisely what was agreed with Greater Manchester combined authority in the memorandum of understanding that his Department signed with it? Does it mean that the combined authority can look again at some of the court closures?

[Sir Oliver Heald]

The hon. Gentleman will realise that none of these decisions is taken lightly. It is important to work closely with local government, and that is exactly what has been happening. To give him an impression of the tremendous improvement the court modernisation programme is making, it has been going for four months and 6 million pieces of paper have been avoided as a result.

[Chris Bryant (Rhondda) (Lab)]

Avoided?

[Sir Oliver Heald]

Yes, 6 million pieces of paper have been avoided by using digital case files. That is a pile of paper as high as the Shard—the largest building in London.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

rose—

--- Later in debate ---

[Kate Hollern (Blackburn) (Lab)]

13. What steps her Department is taking to ensure access to justice regardless of ability to pay.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government’s reform programme is intended to deliver a simpler modern justice system that is available to everyone.

[Kate Hollern]

East Lancashire, which includes my constituency and up to five other constituencies, has only one legal aid solicitors firm to deal with housing. What is the Minister going to do about that legal advice centre desert?

[Sir Oliver Heald]

It is important for legal aid to be available, and it is, in housing cases. It is also available in the most vital cases, in which people’s lives, liberty or homes are at stake. It is available in domestic violence cases, and cases in which children may be taken into care. I am, of course, grateful to the hon. Lady for highlighting the issue, but let us be clear about the fact that legal aid in housing cases is available, as is a national helpline, as well as the services of lawyers throughout the country.

[Mr Douglas Carswell (Clacton) (UKIP)]

T1. If she will make a statement on her departmental responsibilities.

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[Paul Blomfield (Sheffield Central) (Lab)]

T7. The Justice Committee has expressed concern that judges are now reporting that they hear no money claims at all—claims that were brought by workers in low paid sectors and which often succeeded. So when will the Government publish the review of the impact of employment tribunal fees, which is now six months overdue, and act to restore justice for low paid workers?

[The Minister for Courts and Justice (Sir Oliver Heald)]

May I start by welcoming the Justice Committee’s report on court and tribunal fees? We are intending to respond, and we are also going to publish the review of changes to employment tribunal fees in due course. This is an important area and we will do that.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T6. I want to ask the new Secretary of State about the treatment of women giving birth in prisons and those with young children, and whether she will do more to ensure children have access to their mothers and, where appropriate, their fathers, and can be as near to them as possible.

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[Andrew Bingham (High Peak) (Con)]

T9. Following the closure of Buxton courthouse in my constituency, the previous Minister decided, following my representations, that the work should go to Stockport, not Chesterfield, as had originally been intended. However, a sign has now appeared on the disused courthouse saying that the work has gone to Chesterfield. Will my hon. and learned Friend please investigate this and ensure that the decision made by the Minister is implemented, rather than the one envisaged by the officials in the original, flawed consultation?

[Sir Oliver Heald]

I am grateful to my hon. Friend for raising this issue. He will be pleased to hear that I have had that notice taken down. The response to the consultation stated that the work would go to Stockport and Chesterfield, and that is what is happening.

[John Cryer (Leyton and Wanstead) (Lab)]

Further to a previous question, I have many constituents who cannot get access to employment tribunals because the fees introduced during the last Parliament have proved prohibitive. Will the Minister promise to make a statement to the House on the impact of those fees?

[Sir Oliver Heald]

As the hon. Gentleman will have heard, we recognise that we need to produce our review—which we are going to publish—and to respond to the Justice Committee’s report. Those documents will be available in the Vote Office, and that will happen in due course. We are committed to doing that.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

Effective court administration is a very different matter from retaining inefficient and costly court buildings. The question is whether the closures are going hand in hand with investment, efficiency and the best use of technologies in the surrounding courts—not least in Bury, Mr Speaker.

[Mr Speaker]

I was not psychic; I now realise what the hon. Gentleman was driving at earlier. I am glad that he was persistent. Persistence pays.

[Sir Oliver Heald]

My hon. Friend is right. We need a programme of transformation that maintains the very high quality of our legal system—I am sure Members would agree that it is one of the best in the world—but we want to make it the most modern as well, and that is what we are doing. We are investing £1 billion, we have saved a Shard-load of paper, as I mentioned earlier, and we are going to do a lot more, so that our courts can benefit from the digital revolution that every other part of society is already benefiting from.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

My constituent’s 17-year-old son Shaquan was murdered last year in Brockley. Will the Minister meet me and Sharon, Shaquan’s mother, to discuss the repeated failings in our justice system that mean that his killer is still walking the streets?

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[Ms Margaret Ritchie (South Down) (SDLP)]

Does the Secretary of State accept that the Human Rights Act 1998 is an indispensable part of the Good Friday agreement and that, whatever the plans are for elsewhere, the Government, as a co-guarantor of the agreement, are obligated to retain the Act in Northern Ireland?

[Sir Oliver Heald]

The UK has led the world in human rights, from Magna Carta to habeas corpus, and the Government are committed to bringing forward a British Bill of Rights further to build on those ancient protections. The Prime Minister has already met Nicola Sturgeon to make sure that the UK works together—[Hon. Members: “This is about Northern Ireland.”] As the Secretary of State said, we intend to meet all those across the United Kingdom who have concerns about this.

[Matt Warman (Boston and Skegness) (Con)]

Over the summer I visited the job club at North Sea Camp prison in my constituency, which was set up at the behest of prisoners there. Does the Minister agree that some of the best examples of rehabilitation are to be found in category D prisons? Will he come and see that prison so that we can learn about what really good rehabilitation can do for prisoners’ life chances across the wider prison estate?

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[Angela Crawley (Lanark and Hamilton East) (SNP)]

I received assurances from the Government that the post-implementation review of tribunal fees would be published late last year. Nine months on and after thousands more discrimination cases, we are still waiting. Why has it taken so long for the Government to get a move on and publish the review? Will the Government follow the Scottish Government by abolishing tribunal fees completely—that is Scotland, not Northern Ireland?

[Sir Oliver Heald]

As the hon. Lady says, it is right that the review should be published. It will be published in due course with the reply to the Select Committee. We welcome the report and the discussion, so I thank her for her question.

[Fiona Bruce (Congleton) (Con)]

Will a Minister confirm that this ministerial team will continue the good work of its predecessor in considering how prisoners’ family ties can be strengthened to improve rehabilitation and reduce recidivism?

Police Grant Report (England and Wales)

Oliver Heald Excerpts

Wednesday 10th February 2016 Commons Chamber

[Jack Dromey]

My hon. Friend sets out the case powerfully. There is no question but that need does not determine the way this Government allocate funds, whether to the police service or to local government. I will return to that point.

There was another broken promise. The Prime Minister said in 2010 that he would protect the frontline. Not true—12,000 front-line officers have since been lost. It was a broken promise and, to add insult to injury, not only are the Tories continuing to slash police funding, but they are expecting the public to pay more for it. The Tory sums rely upon local people being charged an extra £369 million in council tax. Our citizens and the communities we serve are being asked to pay more for less.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

In a forward-looking county such as Hertfordshire, which has the pressures of supporting London and Luton and policing major roads, it has been possible to use more police on the frontline and more modern methods. In Hertfordshire the police precept is being cut as the funding settlement is perfectly adequate.

[Jack Dromey]

Every week I see innovation in the police service; of that there is no doubt. In relation to road policing, to which the hon. and learned Gentleman refers, there are profoundly worrying signs that the progress made over many years, particularly under the Labour Government, in reducing road deaths, for example, is starting to reverse as a consequence of the cuts in road policing and other aspects, such as CCTV cameras. I am totally in favour of innovation and greater collaboration—for example, between the police and fire service—but ultimately there is a simple, grim reality: the remorseless downward pressure on our police service. The people who are paying the price are not just our police officers, but the public we serve.

[Sir Oliver Heald]

rose—

[Jack Dromey]

I shall refer later to old Macmillanites. On the basis that I believe the hon. and learned Gentleman to be one, I give way.

[Sir Oliver Heald]

The hon. Gentleman is very generous, though I shall not comment on that. Does he agree that police force reserves around the country are substantial—Hertfordshire has £48 million, but in one case the figure is as high as £71 million.

[Jack Dromey]

If I can put it this way, that is a canard, as we used to say in the T and G. Of course it is right that reserves should be used. Looking at the pattern across the country, however, why are they typically built up? The reasons range from investment in bringing three or four buildings into one, as the West Midlands police service has done in Birmingham, through better technological equipping of our police service—we need a technological revolution in policing—to planning ahead to recruit more police officers so that, even if the overall numbers are falling, the service is at least bringing in some fresh blood. If we look at the various studies that have been done of police reserves, including by the National Audit Office, we see that the line of argument has never stood up that all will be well if only the police use the hundreds of millions of pounds that are somehow there.

Opposition Members are with the police when they say efficiency savings can be made. Crucially, in the run-up to the last general election, we identified £172 million that could be saved through mandated procurement alone. Other measures included full cost recovery on gun licences, ending the bizarre arrangement whereby the police have to subsidise the granting of gun licences. If the Government had embraced that plan, we would have saved 10,000 police officers in the first three years of this Parliament.

Efficiency savings are one thing, but, ultimately, decisions have to be made. We listened to the police, and in the light of the tragic attacks in Paris, they said, “We think we can make up to 5% efficiency savings”—I stress again that we ourselves identified how one could do that. However, it was clear beyond any doubt that the chilling message from the police, who are so vital in maintaining our security, was that going beyond that would compromise public safety. I will never forget the powerful letter from Mark Rowley, Scotland Yard’s head of counter-terrorism, who said that, post-Paris, we have to look at things afresh. Ultimately, numbers matter.