Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 17th March 2015 Commons Chamber

[Mr Vara]

In that very long contribution from the right hon. Gentleman, it is regrettable that not once did he say that if he were Lord Chancellor, he would reverse the cuts we have made. That sums up where the Opposition are: they are happy to object, they are happy to write articles—[Interruption.] Yes, the right hon. Gentleman points to the public. I point to the public as well, and I say that nowhere did the right hon. Gentleman say that Labour would reverse the cuts we have made. [Interruption.]

[Mr Speaker]

Order. Members must calm down. The right hon. Member for Slough (Fiona Mactaggart) is a distinguished ornament of this House, a celebrated figure, a former Minister. Decorum, I remind her.

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[Mr Vara]

What the right hon. Lady does not seem to accept is that the Minister is listening. He has increased the criteria that are required. Thousands of people have successfully applied for legal aid in domestic violence cases and many more will doubtless be successful.

[Mr Speaker]

The patience of Pudsey is rewarded. I call Mr Stuart Andrew.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 16th December 2014 Commons Chamber

[Mr Vara]

My hon. Friend’s comments are timely given that next year we will commemorate the 800th anniversary of the sealing of Magna Carta. The House will be aware that the Government agreed in the coalition agreement that no major changes would be made to the human rights framework in this Parliament, but as he rightly says, the Conservatives believe that we need major reform to the way in which human rights operate in this country. We believe that we need to curtail the ability of the European Court of Human Rights to tell our courts what to do. We have an excellent record in this area, of which we should be proud, but Conservatives believe that a new British Bill of Rights and responsibilities would remain faithful to those basic principles of human rights while restoring much-needed common sense to their application. This is a debate that we will have over the next few months and I look forward to debating it with the Opposition, when they are prepared to listen, as well as with the Lib Dems and the British public.

[Mr Speaker]

I think that the Minister’s initial essay, quite a lengthy one, has been completed.

[Jeremy Corbyn (Islington North) (Lab)]

It is obvious that Magna Carta in the 13th century was a great step forward and I am glad the Minister recognises that. Will he also recognise that the European convention on human rights and the universal declaration of human rights were massive steps forward, not just for this country but for humankind? Does he not recognise that the narrative of trying to leave the European convention on human rights and the Court diminishes our human rights, the human rights of everyone in this country and the human rights of people across the continent? Will he please rethink this narrative and be slightly more sensible about the universal need for human rights?

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[Mr Vara]

It is important that the hon. Gentleman bears it in mind that since 2007, when regulation began, licences of over 1,200 CMCs have been removed across sectors, and others have left the industry after the commencement of enforcement action. We have introduced tough measures. From later this month the regulator will reinforce its enforcement tools with a new power to impose financial penalties of up to 20% of a CMC’s turnover. Next month, from 28 January, we will extend the legal ombudsman’s jurisdiction to deal with complaints from clients dissatisfied with the service provided to them by authorised CMC’s. The legal ombudsman will provide a new avenue of redress for clients of CMC’s and will assist the claims management regulator in driving up poor standards and practices in the market.

[Mr Speaker]

Perhaps the material can be placed in the Library of the House, where it can be devoured by colleagues at their leisure in the long winter evenings that lie ahead.

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[Mr Vara]

My hon. Friend is as forthright as ever. He is well aware that I wrote to him last week. We are doing all that we can to ensure that the court is sold and that the proceeds are put into the Exchequer.

[Mr Speaker]

I think that the hon. Member for Shipley (Philip Davies) regards “faffing around” to be a technical expression.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 11th November 2014 Commons Chamber

[Mr Vara]

My hon. Friend raises a good point. I shall certainly pass it on to the board of Her Majesty’s Courts and Tribunal Service, and we will consider it.

[Mr Speaker]

Mr Barry Sheerman is not here. I call Mr Nic Dakin.

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[Mr Vara]

I can certainly give my hon. Friend that assurance. Earlier in this Parliament we reformed civil legal aid so that only the most serious compensation cases are in scope—for example, where there has been abuse of a child or a vulnerable adult, a sexual assault or a significant breach of human rights. Civil legal aid applications, including for exceptional funding, are subject to a merits test, as well as a means test. From 2 December last year, treatment matters, including prison conditions, were removed from the scope of criminal legal aid for prison law.

[Mr Speaker]

Unusually, we are ahead of time, but most of the principals are present and therefore we shall proceed.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 9th September 2014 Commons Chamber

[Mr Vara]

I have to say, it really is rich of the Opposition to talk in such terms. Here we have a party that is constantly criticising, yet has said that there will be no more money available in the unlikely event of it being in government. The Opposition really do need to sort out their act: they need to decide whether they are opposing for opposition’s sake, and, if they do want reforms, where the money will come from and how much.

[Mr Speaker]

Mr Graham Allen. Not here.

Criminal Justice and Courts Bill

Debate between Shailesh Vara and John Bercow

Tuesday 17th June 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 13—Periods of time for certain legal challenges.

New clause 53—Application of provisions to environmental claims—

‘(1) Sections 55 to 60 of this Act shall not apply to judicial review proceedings which have as their subject an issue relating wholly or partly to—

(a) the state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

(b) factors, such as substances, energy, noise and radiation, and activities or measures, including administrative measures, environmental agreements, policies, legislation, plans and programmes, affecting or likely to affect the elements of the environment within the scope of sub-paragraph (a) above, and cost-benefit and other economic analyses and assumptions used in environmental decision-making;

(c) the state of human health and safety, conditions of human life, cultural sites and built structures, inasmuch as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in sub-paragraph (b) above.”

This amendment limits the application of the provisions of this Act on judicial review proceedings which relate to the environment, in line with the definition of environmental information in the Aarhus Convention.

Government new schedule 3—Procedure for certain planning challenges.

Government amendment 1.

Amendment 23, page 55, line 12, leave out clause 55.

Amendment 24, in clause 55, page 55, line 16, leave out “must” and insert “may”.

Amendment 25,  page 55, line 18, leave out “not” and insert “decide not to”.

Amendment 26, page 55, line 20, leave out “highly likely” and insert “inevitable”.

Amendment 27, page 55, line 31, leave out “highly likely” and insert “inevitable”.

Amendment 28, page 55, line 32, leave out “must” and insert “may”.

Amendment 29,  page 55, line 35, leave out

“conduct (or alleged conduct) of the defendant”

and insert “procedural defect”.

Amendment 30,  page 56, line 15, leave out

“conduct (or alleged conduct) of the respondent”

and insert “procedural defect”.

Amendment 31, page 56, line 19, leave out “highly likely” and insert “inevitable”.

Amendment 32,  page 56, line 21, leave out “must” and insert “may”.

Amendment 33, page 56, line 28, leave out clause 56.

Amendment 34, page 57, line 25, leave out clause 57.

Amendment 35, page 58, line 2, leave out clause 58.

Amendment 36, in clause 58, page 58, line 11, leave out subsections (4) and (5).

Amendment 51, page 58, line 11, leave out subsections (4), (5) and (6) and insert—

‘(4) On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, the court may order the intervener to pay such costs as the court considers just.

(5) An order under subsection (4) will not be considered just unless exceptional circumstances apply.

(6) For the purposes of subsection (5), exceptional circumstances include where an intervener has in substance acted as if it were the principal applicant, appellant or respondent in the case.’

Amendment 37,  page 58, line 18, leave out “or (5)”.

Amendment 38, page 58, line 34, leave out clause 59.

Amendment 42, in clause 59, page 58, line 41, leave out

“only if leave to apply for judicial review has been granted”

and insert

“at any stage of the proceedings.”

Amendment 39, page 59, line 32, leave out subsections (9) to (11).

Amendment 40, page 60, line 11, leave out clause 60.

Amendment 44, in clause 60, page 60, line 29, leave out “must” and insert “should normally”.

Amendment 41, page 60, line 31, leave out subsections (3) to (5).

[Mr Vara]

May I say at the outset that I propose to speak first to the Government amendments and then to let hon. Members speak to their amendments, to which I will reply at the end of this debate?

Clause 62 creates a permission stage for statutory challenges under section 288 of the Town and Country Planning Act 1990 in relation to English matters. In Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) tabled a number of technical amendments that sought to tidy up and harmonise procedures across the planning regime. I responded that we needed more time to properly consider the amendments.

Following further consideration and discussions with my hon. Friend and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Grantham and Stamford (Nick Boles), who has responsibility for planning, the Government now seek to advance proposals to extend the permission stage to other planning-related statutory challenges; to simplify procedures to enable challenges to costs awards connected to some planning and listed building decisions to be challenged as part of the same application; and to standardise the start time for various planning-related statutory challenges.

Amendment 1, new clause 52 and new schedule 3 omit clause 62 and replace it with a new clause and schedule that set out where leave of the court is required to bring planning-related statutory challenges. The amendments to section 288 of the Town and Country Planning Act that were originally set out in clause 62 affected only challenges to decisions concerning English matters. The amendments in this new schedule are broader, ensuring that the leave requirement applies in all section 288 cases.

The new schedule also requires leave of the court before challenges can be brought to a range of planning-related decisions, orders, actions and documents. It will affect section 287 of the Town and Country Planning Act 1990, which relates to challenges to decisions concerning simplified planning zones, highways and rights of way orders, and relief of statutory undertakers from obligations. It will also affect section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which concerns challenges to listed building consent procedures; section 22 of the Planning (Hazardous Substances) Act 1990, which relates to challenges to hazardous substance consent decisions; and, finally, section 113 of the Planning and Compulsory Purchase Act 2004, which relates to challenges to development plans.

It makes sense to have consistency across these different types of challenges and I am grateful to my hon. Friend the Member for Bromley and Chislehurst for bringing the issue to my attention. I agree with him that requiring leave in some types of cases but not in others could create difficulties for the new planning court, at a time when we are trying to make things simpler and speed up planning cases. The efficiency of the court system is a matter for Government to consider across both England and Wales, and these amendments apply to the whole jurisdiction.

New clause 52 and new schedule 3 also permit challenges to awards of costs relating to planning and listed building decisions to be brought as part of the substantive challenge under section 288 of the Town and Country Planning Act or section 63 of the Planning (Listed Buildings and Conservation Areas) Act.

At the moment, when an award of costs is made, it can be challenged only through an application for judicial review. That is separate to the application for statutory review of the substantive decision. Allowing costs to be challenged as part of the section 288 or section 63 challenge would remove the need for an aggrieved party to make two separate applications to the High Court and pay two separate filing fees.

New clause 13 standardises the date from which various challenges may be brought to the day after the relevant decision has been made. Planning challenges have to be brought within six weeks. Moving the start time to the day after the decision date is consistent with the approach taken in the civil procedure rules for judicial review claims. This is a harmonisation measure designed to assist in the smooth working of the new planning court and to reduce the scope for error by claimants.

I urge the House to accept amendment 1, new clauses 13 and 52, and new schedule 3.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 18th March 2014 Commons Chamber

[Mr Vara]

My hon. Friend will appreciate that that is the legacy of the previous Government and that the backlog is being dealt with—[Interruption.] I appreciate that this is difficult for the Opposition, but the truth often hurts—[Interruption.]

[Mr Speaker]

Order. There is a lot of very raucous noise from those on the Opposition Benches. The Minister is a very courteous fellow and he is trying to address—[Interruption.] Order. He is trying to address the House. Let us hear him.

[Mr Vara]

Thank you, Mr Speaker. I can assure my hon. Friend we are dealing with the backlog, which is going down.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 8th October 2013 Commons Chamber

[Simon Danczuk (Rochdale) (Lab)]

20. Whether he has any further plans to reduce the number of courts in England and Wales.

[Mr Speaker]

Questions are something like buses; none for a while, then two at once.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

Very much so, Mr Speaker. I am happy to say that performance is the best it has ever been, against a background of increasing work load. The Office of the Public Guardian is also currently undertaking a review of its supervision function in order to ensure it can continue to safeguard vulnerable adults and deal with work load.

UK Border Agency

Debate between Shailesh Vara and John Bercow

Tuesday 26th March 2013 Commons Chamber

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

Does my right hon. Friend agree that until the shadow Home Secretary apologises for Labour’s shambolic immigration policy when in government, anything that she or her party says on immigration lacks any credibility whatsoever?

[Mr Speaker]

Order. The hon. Gentleman is always a most courteous Member, but his question suffers from the notable disadvantage that the Home Secretary has absolutely no responsibility for the matter in question. She is responsible for the Government’s policy but does not have any responsibility for the policy of the Opposition.

Oral Answers to Questions

Debate between Shailesh Vara and John Bercow

Tuesday 15th May 2012 Commons Chamber

[Mr Vara]

I am aware of the right hon. Lady’s interest in this matter. The vast majority of occupations for which people may make applications do not require a CRB search. Only a small number require a search, and even in those cases there are three categories of CRB searches. Searches are required for the occupations that are listed in the exceptions order to the 1974 Act, which involve sensitive issues or where people are dealing with children, vulnerable adults and so on. We have that list of people to ensure risk management in employment and the protection and detection of crime.

[Mr Speaker]

I thank the hon. Gentleman; I, too, welcome him to the Dispatch Box. It is a pleasure to hear him. We need now—not on account of the hon. Gentleman’s answers, but more generally—to make somewhat brisker progress.

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[Mr Vara]

rose—

[Mr Speaker]

If the Minister thinks that the question is relevant, he can answer briefly.

[Mr Vara]

Briefly, I am aware that where breaches have occurred through the use of Twitter, the Communications Act 2003 has been used as a basis for taking action. My hon. Friend thus raises a good point, and I am happy to say that law enforcement is taking its course.

[Mr Speaker]

Honour is served. We are grateful.