Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015
Shailesh Vara Excerpts(8 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I beg to move,
That the Committee has considered the Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015 (S.I., 2015, No. 1414).
Mr Hamilton, it is a pleasure, as always, to serve under your chairmanship this afternoon. It is not often that I can say that I do not anticipate any opposition from the Opposition, and I hope that in this instance there will not be any, although that is not always the case.
The regulations amend the Civil Legal Aid (Merits Criteria) Regulations 2013 to set out the merits criteria that an applicant must meet to qualify for civil legal aid for a female genital mutilation protection order. The regulations also make amendments to specify the applicable merits criteria for legal representation in relation to immigration matters for victims of modern slavery, servitude and forced or compulsory labour.
The Government considered it important that the provisions were brought into force without delay so that victims and potential victims of modern slavery or FGM could be protected. In particular, it was a Government priority that the FGM protection order provisions commenced before the start of the school summer holidays as a means of protecting girls and women from being taken abroad during that period. For those reasons and owing to limited parliamentary time, the regulations before us were made and brought into force using an urgency procedure. We now seek the approval of the Committee for that order.
FGM protection orders were introduced in the Serious Crime Act 2015 and came into effect on 17 July. Courts now have the power to grant FGM protection orders to protect women and girls against genital mutilation offences and to protect women and girls against whom such an offence has already been committed. The making, varying, discharging and appealing of FGM protection orders was brought within the scope of the civil legal aid scheme by the 2015 Act. Amendments were also made to the legal aid regulations, including to the financial means test, under the negative procedure, to accommodate the introduction of FGM protection orders.
The Modern Slavery Act 2015 makes provision for the protection of victims of modern slavery, servitude and forced or compulsory labour and came into effect on 31 July 2015. The Act provides tools to tackle modern slavery, to ensure that perpetrators receive appropriate punishments and to enhance the support and protection available to victims.
One of the amendments to the 2013 regulations permits the application of less stringent merits criteria for FGM protection orders than those applied more generally in relation to applications for legal representation. The amendment provides for specific merits criteria to apply for applications for legal aid for FGM protection orders. It does that by specifying that the relevant merits criteria are the same as those applied to applications for full representation in domestic violence cases.
Regarding victims of modern slavery, the regulations provide for specific merits criteria to be applied to applications for legal representation in immigration matters. The effect of the amendments is to provide that specific forms of civil legal service known as help at court and investigative representation are not appropriate forms of civil legal service in connection with immigration matters. Additionally, the amendments apply the existing merits criteria under regulation 60 of the 2013 regulations to applications by victims of slavery for full representation in immigration matters.
The Government are committed to protecting victims and potential victims of FGM and modern slavery. The regulations make relatively minor but nevertheless important changes to the civil legal aid scheme following the implementation of FGM protection orders and of enhanced protection for victims of modern slavery, and I commend them to the Committee.
Courts and Tribunal Services (England and Wales)
Shailesh Vara Excerpts(9 years ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I congratulate my hon. Friend the Member for Bath (Ben Howlett) and, indeed, the hon. Member for Hartlepool (Mr Wright) on securing a very important debate about a very important subject, and also on managing to secure so many speakers on what is—save for the half-hour Adjournment debate that will follow—the last debate before the conference recess.
I am not sure whether congratulations are in order in the case of the hon. Member for Hammersmith (Andy Slaughter). [Interruption.] The hon. Gentleman has just said that he still does not know whether he will continue in his job as a shadow Justice Minister. I wish him well in the decision-making process that will take place at another level, but I hope that he will know once the conference recess is over, and, for his sake, I hope that it is sooner rather than later.
A number of serious points have been raised by Members on both sides, and they have been put forward in an articulate and passionate manner. I pay tribute to all those Members for the way in which they spoke up for their constituents, and I hope to be able to address many of their points. There were several recurring themes, and I shall address each subject, but I shall make reference to individuals when appropriate as well.
There is one point I want to take up at the outset. Several Members talked about errors in the consultation document, and for that I make an apology. To the extent that there are errors, I apologise. I want to make it clear that this is a three-month consultation, and some colleagues have already written to me. Others should please do so, and I will seek to put the record straight wherever possible. This is not an excuse—it is inexcusable to have errors when we are making such important decisions—but there have been 91 separate proposals for the 91 courts, and in an age in which we still operate with human beings, I hope that some allowance can be made for human error.
The court reform programme has the full support of the judiciary. It is a programme that seeks to bring the courts and the tribunal service in Britain into the 21st century. We want to create a court system that better serves the public and other users, as well as making better use of the taxpayer’s money, which helps to pay for it. My hon. Friend the Member for Bath and the hon. Member for Hartlepool spoke knowledgably in the debate. My hon. Friend made a balanced speech, as the hon. Member for Hammersmith said. He spoke about Sir Brian Leveson’s proposals. Sir Brian makes a compelling case, and I agree entirely with his proposals. We wish to see them put in place as soon as possible.
For the record, I am proud to say that the hon. Member for Hartlepool is a friend. He made that point, and I am proud to make it as well. I hope that my saying that will serve to show that while the public might see our disagreements in the Chamber or on their television screens, there is no reason why there cannot be good friendships across the political divide.
The hon. Member for Stockport (Ann Coffey) spoke about the justice areas. I must point out to her that the Ministry of Justice does not get involved in that issue. It is a matter for magistrates, and the consultation to which she referred is really a matter for them and not for me.
My hon. Friend the Member for High Peak (Andrew Bingham) raised a number of points, and I take on board what he said. I will look into the fact that he has not received a reply to his letter. I am concerned about that, and I will ensure that he now gets a prompt reply.
My hon. Friend the Member for Newbury (Richard Benyon), whom I saw yesterday, talked about local issues and local justice, and I will say more about that later.
The hon. Member for St Helens South and Whiston (Marie Rimmer) and I have corresponded, and she has indicated that our correspondence will continue.
My hon. Friend the Member for Vale of Clwyd (Dr Davies) made a short contribution, in which he sought an assurance that this will be a genuine consultation. I can give him that assurance.
The hon. Member for Scunthorpe (Nic Dakin) also spoke in the debate, and it was good to hear again what he had told me less than 24 hours ago, in a meeting room over coffee.
I want to make it absolutely clear to my hon. Friend the Member for Torbay (Kevin Foster) that I am open to other options, and I shall say more about that later.
My hon. Friend the Member for Brigg and Goole (Andrew Percy) also mentioned local justice, a matter to which I shall return.
One of the strongest recurring themes in the debate was access to justice. Of course there will always be cases that need to go to court, and the court buildings will be there for the cases that need to be heard there. In the 21st century, however, we need to look again at the way everything operates, and that of course means looking at the digital and technological age. It is out there, whether we are shopping, doing our banking, renewing our passport or our driving licence, or doing a whole lot of other activities, and there is no reason why the realm of justice should not consider technology as well. That, to be fair, has been acknowledged by Members across the political divide.
We must also recognise that one third of the court estate is used for less than 50% of the time available. We have to consider ways of making better use of the courts so that taxpayers’ money goes that much further.
Crucially, we also need to consider what access to justice means in the 21st century. For many, it means proximity. They believe—in the way people have believed for decades and, indeed, centuries—that there should be a court nearby to which people can go and show their physical presence in a building that we call a court, but the reality is that we have already started a judicial process whereby people deal with cases without going to court.
A substantial number of magistrates court cases are already being dealt with by post, particularly low level traffic offences, speeding, avoiding payment of the TV licence and the like. We propose that they move online, to be dealt with even more efficiently. We have successfully trialled the process, and soon people will not only plead guilty or otherwise online but will be able to pay their fines online from the comfort of their sitting rooms on a Saturday evening. They will be able pick up their phone and plead guilty and pay their fine. They cannot do that now. Access to justice can be from our sitting rooms.
The technology can be used in other ways, too, such as video-conferencing. Colleagues have talked about people travelling to courts. We do not envisage people travelling to courts as often as they do now. With the introduction of video-conferencing, victims, witnesses and others will be able to give evidence from places near to where they live, rather than having to travel to courts. In Wales, for example, a videoconferencing facility in a community centre is available for people to use if they do not wish to go further away to a court.
Going to court is a stressful experience for anyone, particularly victims and witnesses, and especially if they are vulnerable. Rather than go into an austere-looking building with sombre-looking people in a court room, it would be much better for those people to go to a more comfortable room close by that has been adapted for video-conferencing facilities.
Medway magistrates court has been connected to every police station in the county that has a custody suite. If somebody is arrested and kept overnight in a police cell, the police and the defendant do not have to go to court the following day and the video-conferencing facilities do the work that would otherwise have required people to be physically being present in court. We intend to extend the practice in Kent.
Many prisons already have video-conferencing facilities. All here will agree that it is eminently sensible that we do not have the scenario, which we had everywhere until very recently and we still have daily in many prisons, where prisoners are transported from the prisons to the courts, with all the security, travel, costs and so on involved. We are going to have a system that can dispense with the costs, the travel, the hassle and the inconvenience —it will be a lot cheaper.
We already have, albeit not to the extent we would like, a system whereby lawyers do not go to court and hang around for a considerable time before appearing for 10 or 15 minutes before a judge. Both sets of lawyers and a judge can agree a time and have a conference call. The lawyers stay in their offices or their chambers, and the judge stays in his or her office in the courtroom, and in 10 or 15 minutes they resolve the issue, which otherwise would have meant lawyers going to court, with all the time, stress, inconvenience and cost involved. All of that is now dispensed with. Clearly, there will be a reduction in travel times. This system will be speedier and more efficient, and it will certainly be of great assistance to those of a vulnerable disposition.
We have to recognise that the public expectation has changed—I referred to that earlier—particularly among the young. They expect that they should be able to do things online, and that is increasing. We have a duty to recognise how the world is changing and how the new generation is operating. It would be wrong for us in Parliament not to recognise that the systems for which we are responsible should adapt to the way the world is operating.
We must also recognise that the state of some court buildings is not fit for the 21st century. Some are simply not fit for purpose, some are listed and some are not compliant with the provisions of the Equality Act 2010, particularly regarding facilities for disabled people. We have courts that do not have proper facilities for prisoners to arrive and be taken in a secure fashion to a cell or a room. We have courts that do not have proper facilities to keep victims and witnesses separate. The hon. Member for Hartlepool asked what criteria we had used. We may not have used the criteria for some of the questions that he raised, but I hope that by illustrating the inadequacies of some of our courts we will have gone some way towards showing some of the practical considerations we have taken into account, as well as utilisation, of course. I spoke yesterday to a Member who contributed to this debate, along with a magistrate from his constituency. The magistrate, who was lobbying to keep his court, actually referred to some buildings as “Dickensian”.
Let me be very clear: although the current court building is up for consideration for closure, I am very much open to suggestions about other buildings, such as town halls or civic buildings. For example, where a court is utilised at the moment for one, two or three days a week, there is no reason why there cannot be court proceedings in a town hall or civic building for two days a week. Council leaders have approached me saying that they would be open to their council chamber being used as a court. Sadly, in the case of the one particularly strong representation that was made to me there are no nearby courts proposed for closure, but this person asked me to bear him in mind in case circumstances change.
I want to make it clear that, right now, we are paying for buildings seven days a week, 24 hours a day, when they are actually being utilised for a fraction of that time. The modern world says that we should move on and rent premises elsewhere.
Ann Coffey
The Minister is very eloquent about his vision for the justice system of the future. I absolutely agree with every single word he says about 21st century justice and looking at alternatives, but the problem is that I cannot relate that to the consultation document before me. I cannot see how his vision is met within the proposals for the closure of courts in Greater Manchester. What we are seeing is something that is too embedded in court closures, rather than that vision across the county.
Mr Vara
We have set out our arguments in the consultation document to the extent that there are other submissions that can be made. I have made it clear, and I will make it clear again, that Members can write to me. This was not a rushed consultation over a four-week period or anything like that. This was a 12-week consultation. Many Members have written to me, seeking clarifications. I have responded as promptly and as efficiently as I can. The consultation started on 16 July, so I made it absolutely clear to my office that any Member who wanted to see me in the two weeks before the conference recess should be able to do so, and I am happy to say that I have managed to achieve that. Incidentally, the hon. Lady mentioned that she had asked three questions. They have been replied to and published. One of them requires quite a bit of time to get the information, but I have undertaken to write to her. My replies might be in her office, or she might not have got round to seeing them.
There is a vision, but I invite colleagues to write in with other suggestions. I am mindful of the fact that I must give a couple of minutes to my hon. Friend the Member for Bath, who proposed the motion, but in the minute I have left I will talk about technology.
We have already started to spend a budget of some £130 million to ensure that we have a first-rate digitalised system. Furthermore, we have a world class legal system. These reforms will ensure that we maintain it. I have seen many Members, and I look forward to seeing any more who still wish to see me. Some might even want to see me for a second time, and I am happy to do that. I am certainly open to more correspondence.
Magistrates Courts: Suffolk
Shailesh Vara Excerpts(9 years ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
As always, it is a great pleasure to serve under your chairmanship this morning, Sir Roger. I thank my three hon. Friends for their contributions today. I particularly thank my hon. Friend the Member for Waveney (Peter Aldous) for securing this important debate, but I also thank my hon. Friend the Member for Bury St Edmunds (Jo Churchill) for her contribution and my hon. Friend the Member for South Suffolk (James Cartlidge) for his intervention.
Let me make one thing absolutely clear. There is no doubt that all three Members have been diligent and conscientious in how they have spoken up for their constituents. They have corresponded with me and met me. Indeed, they have enforced the point by having this debate. I have to say that I have learned a lesson. I tried to jest a little in oral questions when I told my hon. Friend the Member for Waveney that the figures he cited reflected the low levels of crime in Suffolk. I had the last word in the Chamber, but that has rebounded, because he has been able to come back to me this morning. Nevertheless, he has eloquently put forward the arguments for his constituents, as have the other Members.
I again emphasise that the consultation on the reform of the court system in England and Wales is genuine. Indeed, the consultation asks people to make submissions if they can suggest alternative places where the court can sit. There is this notion of the majesty of the court building as we have all known it for centuries and decades, but the 21st century has brought about enormous changes, and with those changes we must recognise that the traditional court building can also change. That is why I have specifically asked for contributions from members of the public and the legal profession if they can suggest alternative venues, such as town halls or other civic buildings, where we might not need to sit for five days a week, but where we could sit simply for a day or two.
James Cartlidge
I accept the Minister’s point; we all support the overall principle of trying to achieve efficiency savings in public services and so on, but does he appreciate that if there is no alternative, it is about having a minimum level of access to justice and the concern that we might be going beyond that? If that is the case, we should accept that we may simply have to preserve the current building, for example in Lowestoft.
Mr Vara
I hear loud and clear what my hon. Friend says, but I will come on to what access really means in the 21st century shortly, if he bears with me. I make clear that any proposals from the consultation will be seriously considered by me and my officials. I take on board the figures that have been mentioned for the number of courts in Suffolk and the surrounding areas and the concerns expressed on the physical building being in Suffolk.
I also take on board what my hon. Friends say on travel times, but I turn to what precisely “access to justice” means. Access to justice in 21st-century Britain is different from what it has meant in centuries and decades before. Before, it meant proximity—the ability to go physically to a court, with all the majesty that goes with it—but the world has changed. People now work online. They do things from the comfort of their sitting room. People can now sit on a Saturday evening in the comfort of their armchair and, by use of their mobile phone, go online and plead guilty to low-level offences in a magistrates court, such as low-level traffic offences or the avoidance of payment of a TV licence. Likewise, people will be able, by use of their mobile phones, to pay any fines that may be imposed.
In like manner, access to justice can mean that victims and witnesses, particularly those who are vulnerable, do not have to go to a court and experience all the stress that goes with that. They can go to a room in their locality and, through video conferencing, access a court located elsewhere. Solicitors and barristers no longer have to go to court and hang around for two or three hours to have a five or 10-minute hearing before a judge. They can arrange a telephone conference. Lawyers on both sides of the case can sit in the comfort of their offices and a judge can sit in the comfort of his chambers, and at a given time the three of them can teleconference. That is happening. That is access to justice without moving, from people’s homes and offices.
Mr Vara
I am coming to modern technology. I appreciate the difficulties of broadband. I appreciate the IT teething problems that my hon. Friend the Member for Waveney mentioned. The Ministry of Justice is spending £130 million to ensure that the Courts and Tribunals Service will have an efficient communications system, fit for the 21st century. Of course there will be problems. Nothing will ever be perfect, but that is not to say that when we encounter a problem, we step back. Judiciaries and legal systems across the rest of the world are moving on. If Britain is to stay as a global legal player, we must move and recognise the way that access to justice, technology and the legal process now operate. We are working on the IT problems.
My hon. Friend spoke of his concern that the trials were being carried out only in metropolitan areas and said that that reflected badly on the service that people get in rural areas. Let me be absolutely clear: the service that people receive throughout England and Wales will be uniform. The pilots are carried out in metropolitan areas to ensure that the technology is tested against a whole range of cases, and that is more available in metropolitan areas than in rural areas, where volumes tend to be lower.
In the limited time remaining, which is about 90 seconds, I hope I can sum up by saying that the consultation is genuine. I welcome alternative proposals, whether they are on the siting of courts, the use of video conferencing or other measures that we may not even have thought of. I reassure my hon. Friend that this is a genuine consultation. I have taken on board all that he and my other hon. Friends have said, and I again commend him for having taken the trouble to secure this debate. I hope that I have given him some comfort that I will reflect carefully on all that he and my hon. Friends have to say.
Question put and agreed to.
Welfare Reform and Work Bill (Third sitting)
Shailesh Vara Excerpts(9 years ago)
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Kate Green
Q 132 Could I ask for your comments on a suggestion made to me that if this legislation precedes as currently proposed, there should in fact be a choice for some housing associations to accelerate the increase and take it in the first year or two, rather than it being 1% per annum? Have you any comments on the pluses and minuses of that suggestion?
David Orr: That would be even more destabilising for most business plans, because what you do is bring forward the reduction in rent, and once that reduction is in, it is there in perpetuity. That would just add to the amount being taken out of business plans, so it is not a helpful proposal.
The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
Q 133 Good morning, gentlemen. I just have a few brief questions. For those who are on low incomes, would you agree that the reduction will be beneficial?
Gary Porter: For those who are on low incomes but above housing benefit level, yes, by about 80p a week. For those who earn money but not enough to take them out of housing benefit, no, it will not make any odds. For council tenants, the biggest savers will save about 84p a week. Obviously, if you do not have a lot of money, that extra £1 a week will be a benefit, but there are better ways of doing it.
Mike Donaldson: In L&Q terms, 54% of our residents will not see any benefit at all, because the benefit is to the Treasury—the taxpayer.
Emily Thornberry (Islington South and Finsbury) (Lab)
Before you go on, can I follow this up?
Mr Vara
Q 136 I note what you say about comparability, but you will be aware that between 2004 and 2014, average social rents rose by more than 60% compared with 23% in the private rented sector. Notwithstanding what you said, would you agree that the reduction in social rents will be able to bring some sort of parity between the private sector and the social sector?
Gary Porter: It is the complete reverse. If you force our rents down and allow private sector rents to go up—
Mr Vara
Q 137 Hang on; you say “allow”, but the private sector operates independently. The disparity at the moment is that one has been going up a lot more and the other less so. As I say, look at the figures: between 2004 and 2014, average social rents rose by more than 60% compared with 23% in the private rented sector. Given that this has gone in a certain direction in the past 10 years, if it were to go in the same direction in the next 10 years, clearly one will go up less than the other.
Gary Porter: Private sector rents will go up as a result of this, because there will be less public sector houses built. That will push up the demand in the private sector, which will allow private sector landlords to push their rents up more. That is the way the market works.
David Orr: Sadly, we don’t live in a world that is that simple and straightforward. Social rents going up by 60% is a specific and direct consequence of Government policy to reduce the amount of capital investment in new supply through housing associations, while still wishing to see the same level of delivery.
In the 2010 comprehensive spending review, when capital investment in new supply through housing associations was reduced by 63%, the coalition Government set us a challenge to deliver the same number of new homes or more, specifically by introducing a new rent regime called the affordable rent regime, with much higher rents. That was a Government proposition; it was not asked for or particularly supported by the sector. Having created affordable rents that are designed to be set at 80% of market rates and therefore responsive to what is happening in the market, rebased every time there is a new letting, the Government now want to reduce the rates on those. It is not consistent; that is the problem.
Housing and housing investment is a long-term business. We borrow money and organise finance on a 30-year basis, and that kind of cavalier approach—up one year, down the next; capital subsidy and then changing it to revenue subsidy—plays havoc with the ability of organisations to make the commitments they have entered into.
Emily Thornberry
Q 138 You have been asked a question about those on low incomes and the impact on them of rent going down, and I wanted to pick that up. I wonder perhaps if Councillor Porter particularly might be able to answer this. If rents go down by 1%, will that have an impact on the amount of money that local authorities have available to do repairs, and can you see that having a long-term impact on the service that is available to council tenants?
Gary Porter: Well, yes. Whatever money is taken out of the system will prevent us either, in some cases, from maintaining the homes in the way that we would like to maintain them, or—more importantly from a Government perspective, I would suggest—from building new homes to reduce the long-term housing benefit bill. It will in a few cases have an impact on the ability to maintain homes properly, but I hope that my members would find a way of prioritising making sure that people still live in fit, decent properties. We have a good track record over the past 10 years of improving the high quality of our housing stock, and I cannot see any council easily going back on that. They will make other decisions, other than reducing maintenance, but that will be investment in their value.
British Airways (Pensions Uprating)
Shailesh Vara Excerpts(9 years ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
May I start by congratulating the hon. Member for Stretford and Urmston (Kate Green) on her promotion to the shadow Cabinet, which I am sure will bring her much excitement, as well as much busyness? I also congratulate her on securing this debate. It is clear from this evening’s turnout, on both sides of the political divide, that this is certainly a popular issue, and one that affects many people, and therefore many Members of Parliament, in a wide variety of constituencies.
I trust that the hon. Lady, and colleagues throughout the Chamber, will appreciate that it is not appropriate for a Minister to comment on the running of individual schemes or individual trustee decisions. Moreover, I hope she will appreciate that it is not appropriate for me to comment on matters that are subject to ongoing legal proceedings, as is the case here. She will be aware, as will other Members, that the case brought by British Airways against the trustees is scheduled for a hearing for 25 days in February next year.
Kate Green
As I explained, there are two separate matters. I am not discussing the matter that is before the courts—it would be wholly inappropriate to do so in this House tonight—but raising a separate matter that is not the subject of litigation.
Mr Vara
The trust and British Airways—the whole organisation—have been the hon. Lady’s subject in this debate. Both are taking part in a debate concerning the trust that was originally set up in 1948. I think it is inappropriate to comment, because there is a huge overlap. She has been in the House for long enough to know, as have other Members, that in such a situation where there is pending litigation it is inappropriate and wrong for Ministers to comment. However, I can speak in a general way and, I hope, address some of the issues she has raised.
Dr Tania Mathias (Twickenham) (Con)
I understand that the Minister is unable to comment directly, but does he accept that the High Court has described BA’s behaviour as entirely unrealistic and unreasonable?
Mr Vara
My hon. Friend will be aware that the judiciary are completely independent of the Executive and, indeed, Parliament. It is not appropriate for me to comment on what the judiciary say because they are completely independent and entitled to say what they want in relation to court decisions.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Will the Minister give way?
Michael Tomlinson
I understand the comments that the Minister has made, but will he none the less accept the frustration felt by many people, including my constituents, at obtaining less than they had anticipated when saving for their retirement?
Mr Vara
I fully appreciate the frustration—indeed, anger—of people who were expecting something on their retirement but who will no longer receive it. I hope, however, that colleagues will recognise that the pension scheme was set up in 1948, at a time of nationalised industries when nationalisation was the norm, and we now live in a totally different climate with a totally different economy where the industry is not nationalised any more. We have to abide by the rules of the set-up of that pension scheme. As a trust, it is at arm’s-length from anything that the Government can do. People here who know trust law will appreciate that.
Legislation provides for a minimum level of indexation that applies to certain pensions. Currently, schemes must increase defined-benefit pensions that are in payment and were accrued between April 1997 and March 2006 by inflation capped at 5%. Pensions accrued from April 2006 onwards must be increased by inflation capped at 2.5%. The exact measure of inflation is not defined in legislation. It is for the Secretary of State to make a judgment each year on the measure to be used from those available.
The rules of an occupational pension scheme may make more generous provision than is required in legislation, either regarding pre-1997 accruals or providing for increases above the level of the statutory minimum. However, these are matters for schemes and the trustees; the scheme will have met its obligations under pension law by paying the statutory minimum.
I understand that the APS rules provide for the rate of increase to be the same as those specified in orders issued under section 59 of the Social Security Pensions Act 1975, which provides for public sector pension increases. Every year, public service pension increases are set out in an order issued by Treasury Ministers under section 59, which requires the Treasury to provide the same level of increase as the additional state pension that is set out in the social security benefits uprating order made by the Secretary of State under the Social Security Administration Act 1992.
The legislation, however, does not specify a particular index as the appropriate measure of price increases. The increase in the general level of prices has always been a matter for the Secretary of State to decide every year, and to help him make that decision he will look at the various indices of price increases. However, he only has to choose a suitable index—he does not have to choose the index that gives the highest possible increase.
In the past, the Government used the retail prices index as the measure of inflation. However, as the hon. Member for Stretford and Urmston has said, in 2010 the Government decided that the consumer prices index is a more appropriate measure of changes in the cost of living than the RPI for public service pensions, certain state pensions and benefits, and the statutory minimum increases for occupational pensions. Therefore, if the Secretary of State decides to use CPI as the measure of the general increase in prices, as is currently the case and has been since 2010, any scheme whose rules required increases under section 59 would find itself making increases on the same basis. I must emphasise that any payments in addition to that level will depend on scheme rules and the powers available to the trustees.
James Berry
Does the Minister agree that, while there is little the Government can do in a private trust matter that is currently before the High Court, there is much that British Airways could do for its 28,000 pensioners on the APS scheme, including my constituents, by facing up to either the letter or the spirit of its responsibilities?
Mr Vara
I am sure that British Airways is keeping a watchful eye on the Chamber and has noted the presence of not only those who have had the opportunity to speak, but the many others who support them.
Having explained the switch to CPI, I would like to return to the role of trustees in running pension schemes, including setting pension increases. I have explained that any increases above the statutory minimum are a matter for scheme rules and the trustees. In some cases, the increases will be at the discretion of the trustees; in others, the rate will be written into the rules. The House will appreciate, however, that in view of the issues in the ongoing High Court proceedings, I cannot comment on either the ambit or use of powers by the APS trustees.
Trustees of pension schemes are the same as those of any other trust, and much of what they do is governed by trust law. They have to act in line with the trust deed and scheme rules and they have to act impartially, prudently, responsibly and honestly, and in the best interests of beneficiaries. Those obligations apply regardless of whether trustees are nominated by the employer or by members. That means that trustees may have a potential conflict of interest, and the Pensions Regulator issues guidance on how trustees should manage them should they arise.
Trustees are also required, under pensions legislation, to undertake certain actions to ensure that the scheme is funded to meet its liabilities and that it can pay the right amount of benefits to the right people at the right time. Having set those parameters, the Government do not interfere in the running of individual schemes. Regulation of occupational schemes is undertaken by the Pensions Regulator. If it appears that trustees are not carrying out their duties correctly, the regulator may intervene. Alternatively, members may have recourse to the pensions ombudsman or the courts, which is the route being taken at present.
However, another party is involved: the sponsoring employer. The employer is ultimately responsible for putting enough money into the scheme to pay the benefits due under its rules, which is why it is essential for trustees and sponsoring employers to work together when agreeing the level of employer contributions—even more so if the scheme is in deficit and the employer has to pay in extra contributions to make good the shortfall. Inevitably, employers and trustees sometimes cannot resolve disputes, so it falls to the courts to determine the outcome. Sadly, that is the case here.
Kate Green
Will the Minister comment on the appropriate balance between the responsibility to the interests of the company and the trustees’ fiduciary responsibility to scheme members?
Mr Vara
It is a complex legal matter. There certainly are responsibilities, but they extend to trying to build a good working relationship with all concerned, as well as relationships that are in law. Having such a working relationship—it is not defined in law, but is common sense—is critical if we are to reach a proper solution. Sadly, that has not worked out in this instance, so we have this 25-day hearing, which is a significant amount of time. It is a very complex case about which much will clearly have to be said in due course. However, much has already been said.
I have but a few seconds in which to speak, so I simply say to the hon. Lady and colleagues that it is good to see so many Members in the Chamber for an Adjournment debate. Given that we were threatened with up to four votes, it is fortunate that we will all be able to get away this side of midnight. I commend the hon. Lady again for raising this matter. We await the result of the court case in due course.
Question put and agreed to.
Cold Weather Payments Scheme 2015-16
Shailesh Vara Excerpts(9 years ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
My noble Friend The Minister of State, Department for Work and Pensions (Baroness Altmann) has made the following written statement.
I am pleased to announce that the Department for Work and Pensions intends to lay amendments to the cold weather payment scheme regulations by the end of September 2015. The changes detailed in these regulations will come into force on 1 November this year, in time for the beginning of the winter period.
This year the Met Office has recommended the replacement of two primary weather stations.
First, Tibenham airfield is proposed as a replacement for Norwich airport which is likely to have reduced availability. Tibenham airfield is a similarly representative station for the region and therefore a suitable replacement for Norwich airport both geographically and climatologically. As a direct weather station replacement all postcodes currently linked to Norwich airport will be moved to Tibenham.
Secondly, Llysdinam is proposed as a more suitable station for those areas currently covered by Sennybridge. Llysdinam is geographically and climatologically closer to the main populated areas of the region in and around Llandrindod Wells and Builth Wells. As a direct weather station replacement all the current postcode links will be transferred to this new station.
The regulations also make other minor changes to the alternative weather stations. This will ensure that the weather stations to postcode links are as representative as possible.
I will be writing to each Member whose constituency will be affected by the changes in the scheme, to make them aware of the advice from the Met Office.
Cold weather payments are separate from, and in addition to, winter fuel payments.
The amendments resulted from the Department’s annual review of the cold weather payments scheme. The review drew on expert advice from the Met Office and took account of representations from benefit claimants and Members of Parliament.
For winter 2015-16 the cold weather payment rate will continue to be £25 for each seven day period of very cold weather.
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Welfare Reform and Work Bill (Second sitting)
Shailesh Vara Excerpts(9 years ago)
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Kate Green
Q 6 May I ask one last question? It has been suggested that some people who do not return to work—perhaps people who are on long-term sickness or disability benefits and do not become well enough to return to work—will never make repayments of the loan as a result of returning to employment, but will be able to do so when the house is sold. For some of those people, the sale is likely to take place at the point when they become so disabled that they need to make adaptations and perhaps downsize to release equity to do so. How will the market respond and what are the risks of those people being unable to fund a move to more suitable supportive housing?
Paul Smee: I think that any lender would want to talk to the borrower about the circumstances in which they found themselves. There might be ways, using conventional lending instruments of one form or another, to find a way through. Whether the Government at that point decide to exercise their second charge and in effect demand repayment of the loan would be up to them, but I believe the lending industry would want to work with the borrower to come to some sort of acceptable outcome.
The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
Q 7 Welcome, gentlemen. It would be the Government’s intention to have comprehensive advice for claimants who are in the position of having interest that is to be converted into a loan—by way of advice on the accrual of interest and on the impact of the second charge. It could be a third or fourth charge depending on how many debts they have. It is our intention to give comprehensive advice. Is there anything that we should be mindful of when considering the advice to give? What would you emphasise that we should make clear to claimants?
Paul Smee: The first point I would make is that the advice that you will be giving will not be regulated advice within the regulatory framework to which my lenders are subject.
Mr Vara
I appreciate that. This is just to inform them of the consequences of what we are doing.
Paul Smee: Yes, and lenders would be constrained if that was the case so we accept that. In the giving of advice, people should understand where the Government are coming from in being able to claim repayment of the loan and where they stand with their mortgage lender—they should understand that the Government do not take the place of the mortgage lender as a first charge holder. There is some basic understanding around the framework.
There will then be a need to explore whether it is in the financial interests of a particular individual, particularly at the end of a waiting period, to claim support for mortgage interest. It will be important to ensure that the provider of that advice has the ability to walk a borrower through the available options so that they come to the best solution in their circumstances.
Paul Broadhead: It is ensuring that the advice is available in a way that people want to receive it and can understand it. I agree with my colleague that this is not regulated advice and is more about guidance and understanding the impact of taking what was a benefit and is now a loan. I would equate it more to the money advice out there at the moment if somebody is in financial difficulty. There are channels that do that face to face, online and over the telephone. A study of how that market works currently would be helpful in finalising the channels for providing that advice to consumers. One thing I would say is that 167,000 people are in receipt of this as a benefit now. That is a big group of people to get through advice between now and April 2018. Care needs to be taken there.
Hannah Bardell (Livingston) (SNP)
Q 8 Thank you, gentlemen, for joining us. Why should homeowners be forced into extra debt when the renting sector has access to housing benefit? That seems somewhat iniquitous given that many of those people are already struggling financially and are on benefits. Will the measure mean that people on low incomes and in insecure jobs will be disadvantaged or excluded from getting on to the housing ladder as a result of the change?
Paul Smee: On the first point, I think that the rationale is that the individual concerned has an asset, and that that asset is realisable and, at the moment certainly, appreciating in value. I can understand when, at a time when policy choices are being made, the argument is that, given the existence of that asset, it is better to have some claim back of any money that is paid out.
When it comes to getting on the housing ladder, particular checks are already in place to ensure that people do not over-borrow and get into financial problems. That is enforced by the regulators of the financial services system. I do not believe that the change in SMI proposals will in any way add to the protections or inhibitions that the current regulatory system imposes.
Paul Broadhead: I agree with what Paul just said. The only thing I would add is that, in a case where it is not repaid from the sale of an asset—either on death, on the sale of the property or whatever it may be—and someone moves back into work, it is vital that they are not put under undue pressure, having been in financial difficulty and got themselves back on their feet with their mortgage payment, to make contributions that are perhaps not affordable in their circumstances at that time. Because we are in primary legislation mode, the detail of that is not yet clear, but it is an important consideration for later down the line.
Oral Answers to Questions
Shailesh Vara Excerpts(9 years ago)
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Kevin Foster (Torbay) (Con)
3. What assessment he has made of the effect of the closure of Torquay magistrates court on witnesses and other court users.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
No decision has been taken to close Torquay magistrates court. A full assessment of the potential impact will be made once the consultation closes and responses have been properly analysed.
Kevin Foster
I thank the Minister for that answer. In Torbay there are real concerns that the closure of the court could see an end to justice locally, with victims and witnesses having to travel long distances for cases. Is he willing to consider options that would help retain some local justice within Devon’s second largest urban area?
Mr Vara
My hon. Friend and I have spoken about this, and I commend his diligence in campaigning for his constituents. If there are other options, such as using other civic buildings—town halls and the like—I am very keen to consider them, so I hope that he will contribute to the consultation.
Rebecca Pow (Taunton Deane) (Con)
12. What assessment he has made of the effectiveness of the recent reorganisation of HM Courts and Tribunals Service.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
The infrastructure supporting the administration of the courts and tribunals is in desperate need of reform to deliver faster and fairer justice for all citizens. The way the service operates is inefficient, disjointed and based on technology that is simply out of date. The reform programme, which is strongly supported by the senior judiciary, is a once-in-a-generation opportunity to create a modern, user-focused and efficient courts and tribunals service.
Rebecca Pow
Although I am aware of the proposed integration of Taunton tribunal service with the nearby magistrates court just down the road that will enable greater efficiency to the service, could the Minister kindly broaden the picture by confirming how many courts and tribunals were empty for more than half of their hearing time, which highlights other areas where efficiencies might be made?
Mr Vara
My hon. Friend is absolutely right to note the integration of the two sites in her constituency, which are within half a mile of each other. In 2013-14, 170 courts and tribunals—more than a third of the total number—were empty for more than half their available hearing time. The current court estate is clearly inefficient and underused. Our reform programme is an opportunity to create a modern, more user-focused and efficient service that better serves the taxpayer.
Sue Hayman (Workington) (Lab)
Workington court in my constituency is one of the courts up for closure. I want to ask the Secretary of State about the impact that that will have on my constituents getting to courts. He recently said that when looking for courts up for closure:
“What we tried to do was to make sure that the time it will take for any citizen to travel to court remains less than an hour.”
Currently, it takes less than half an hour for 83% of my constituents to get to court.
Sue Hayman
I will be very quick.
If the court is closed, 58% will take up to two hours if they have a car, and 43% will take over two hours by public transport. Does the Minister consider that acceptable, and will he look at it again?
Mr Vara
May I first assure the hon. Lady that this is a consultation and that no decisions have been taken so far? We want to be modern and to move into the 21st century, during which many people will simply not have to travel to courts, whatever the distances. We are moving to using video conferencing facilities, particularly for victims and witnesses. Courts are already doing that with prisoners, so the travel element will diminish.
Philip Davies (Shipley) (Con)
It is now a considerable time since the Government closed down Keighley magistrates court in Bingley in my constituency and moved the operation to Bradford. However, the magistrates court in Bingley is still lying idle, costing the Government money in maintaining it and not doing anything for the local economy in Bingley. Despite my badgering the Minister about this on many occasions, not a great deal seems to have happened. May I urge him to pull his finger out and get on with selling this building and bringing it back into use, which is much needed for the local economy?
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Does the Minister agree that the proposed closure of magistrates courts in rural areas, such as Dolgellau, where it is impossible to reach alternative courts in time by public transport, will in effect shift the cost of justice on to victims and witnesses, who participate in the justice system through no fault of their own?
Mr Vara
I assure the hon. Lady that we have been particularly careful to take account of rural areas, such as those in Wales. I reinforce the point I made earlier that many people will not be required to attend court; that will apply only in some cases. Where people have such difficulties, they can speak to court officials to try to ensure that their cases are listed at a more acceptable time.
Tom Pursglove (Corby) (Con)
13. What assessment his Department has made of the effect on travelling distances and catchment areas when considering closures of magistrates courts.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
Under the current consultation proposals, it will still be the case that over 95% of citizens will be able to reach their required court within an hour by car, a change of just 1% for Crown and magistrates courts and 2% for county courts. The proportion able to reach a tribunal within an hour by car will remain unchanged at 83%.
Tom Pursglove
If Corby magistrates court is closed, some of my constituents in Corby and east Northamptonshire would have to drive for more than an hour to get to the nearest magistrates court, and many of those journeys would be impossible by public transport. I am very grateful to the Minister for agreeing to meet me and local magistrates to talk about this, but what consideration has been given to this particular problem in Corby?
Mr Vara
As my hon. Friend says, we have corresponded about this problem and we have agreed to meet some of his constituents. I reassure him that this is a genuine consultation and that no decisions have been taken. If he has concerns, I very much hope that he and his constituents will make submissions to the consultation, which I assure him will be given very careful consideration. I hope he will contribute to that.
Ann Coffey (Stockport) (Lab)
The consultation document on proposed court closures in Greater Manchester discusses the future use of non-court buildings, which I would support, particularly for pre-recording the cross-examination of evidence from vulnerable child witnesses. Will the Minister give us more detail of his thoughts, because it is important for the protection of vulnerable witnesses that the right courts are closed in the right places?
Mr Vara
I am grateful to the hon. Lady for echoing the support for what we are trying to achieve. We are not setting any limitations at the moment; we are in listening mode. Where there is an under-utilised court, I envisage facilities being used for a couple of days in a town hall, for example. Perhaps the chamber or another available room may be rented. It does not have to be a public or civic building, but such buildings come to mind instantly. Currently, people can go to nearby facilities and give evidence via video conferencing so that they do not have to go to court, which is particularly helpful for vulnerable witnesses and victims.
Andy Slaughter (Hammersmith) (Lab)
The Minister should listen to Members from all parts of the House on this issue. Although he says that this is a consultation, he is already assuming that an hour by car is a reasonable distance. Of course, many people, particularly in rural areas, do not have access to a car. Cases in magistrates courts are taking a week longer than they did four years ago and dozens of magistrates are resigning over the unworkable courts charge. Is not the Government destroying local justice?
Mr Vara
The hon. Gentleman speaks about listening. Perhaps he might take his own advice and do some listening as well. The Government are proposing to undertake a once-in-a-generation reform of the courts system and estate. It would be helpful if he co-operated and supported us in achieving what will be of ultimate benefit to the consumer and the public. They will benefit by getting faster and better justice, and Britain will remain world renowned for legal services.
Gareth Johnson (Dartford) (Con)
14. What assessment he has made of the effect on the provision of justice of proposed court closures.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
The current courts system is unsustainable and we want to create a more modern, user-focused and efficient service that is better for all. Ensuring that the public can access courts when they need them will be uppermost in my mind when considering the future of any court, once the consultation closes.
Gareth Johnson
It is disappointing that my local court in Dartford has been earmarked for closure. Will the Minister please assure the House that when he decides which courts will be closed, he will give weight to the valid argument that local justice is at its best when meted out by local people in a local courthouse?
Mr Vara
My hon. Friend is another Member who is doughty in speaking up for his constituents and I commend him for that. Again, as far as Dartford magistrates court is concerned, I assure him that no final decisions have been taken. Local justice is important and I am open to suggestions of other venues. I reiterate that we have the potential to use video conferencing. Lawyers are already using telephone conferencing. Two sets of lawyers will have a three-way conversation with a judge in chambers, rather than going to court as they did in old times. We must make use of modern technology if we are to keep pace with the 21st century.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
I remain concerned about the proposed closure of Feltham magistrates court, following the closure of Brentford magistrates court. I am concerned that it will break the fundamental link between local people and the justice system, and not just because of the travel issues. Feltham magistrates court has been successful in running school competitions to increase understanding of the justice system. Is the Minister concerned about the collective impact of the proposals, alongside the closure of police stations, on people’s relationship with the justice system and on its effectiveness in our communities?
Mr Vara
The hon. Lady and I have spoken about the proposals in her constituency. I am confident that the connection that police and the local justice system have with the local community will remain strong. The only thing that will happen is that we will move to a 21st-century legal system. I emphasise that the proposal has the total backing of the senior judiciary. They are the people who operate within the courts and they support the proposals.
Paul Flynn (Newport West) (Lab)
15. What steps his Department is taking to ensure the (a) timeliness and (b) accuracy and quality of the content of answers to parliamentary questions by his Department.
Matt Warman (Boston and Skegness) (Con)
T3. Skegness court is one of the most underused in the country and one of the least able to cope with vulnerable prisoners. I am not sentimental about the building, but will the Minister assure me that we can still dispense justice locally in Skegness, perhaps in another facility?
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I can certainly give my hon. Friend that assurance. I very much look forward to hearing of any options he has when he responds to the consultation.
Paul Blomfield (Sheffield Central) (Lab)
T4. The National Audit Office has estimated that between 160,000 and 220,000 careworkers are illegally paid below the national minimum wage, but if they seek redress, those workers, without money, are expected to pay hundreds of pounds in employment tribunal fees. Does the Secretary of State accept that his Department’s tribunal fee policy makes a mockery of the Prime Minister talking tough on poverty pay?
Kate Hollern (Blackburn) (Lab)
T7. When the criminal courts charge was introduced, Labour warned that the lack of judicial discretion would result in miscarriages of justice, with people pleading guilty to avoid additional cost. It concerns me that people may be pleading guilty to save money in the short term. That will have a longer term impact on employment opportunities. Does the Minister think that is right and fair?
Mr Vara
I very much hope that if people are innocent, they will plead innocent. It is important to remember that the charge is levied at the end of all the other charges—costs, compensation, victims’ surcharge and so on. The charge is also based on ability to pay, so if people are having difficulty, they will not be forced to pay. If they do keep to their payments, no matter how minimal they are, then after two years the rest of the sum is actually scrapped.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
T6. Does my hon. Friend agree that on a complex constitutional Bill, such as the British Bill of Rights, it is important that time is taken and there is proper consultation so that all the issues can be considered, unlike in 1997 when the Human Rights Act was introduced?
Neil Coyle (Bermondsey and Old Southwark) (Lab)
T9. Lambeth county court serves my constituency. Will the Minister clarify whether the court met the Department’s definition of underused or surplus, if 50% of its available hearing time went unused? What assessment has the Department made of the impact of its potential closure on my constituents?
Mr Vara
No firm decisions have been made at the moment. The consultation document has individual papers as far as each individual court is concerned. They are quite comprehensive. If the hon. Gentleman has issues and concerns, I am happy for him to write to me and I am happy to correspond with him while the consultation is taking place.
Chris Heaton-Harris (Daventry) (Con)
T8. Last week, the Youth Justice Board announced that the contractor running the Rainsbrook secure training centre in my constituency will change shortly. What discussions has the Minister had to help to ensure that the centre and its staff have a smooth and timely transition to the new contractor?
Mr David Burrowes (Enfield, Southgate) (Con)
A key value of Tottenham magistrates court, which is earmarked for closure, has been the delivery of local, visible justice. Will the Department seriously consider Enfield’s civic centre, or other community buildings, so that young people in particular can see it as a place where first hearing youth courts can take place and deliver effective local justice?
Marie Rimmer (St Helens South and Whiston) (Lab)
There are serious concerns about the proposed closure of St Helens county and magistrates court. It is a well- used, fit-for-purpose building and it was only in 2012 that £1.7 million was spent to accommodate the county court. The consultation document states that 95% of attendees will be able to travel within an hour, but no consideration has been given to outlying areas of our borough. Although there is a direct transit bus and rail, there is no direct—
Mr Speaker
What, that I ever learnt? [Laughter.] Topical questions are supposed to be a little shorter.
Mr Vara
I am pleased that the hon. Lady was able to get her contribution in at the end. As I said, this is a consultation and no firm decisions have been taken. I know she has written me a comprehensive letter, to which I have responded, but that was a while ago, so I am happy to have further correspondence with her, if necessary.
Peter Aldous (Waveney) (Con)
The Minister already knows my views on the unacceptability of the proposed closure of Lowestoft court. Is he aware that if the proposed closures of Lowestoft and Bury St Edmunds go ahead, Suffolk will be the worst English county in terms of magistrates courts per square mile, with one court covering 1,466 square miles, compared with 692 square miles in Norfolk, 355 square miles in Essex and 655 square miles in neighbouring Cambridgeshire?
Mr Vara
It is clear that people in Suffolk are more law-abiding. My hon. Friend and I have of course met and corresponded, and I am happy to continue that engagement. No firm decisions have been taken, and I commend him for the conscientious way in which he speaks up for his constituents.
Nic Dakin (Scunthorpe) (Lab)
If the proposed closure of Scunthorpe magistrates and family court goes ahead, people living in Hibaldstow, Scawby and Redbourne will have to travel more than two and a half hours by public transport each way to access the courts system. Will the Minister take up the challenge from Mandy Talbot, the chair of the local bench, to come to Scunthorpe and look at the practical effects of these proposals on the delivery of local justice before he makes a decision?
Mr Vara
As I have said a few times already this Question Time, it is intended that many people who currently travel to courts will not have to do so. Access to justice does not simply mean an actual physical presence in a court. If, however, the hon. Gentleman and his constituents want a meeting, I am more than happy to meet them.
Mr David Nuttall (Bury North) (Con)
Court users in Bury realise that the best use has to be made of the court estate, but will the Minister confirm that if they come up with an alternative set of proposals to reorganise the court structure in Greater Manchester, they will be given genuine and serious consideration?
Mr Vara
I can certainly give my hon. Friend that assurance. We will be treating all submissions carefully. No decisions have been made yet. We are proposing a radical new direction for the future of our courts system, and if sensible proposals are made, we will certainly consider them.
Hannah Bardell (Livingston) (SNP)
The Secretary of State will no doubt be aware that in their programme for government 2015-16 the Scottish Government said that they would abolish employment tribunal fees using powers to be devolved under the Scotland Bill. Will he now recognise that the introduction of those fees has prevented access to justice and follow the Scottish Government’s lead by abolishing those fees across the UK so that all workers in the UK can afford to have their cases heard?
HM Courts & Tribunal Service
Shailesh Vara Excerpts(9 years ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
My noble Friend the Minister of State for Civil Justice (Lord Faulks QC) made the following written statement on 22 July 2015.
“I am today announcing the Government’s response to the consultation on proposals for increases to court fees, which was published on 16 January 2015, and also launching a new consultation on further proposals.
The courts fulfil a vital role in an effective and functioning democracy. They provide access to justice for those who need it, upholding the principle of the rule of law. That is why we need to make sure that the courts and tribunals are properly funded.
The Secretary of State and the Courts Minister have set out separately plans for reform to the courts and tribunals where we will be investing in reforms that will deliver a modernised, leaner, and more efficient system.
To deliver this vision, we need a strong, secure and effective economy. This Government were elected to continue our work to fix the economy, by reducing public spending, eliminating the deficit and reducing the national debt. The courts and tribunals must continue to play their part in this national effort as much as any other public service.
There is, however, only so much that can be delivered through efficiency measures alone. If we are to secure sustainable funding of the courts and tribunals, we must also look to those who use the system to contribute more where they can afford to do so.
That is why we have to look again at court fees. Despite the fees already introduced, HMCTS still costs £1 billion a year more to run than it receives in income. In considering the changes outlined below, we have been determined to:
deliver faster and fairer justice for all;
protect the weak and vulnerable;
promote equality of all before the law.
Following a consultation launched by the coalition Government in January 2015, today’s Government response confirms that we will:
increase the fees for issuing a possession claim in the county court by £75, from £280 to £355. Our analysis of the available evidence suggests that this increase will not deter anyone who would otherwise have taken their claim to court;
increase the fees for general applications in civil proceedings by £50, from £50 to £100, for an application by consent and by £100, from £155 to £255, for a contested application. In order to ensure the most vulnerable are not affected, we are excluding from this fee rise applications such as those to vary or extend an injunction for protection from harassment or violence.
In December 2013, the coalition Government also consulted on increasing the fee payable to issue divorce proceedings from £410 to £750. Today we are announcing that we will: increase the fees for issuing divorce proceedings to £550. We have carefully considered the concerns raised during the consultation and decided not to increase fees by 80% as originally proposed. Instead we will press ahead with a more affordable increase of about a third. We are also protecting the most vulnerable by ensuring that fee remission is available for those who need it, such as women in low wage households.
These three measures are estimated to deliver over £60 million in additional income each year but the drive to reduce costs is ongoing. We are therefore also announcing today a consultation on further proposals:
an increase in the maximum fee for money claims from £10,000 to at least £20,000. Fees are currently payable on 5% of the value of a claim up to a maximum fee of £10,000. This change will only affect the highest value claims, worth £200,000 or more. There are 1.2 million money claims each year, of which 5,000 will be affected. That is just 0.4% of the total, or one in every 240 money claims. Many of the claims brought for higher values will involve large multi-national organisations or wealthy individuals, and we believe it is right to ask them to contribute more. In order to protect the most vulnerable, personal injury and clinical negligence claims will be excluded from this higher cap and fee remissions for those of limited means will continue to apply;
introducing or increasing fees for certain tribunals. We are proposing to double fees in the immigration and asylum chamber, while applying exemptions to protect the most vulnerable. We will not be applying any fees to the social entitlement chamber of the First-tier Tribunal, where most applicants do not have the means to pay, or to the Mental Health Tribunal, which deals with especially vulnerable individuals. We will, however, introduce fees to the property, tax and general regulatory chambers. In the property tribunal, we are proposing fees at low levels for the majority of applications, while setting higher fees for leasehold enfranchisement cases where there are often large sums of money at stake. In each of the tribunals being consulted on, we aim to recover 25% of the total cost of the service through fees with taxpayers footing the rest of the bill;
a general uplift of 10% to a wide range of fees in civil proceedings. These are small increases and only apply to fees which are not already above full cost.
These further proposals are estimated to generate around £48 million a year in additional income.
We are committed to protecting access to justice for all and so we will: make the remissions scheme more generous. We will increase the amount of disposable capital those who need to pay a larger court fee are allowed to have in order to qualify for remission. We are also considering whether other forms of payment or benefit should be excluded from the disposable capital test. The HMCTS remission scheme will apply across all the courts and tribunals on which we are consulting, with the exception of the immigration and asylum chamber where separate arrangements are in place.
Full details are set out in the consultation paper which is available on the MoJ website. The consultation will close on 15 September.”
We recognise that fee increases are not popular but they are necessary if we are to deliver our promises to fix the economy and bring the nation into surplus. At every stage we have sought to protect the most vulnerable by ensuring they will not have to pay new and higher fees and by making the remissions scheme more generous. We have also sought to ensure that those who can afford to—such as wealthy individuals or large corporations making very high money claims—will make a bigger contribution. Every pound we collect from these fee increases will be spent on providing an efficient and effective system of courts and tribunals.
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HM Courts and Tribunals Service
Shailesh Vara Excerpts(9 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
On 23 June 2015 the Lord Chancellor and Secretary of State for Justice announced his intention to work with the judiciary to reform the courts and tribunals in England and Wales. Reform will bring quicker and fairer access to justice and create a justice system that reflects the way people use services today.
Progress towards a modernised service is already being made. Wi-fi and digital screens have been introduced into many court buildings and a digital case management system for the administration of criminal cases is well under way.
This is encouraging progress, but more needs to be done. There is a broad consensus that the current system is unsustainable and that we have an opportunity to create a modern, more user-focused and efficient service.
Increased use of technology such as video, telephone and online conferencing will help drive these improvements. Straightforward, transactional matters, such as paying a fine and obtaining probate can be dealt with using digital technology to make the processes as straightforward as filing a tax return. Many straightforward cases do not need face to face hearings which should be reserved for the most sensitive or complex cases.
We can only provide better access to justice if we take difficult decisions to reduce the cost of our estate and reinvest the savings. As the Secretary of State told Parliament, this means,
“a significant number of additional courts will have to close.”—[Official Report, 23 June 2015; Vol. 597, c. 755.]
I am today announcing a consultation on the closure of 91 courts and tribunals in England and Wales. I am also announcing the integration of 31 courts and tribunals in England and Wales.
Her Majesty’s Courts and Tribunals Service operates 460 courts and tribunal hearing centres across England and Wales. The estate costs taxpayers around half a billion pounds each year, and at present, it is underused. Last year over a third of all courts and tribunals were empty for more than 50% of their available hearing time.
Today’s consultation puts forward proposals that aim to reduce this surplus capacity. The buildings being consulted on represent 16% of hearing rooms across the estate which are, on average, used for only a third of their available time. That is equivalent to fewer than two out of five days in a week.
The majority of these courts are not used for at least two thirds of their available time, and one in three is not used three quarters of the time.
Attending court is rare for most people. It will still be the case that, after these changes, over 95% of citizens will be able to reach their required court within an hour by car. This represents a change of just 1 percentage point for Crown and magistrates’ courts and 2 percentage points for county courts. The proportion of citizens able to reach a tribunal within an hour by car will remain unchanged at 83%.
To ensure that access to justice is maintained, even in more rural locations, we are committed to providing alternative ways for users to access our services. That can mean using civic and other public buildings, such as town halls, for hearings instead of underused, poorly maintained permanent courts.
We are reforming the courts and tribunal service so that it meets the needs of modern day users.
As we bring in digital technology for better and more efficient access to justice, fewer people will need to physically be in a court.
This means that we will need fewer buildings, and with many already underused and in poor quality, now is a good time to review the estate.
The consultation will begin on Thursday 16 July and run for 12 weeks. A response to consultation will be published following proper consideration of all views submitted.
A copy of the consultation will be placed in the Libraries of both Houses.
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