Court Closures

Albert Owen Excerpts

Thursday 24th March 2016 Commons Chamber

[Helen Hayes]

My hon. Friend makes valid points about both the additional burden on courts that will have to absorb the workload of courts that are closing, and the very important issue of travel times, particularly for many vulnerable constituents. I will come on to talk about those things.

I do not have a court or tribunal in my constituency of Dulwich and West Norwood, but my constituents will be very much affected by the planned closure of Lambeth county court. Almost half the postcode areas covered by Lambeth county court fall within my constituency. I am grateful to the Minister for taking the time to meet me during the consultation process, and subsequently for taking part in a Westminster Hall debate about Lambeth county court, but despite that engagement, my concerns remain. In justifying the closures, the Minister refers a great deal to the modernisation of the justice system and the use of new technology, but there is great concern that the closure plans appear to put the cart before the horse—closing courts and tribunals without a clear plan for replacing the capacity that will be lost with new technology.

The Government should have brought to the House a comprehensive strategy for modernising our courts and tribunals to make them fit for the 21st century. We need a plan that sets out clearly what new technology can deliver for our justice system, the investment that must be made to deliver it and the savings that can be made in physical infrastructure as a consequence of the introduction of technology. But there is no such plan. What the Government have announced is a very significant closure programme with a promise that, after courts and tribunals have closed, pilots will take place and investment will be made to introduce new technology. This is a very risky way to treat our justice system.

Access to justice is a vital principle in the UK’s unwritten constitution. It was argued by Lord Bingham of Cornhill, when he was the senior Lord of Appeal in Ordinary, that access to justice is one of the eight sub-rules that make up the rule of law. He said:

“My fifth sub-rule is that means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve…What it does is to recognise the right of unimpeded access to a court as a basic right, protected by our own domestic law, and in my view comprised within the principle of the rule of law.”

He went on to explain that the common law right of access to justice is composed of three rights, one of which is the right of access to a court. Lord Justice Laws has said:

“Access to the courts is a constitutional right”.

In relation to the planned courts and tribunals closure programme, the Government argued that

“effective access to justice does not…necessarily mean providing physical access to a building or require us to have a purpose-built court or tribunal in every local area.”

My contention is that this statement can only possibly be valid if the Government demonstrate that access is provided in a fail-safe way by other means, and that they simply cannot do that without setting out a clear strategy for how it will be delivered.

The Minister has spoken about various things, some of which are indeed already happening in some locations, that may be possible—video links for witnesses to provide evidence, facilities for filing court papers online, making a plea by mobile phone—but there is no national standard and no plan for delivery. No assessment has been made of which court and tribunal services and facilities should be available to everyone in every area, which of these can reasonably be provided digitally and which should be provided in dedicated facilities. Although I do not think there is much disagreement about the kinds of things that might be done, it is impossible to make an assessment of the extent to which access to justice will be provided at an appropriate level with the help of digital technology until the Government lay out a comprehensive plan.

[Albert Owen (Ynys Môn) (Lab)]

In addition to the plan for which my hon. Friend is calling, we also need a plan to extend mobile coverage to many areas. We just do not have that coverage in some of the rural areas where closures are planned.

[Helen Hayes]

My hon. Friend makes a valuable point. It reinforces my argument that without a plan—a proven and tested plan—the Government simply cannot rely on advances in technology to substitute for the closure of physical facilities.

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[Robert Neill (Bromley and Chislehurst) (Con)]

I congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing this debate. We have already heard powerful speeches on the subject. Let me say at once that I do not rise specifically to raise any constituency points, because the excellent magistrates court in Bromley continues in operation and is busy. I am concerned, however, as Chairman of the Justice Committee; the matter of closures has been raised in our discussions in this and the previous Parliament on a number of occasions. Although we are not dealing with a specific inquiry into the matter, it raises its head when we look at other important issues.

In fairness to the Minister, who I have always found to be a model of courtesy and openness in his dealings with me and the Select Committee, I must say that a balance has to be struck. Court closures have gone on through most of my life, first as a practising lawyer and then as a Member of Parliament. I cut my teeth as a young barrister going to courts in Essex villages, such as Castle Hedingham, Halstead and places of that kind, which sat perhaps once a month. They are now gone. I cannot say that at the end of the day the quality of justice was permanently and wholly undermined by those closures.

[Albert Owen]

rose—

[Robert Neill]

Let me just make my point. We need a sense of balance. I think the hon. Gentleman is about to make that point, and he might well say some things later on with which I shall agree.

[Albert Owen]

I am certain that that will be the case. The hon. Gentleman is right that there was a big review of courts and some court closures in the last Parliament. At that time, only a few years ago, the Government told us that the remaining courts were needed in the community. Nothing has changed. It is just the Government’s attitude that has changed; when it comes to local justice, nothing has changed at all.

[Robert Neill]

I understand the hon. Gentleman’s point, particularly in respect of rural areas. In fairness, though, there were court closure programmes under Labour Governments just as much as there were under Conservative Governments, so it is not an issue over which any one party can claim advantage. The hon. Gentleman made a very fair point about access to justice, but it is not the case that one particular party is more or less committed to it. The issue is how to balance what is largely a centrally funded service with local needs. That is what we need to deal with, and it has been raised as an issue in the Justice Committee.

It is fair to acknowledge that the hon. Member for Dulwich and West Norwood was quite right when she referred to the comments of Lord Bingham of Cornhill. I have often thought that his book, “The Rule of Law”, should be made compulsory reading for Members of both Houses, not least because, although written by a distinguished lawyer, it is remarkably concise. It is worth bearing in mind that the common law doctrine of accessibility, to which the hon. Lady referred, grew up at a time when there were far fewer courts, distances between them were much greater, public transport was virtually non-existent and journeys took much longer. Everything has to be put into context; it is not a matter of absolutes; it is all about getting the balance right, as some hon. Members have said.

I repeat that there were court closures under Labour Governments, and the most recent set of closures occurred during the Parliament of 2010 to 2015. The Justice Committee was interested in the effect, because part of the argument has been the need at a time of pressure on the public finances to get maximum value for money. That is understandable, as is the fact that there has been a decline in the use of courts, particularly magistrates courts, because of the reduction in crime. I am told that use across the magistrates courts estate decreased by something in the order of 43% during that previous Parliament. That is not the whole picture, but it is fair to put it into the balance. I remember some magistrates courts being in poor condition—old, ill equipped and without the facilities to deal with the necessary separation of witnesses, victims and legal advisers, to which the hon. Member for Bridgend (Mrs Moon) referred. So not all closures are bad. There has to be a process of renewal and, sometimes, of consolidation.

--- Later in debate ---

[Albert Owen (Ynys Môn) (Lab)]

I certainly agree with the last remark made by the hon. Member for Hazel Grove (William Wragg), and I hope that the Minister is in listening mode as we pursue this. I start by congratulating my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) on the way in which she opened this important debate and on securing it—I helped her, along with some other colleagues. We were denied the chance to have this debate in February, when the announcement about the courts was made on the last day by way of a written statement, so this is our first opportunity to do this.

I want to join the tributes that have been paid to the Minister who is not only a civil and decent man, but has been attentive to me and to the delegations that I have brought down from north Wales—delegations of solicitors and representatives from the citizens advice bureaux and other agencies. We speak with one voice on this, as it is an important issue that goes across the whole local community. I say those things of the Minister not just because he is a black belt in martial arts, but because he genuinely took the time to sit down with us and to go through the detail. Quite simply, the policy is wrong. The one-size-fits-all court closure programme is both crude and wrong, and it is against the principle of local justice, which is the cornerstone of the British justice system.

As my hon. Friend the Member for Wakefield (Mary Creagh) said, the programme is also against the Government’s policy of localism. The Government talk localism, but they seem to be centralising everything. I am talking about not just the courts in north Wales, but the tax offices, which have been moved from one place to another to be centralised in Cardiff. It is completely wrong to talk devolution but to start delivering centralisation, and we need to hold the Government to account on that.

I want to concentrate on the decision to close Holyhead and Llangefni courts and to move the business to Caernarfon, which is a great distance way. That decision was made simply to save costs. As I said when I intervened on the Chair of the Justice Committee, in the last Parliament there was a comprehensive review in which I made exactly the same representations that I have made this time. Those representations were upheld then because they were seen by the Department to be right, and nothing has changed. We were in a recession at the time and there needed to be cost savings, but the areas were deemed to be valuable to serving local justice. I make that point again, because this is all about cost savings, and those who are losing out are the local people and the poorest in society.

True to his word, the Minister wrote to me—I am sure that he did the same to many Members—and asked that senior officials from Her Majesty’s Court and Tribunals Service meet me to discuss technical arrangements for local alternative provision. I can tell the Minister that that meeting will take place just after Easter, and I will put a constructive argument to them, but it will be the same argument that I put in the last Parliament and the same argument that I have put this time, because it has broad support and it is right for my area, which is a peripheral area of Wales that has seen lots of closures in principal Government services. We need, and deserve, to have functional courts in those areas, and I will argue for that.

Holyhead is the biggest town in my constituency. It is on the periphery of the area and it is a major ports town. It has one of the busiest ports in the United Kingdom. In the response to the court closure programme, it was confirmed that it was too difficult for court users in the area to make long journeys to a court. An alternative part-time court is being considered on Anglesey, but that is not good enough. Justice should be carried out not on an ad hoc part-time basis, but on a professional full-time basis.

The response goes on to say:

“Where attendance at a hearing is needed other civic or public buildings could be used for hearings”.

Again, there will be costs to adapt such buildings. I understand that the current buildings have been run down, but the maintenance that has been carried out on them over the years will be wasted if they are just left.

The Chair of the Justice Select Committee mentioned utilisation rates. The rate for the buildings in Holyhead and Llangefni is between 20% and 31%, which is a very low figure, but I am aware that cases have already been moved from those courts to the main court in Caernarfon. There has been this movement by stealth of business away from certain courts with a view to closing them down in the future. As I have said, that has happened to other services in my area over the past three to four years, although I do accept that there have been closures over many, many years. Again, we had a recent review, which the Select Committee considered, but here we are again. What is next? If we have part-time courts, it will only be a matter of time before they are closed.

Let me turn now to digital connections and virtual courts. I am not a Luddite; I understand the need to modernise, but if things can be done in a proper manner, then they should be. It is simply silly to suggest that these virtual courts will replace other courts right across the country when the digital infrastructure is not in place. We need a coherent plan. I have been working with the Department for Culture, Media and Sport to improve mobile communications. I do understand that many people have nimby tendencies and do not want masts in their area, but we can work on that. There are many Government buildings in those areas in which mobile communications could be sited, so we need to work together to adopt a coherent plan for the future. I will meet officials to make the case for the retention of court provision in my area.

I talked about closing by stealth and about our having a major port. Clearly, there are issues to do with border control. The detention cells have moved from Holyhead port to Caernarfon, which is a great distance to travel and means that police time is being wasted. Private provision is often used, which is very, very costly, so it makes sense to keep the courts. Those courts were put there in the first place because they were strategically important, and that remains the case today.

I hope that the Minister is listening, and that he will give the go-ahead and the flexibility to those officials whom I am meeting. If no alternative provision is practical—for technical or other reasons—those courts should be retained, which means that we will still have local justice in the periphery areas of north-west Wales. The people of my area deserve that. The court system is the cornerstone of British justice, and we need to retain it. The people of north Wales speak with one voice on this matter.