(7 months ago)
Commons ChamberYes, that is right; the regulator has to take into account the views of fans and look at the proposals. If it considers the proposals to be good, that change can take place.
Under the new regulator, fans will no longer face the prospect of seeing their club signing up to ill-thought-out proposals, such as the European super league, which several Premier League clubs tried to join in 2021. The House was united in recognising that those proposals for the new competition were fundamentally uncompetitive and would have undermined the football pyramid, against the wishes of fans. This regulator will prevent that kind of closed-shop league from ever getting off the ground.
I respect what the Secretary of State is trying to do, but there is a huge inequality of arms between billionaire owners of clubs and fans’ organisations. I have been the MP for Queens Park Rangers for nearly 20 years, but my small borough also contains Chelsea and Fulham, and in my political lifetime all three of those clubs have faced either being folded up by greedy owners or losing their ground in perpetuity. I do not see what in the Bill is going to prevent that from happening in the future.
All the measures in the Bill, cumulatively, will ensure that clubs are well managed and run; therefore, they will be there and will not go into financial insolvency and administration, which decimates communities. All the measures we have set out, be it the owners and directors test, or the measures to ensure that clubs have a financial plan, will ensure that clubs are properly run. We are introducing the Bill to ensure that the situation whereby we have had 64 administrations since the Premier League was founded in 1992 is not continued. We are not saying that clubs are never going to get into financial difficulty, but we are saying that we are going to put a strong framework in place to ensure that all constituents can be confident that their clubs will have a certain level to which their business is run—that they will be run well.
(1 year ago)
Commons ChamberI was pleased to visit my hon. Friend’s constituency and to take part in a session on his local radio station. As he knows, the BBC is operationally and editorially independent but, of course, local news is important. We have measures in this Bill to protect local news.
Because listeners increasingly listen to radio using smart speakers, the Bill will require that major smart speakers ensure that the UK radio stations that listeners love remain available on request. The Bill will also remove a number of outdated and burdensome regulations that are holding back the commercial radio sector, while strengthening protections for local news and information.
Finally, one of my central priorities as Secretary of State is to protect media freedom so that our world-leading media can continue to thrive. The Bill has media freedom at its core. One of its most significant measures is the removal of a long-standing threat to that freedom by repealing section 40 of the Crime and Courts Act 2013. Section 40 and the possibility of publishers having to pay the legal costs of the people who sue them, even if they win, has hung over our media like a sword of Damocles. The Bill removes the sword for good.
The Labour party, of course, is no friend of the free press. The shadow Secretary of State has, in the past, called for boycotts of some of this country’s most well-respected papers. The Labour party has accused the Government of muddying the waters of this crucial legislation by including the repeal of section 40, but for us the water is clear. The position is clear: we will protect our free press.
At Justice questions earlier today, the Government were again lauding anti-SLAPP legislation that protects small publishers and investigative journalists from oppressive conduct by wealthy individuals and organisations. That is exactly what section 40 does, and the Minister has completely mischaracterised it. Is it not inconsistency, amounting to hypocrisy, to repeal that provision?
The hon. Gentleman is very knowledgeable on this point, and I am always grateful for his interventions. I am proud that, together with the Minister of State, my right hon. Friend the Member for Maldon (Sir John Whittingdale), I have brought forward provisions to strengthen the anti-SLAPP regime via a taskforce. The Ministry of Justice has proposed further legislation and the hon. Member for Hammersmith (Andy Slaughter), who is extremely knowledgeable, will know that currently it applies only to economic crime. Section 40 applies across the board, and SLAPPs are strategic lawsuits of a particular client, so repealing section 40 is necessary. I am proud to be bringing forward that repeal in this Bill.
I am sure that today we will hear significant contributions on this important Bill, and I look forward to the debate. We should be under no illusions about the urgent need to press ahead with reforms. Success today is never a guarantee of success tomorrow, and it is our job, as a Government and as a House, to enact reforms that keep our broadcasters at the top of their game in the years ahead. That is what the Bill will do: levelling the playing field, removing threats to the media’s sustainability, and opening up opportunities for them to maximise their potential and unlock growth. I commend this Bill to the House.
(5 years, 1 month ago)
Commons ChamberI agree very much with my experienced right hon. Friend, from whom I learned so much as his Parliamentary Private Secretary. He is absolutely right about accommodation. We are looking at the pilots. We are also trying to expand the approved premises estate by an extra 200 beds. Accommodation is a critical matter, and we are looking hard into it.
(5 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I am very glad to give the confirmation that the Prison Service system is a different IT system and no defendant has been released as a result.
My constituents have contributed £43 million to the stalled digitisation process, thanks to the closure and sale of Hammersmith magistrates and county courts. Their reward is to travel for an hour or more to courts at Clerkenwell or Hendon. The Minister says the courts system is running well; it is not: it is in freefall. Will she at least postpone any further closures until she can guarantee a working service?
I know the hon. Gentleman does a great deal of work in this area; he is very involved in the local law centre and has a great deal of knowledge. He will therefore be aware that we have recently consulted on what our guidelines should be in relation to any future closures. We will be guided by the response to that consultation, which is due out shortly.
(5 years, 11 months ago)
Commons ChamberWhen we debated legal aid last month, the Minister was expecting to publish the LASPO review before Christmas. It is already eight months late, so will she tell us the date on which it will now be published? Why are we not getting it until next year? What is the reason for the delay?
I am happy to take the hon. Gentleman’s question. I remind him what he said to the Law Society several months ago—that it is important to take time to review this important subject. It is important and, as I have said, we have met over 100 organisations and individuals. We finished our final engagement with organisations at the end of last month and we will publish the review early in the new year.
(5 years, 11 months ago)
Public Bill CommitteesThat is a very important point. We serve the people through justice and the court system. The people who come to the courts to get justice are the people my Department is serving. In all our reform programme, we have a user-centred focus and consistently engage with users to improve our services. All the forms we have recently produced were produced with insight from users, which is why we have an extremely high satisfaction rate for the reforms we are making.
The hon. Member for Birmingham, Yardley makes an important and valid point, and I can tell her how users will benefit from this. She will have been in the House when questions were put to me about delays in the court system and about the time it is taking for certain hearings to come before the courts. We want to ensure that there are as few delays as possible and that justice is not only fair but speedily dispensed. These changes will allow functions to be operated by the appropriate people, and will enable us to get more swift, easy and quick justice for those who use our courts.
I am sure the Minister is sincere in her intention. My experience is that there is increasing delay. Part of that is caused by inexperience, perhaps because of the use of lay magistrates as opposed to district judges, who do not take command of the issue and do not timetable matters correctly. I am concerned about any decline in the level of experience. This is perhaps a question not of legal qualification but of experience in being able to manage and seize control of cases. I would rather see the greater control and scrutiny that the amendments would introduce.
I am sorry if the hon. Gentleman has not experienced the appropriate level of judicial engagement or appropriate judgments in courts. I recently went to the family court in London, and I have been to courts across the country, and I have spoken to magistrates who operate in the family courts. The expertise and dedication I see is commendable. We can stand still, do nothing and just let our courts operate in the way they are operating, or we can sit back and reflect on how we can improve our court system. We are trying to do the latter through the Bill. We are trying to improve people’s experience of the courts, recognising that funds and resources are not unlimited and that we need to use them as well as we can. On listing, my Department is looking at a listing programme to ensure that lists operate as effectively as possible.
It is simply not necessary for all authorised staff exercising judicial functions to possess legal qualifications. The qualifications and experience staff need will depend on the nature of the work they carry out. Legal qualifications of the level that would be required by amendment 5 not only are far too high for the routine and straightforward case preparation tasks that we anticipate many authorised staff may carry out, but may not be the most relevant qualifications for staff in different jurisdictions. For example, it is more helpful for a registrar in the tax tribunal to be a tax professional by background than to be a legal professional. Where powers currently exist, rule committees already determine the qualifications staff need to exercise particular functions, and that works well. Such committees can focus qualification and experience requirements on what is most relevant to the work that those staff carry out.
Amendments 3, 4 and 5 would all set the bar for qualification prohibitively high and rule out a large proportion of Her Majesty’s Courts and Tribunals Service staff from giving legal advice or exercising judicial functions, even though they may have been doing either or both for a number of years.
(6 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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The point that it is useful to nip problems in the bud and address them at the outset, so that they do not escalate, has been made and heard. Changes were made to LASPO to ensure that legal aid was available where people were at their most vulnerable. On clinical negligence, we should make clear that legal aid is available for compensation claims in respect of neurological trauma caused to children early in life due to negligence by medical professionals. As the hon. Member for Hammersmith recognised, by putting such things in the scope of legal aid, we are protecting the most vulnerable.
The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) mentioned social security claims. We are introducing significant technological changes—things such as digitisation and better communication with judges using technology—to make the tribunal system much more accessible.
Many Members, including the hon. Member for Erith and Thamesmead (Teresa Pearce), mentioned family law. LASPO rightly removed most private family matters from the scope of legal aid, but legal aid remains available for mediation in certain family disputes where parties meet the eligibility criteria. Since November 2014, legal aid has covered the costs of the mediation information and assessment meeting and the first mediation session for both parties, even if just one is eligible for legal aid.
The hon. Member for Hammersmith mentioned exceptional case funding. Let me update the figures he gave. The number of people making applications and the number of applications granted have both increased. Some 746 applications for ECF were received in the first quarter of 2018, of which 59%—390—were granted. That is the highest proportion and number of grants since the scheme began.
The hon. Gentleman and the hon. Member for Ashfield (Gloria De Piero) both mentioned domestic violence. Legal aid is available to those seeking protection from an abuser in domestic abuse cases, and it was granted in more than 13,000 cases last year.
The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) raised important points about Wales. She has asked parliamentary questions on a number of matters, and I am happy to meet her to discuss the issues she has raised.
I was interested to hear the points by the hon. Member for Enfield, Southgate (Bambos Charalambous) about children. I was pleased to meet him earlier this week to discuss some of those issues.
It is important to set out where legal aid is available, but we recognise the impact of the changes made by the coalition Government in 2012, which many Members rightly highlighted. As all hon. Members know, my Department is looking at the impacts of LASPO. The hon. Member for Hammersmith said he is looking for positive news, but as a former shadow Justice Minister, he knows as well as I do that it would be wrong to pre-empt the outcome of the review. We will respond at the end of the year.
I am happy to set out the process, which I outlined at the APPG on legal aid earlier this week. The evidence-gathering process has been comprehensive. My officials met more than 80 individuals and organisations from across the justice system to gather evidence, and they held two rounds of consultative group meetings with organisations, representatives and academics from across the justice system. At a third round of meetings, we will examine opportunities to consider further legal support. Officials will meet the Family Justice Council to discuss its concerns and recommendations in further detail, and are due to have a second meeting with the Civil Justice Council to explore its recommendations further.
I have held a number of instructive roundtables with those who have used our justice system, both with and without legal aid. I have met a number of Members of the House of Lords—last week I sat down with Lord Bach and other members of his commission on access to justice, and I have met Lord Low. Last week, I met the Equality and Human Rights Commission. I have also met many parliamentarians, and individuals from the advice and third sector who work with the most vulnerable in our society.
Alongside those meetings, much material has been submitted throughout the review, and we are considering that. It is clear that there are many issues to consider, from the stage at which advice is sought to types of provider and methods of provision. Many experts highlighted the value that technology can bring to individuals to navigate their rights in the court process.
We now use technology in every part of our lives, and justice should not be immune from that advancement. That is why, through the courts reform programme, the Government are investing £1 billion in updating our justice system for the 21st century. That programme is helping people to access court better, at the same time as changing outdated back-office systems. People can now apply for divorce online, we are trialling online applications for probate, and people can be updated about their social security claim through their mobile phone. Our reforms help vulnerable witnesses to give pre-recorded evidence so they do not need to see their attacker in court, and they enable those who find it difficult to travel due to disability or age to take part in proceedings by video link. That investment will transform how people experience the justice system with digital services, making justice more accessible and straightforward as well as using taxpayers’ money wisely.
I sense that the Minister is drawing her remarks to a close, but I wonder whether she will address a few more of my points. First, online and telephone services are valuable, but some people need face-to-face services. Will she look at that? Secondly, I know there is a separate review going on in relation to the representation of deceased people’s relatives at inquests. Does she know what stage that has reached? Will it report, or will it form part of the same review?
Finally, will the Minister look at the independence of the Legal Aid Agency? There are serious concerns that, in specific cases or more generally, there has been interference in the agency’s decisions because it is not sufficiently at arm’s length from the Government. We may need to deal with that as a discrete issue, but anything she can say to reassure us on that would be helpful.
I am happy to answer those points. We did not need to commit to looking at inquests, because LASPO made no changes to the inquests system, but the Government recognise that it is an important part of access to justice and we are looking at it. However, that is not the same review; it is running alongside the legal aid review.
Will the hon. Gentleman remind me of his first point? On his third point, the Legal Aid Agency is independent.
On inquests, I simply wanted to know, if the review is separate, when it is likely to report. My first point was about face-to-face advice.
Ah, yes. Of course it is important to consider all methods of provision. We have the telephone gateway, and many advice centres are looking at digital methods of offering advice. We do of course fund face-to-face advice at the moment in the provision of legal aid, and it forms an important part of giving advice.
As I mentioned, we are in the process of carrying out a legal aid review. All today’s contributions, along with the previous debate in this Chamber secured by the hon. Member for Westminster North, yesterday’s meeting with the APPG and the contributions and submissions in the other meetings we have held, are an important part of that process. I thank all hon. Members who spoke for their contributions, which we will take on board.
(6 years, 6 months ago)
Commons ChamberThe hon. Gentleman will have to ask the barristers why they are taking action, because the new scheme is more favourable.
The consultation was broadly welcomed by the organisations I mentioned earlier. I would like to provide just one quote among many. When the consultation was put forward in 2017, the then chair of the Bar Council said:
“The suggested scheme is a fairer way of rewarding advocates for their work”,
and that it is a
“a positive example of the Ministry of Justice participating in constructive dialogue with the profession”.
As with any consultation, suggestions were made to improve the scheme. It was said, for example, that it was not right that the initial scheme proposed was to be cost-neutral as against 2014-15. Concerns were also raised that it may have an adverse impact on junior advocates. The Ministry of Justice listened to those concerns and increased the amount in the scheme in line with the costs at the time, which increased the funding by £9 million. This allowed it to improve the scheme for junior advocates. The MOJ also assesses that the scheme will cost significantly more—approximately £9 million more—than anticipated.
The new scheme in this statutory instrument is better than the one it replaces. With this motion, which calls for the new scheme to be revoked, the hon. Member for Leeds East is disadvantaging those he professes to support. He says that it is a threat to our justice system, but the motion is playing politics. It puts party politics above supporting the right outcome. With the motion, the Labour party and those who intend to join them today are using the Bar and justice as a political tool for their own ends.
Minister, that is a silly thing to say, because the motion reflects the disquiet that has been expressed by the Bar. The hon. and learned Lady does not have the curiosity to ask barristers why they are unhappy; perhaps one reason is that the scheme was an alternative to a further 8.5% cut, which would have caused mayhem in the criminal courts. It is just robbing Peter to pay Paul. Why does she not go back and ask the Bar who the losers are now, what the problems are and how they could be reformed, and why does she not take this away and look at it again?
I am sorry if I misrepresented the position earlier. I have spoken regularly to a number of organisations that represent the leadership of the Bar. Over the last week, my Department has gone to chambers up and down this country. We have talked to them to understand their concerns about the scheme and to try to understand what position they prefer. We are extremely engaged in talking. The point I am making is that the new scheme is a better one. It was supported by the circuit leaders, the Criminal Bar Association, the Bar Council and the Young Barristers’ Committee, and about 15 press releases all support that position.
(8 years, 10 months ago)
Commons ChamberMy hon. Friend makes an extremely good point, and one that I will come on to.
If the Lord Chancellor is a prison reformer, as he is now billed, we are prepared to work with him. He could start with the Prison Reform Trust report, “Correction or care? the use of custody for children in trouble”, published last year, which looked at successful models around the world. Successful prisons are becoming smaller, more focused and more rooted locally, which is why he is right to abandon his predecessor’s plans for a new borstal. Although he is also to be commended for wishing to close unsuitable prisons, if, as a consequence, prisons are built a long way from friends and family or we move from local to titan prisons, that will have its own drawbacks.
We need prison watchdogs with real teeth and independence. The outgoing inspector, Nick Hardwick, has done a great job in spite of, not because of the Government. This brings me to the point made by my hon. Friend the Member for Ealing Central and Acton (Dr Huq). The reports last week that the MOJ had tried to control or muzzle him were outrageous. I welcome the Lord Chancellor’s announcement yesterday that he will retain Mr Hardwick’s expertise as head of the Parole Board, but let us use this opportunity to shake things up. We need a stronger, more independent inspectorate that is able to produce reports with total independence from the MOJ and to conduct more frequent and unannounced inspections.
The hon. Gentleman paints a bleak picture. Of course we must always do more, but does he accept that, according to a recent report by the chief inspector, outcomes for women have improved and the number of children in custody has fallen?
I accept entirely what the hon. Lady says. I am painting a realistic picture, as the necessary starting point for the improvements that Members on both sides of the House wish to see. There have been improvements. The decline in the number of people in youth custody, from more than 3,000 to less than 1,000, is extremely impressive. It has happened under successive Governments. We are concerned, however, about the condition and treatment of the young people still in custody and the type of facility they are in. The incidents at Medway and elsewhere are examples of how things are failing in that sector as much as elsewhere.
My hon. Friend the Member for Darlington (Jenny Chapman) wrote in response to a prison report:
“Too often we see the response to a poor inspection report centre on the appointment of a new governor or the assertion that things have improved dramatically since the poor inspection took place.”
It is time we put much greater effort into preventing people from getting involved in crime in the first place. We need a renewed focus on education and stepping in to divert young people from a life of crime. We must do better for trans people in our prison system. The “Dying for Justice” report, by the Institute of Race Relations, and the Harris review both revealed that black, Asian and minority ethnic people were over-represented at every stage of the criminal justice process. Yesterday, I spoke at a meeting here on the discriminatory effects of joint enterprise charging decisions on BAME individuals and groups, and asked the Lord Chancellor to examine that area of law, which his predecessor failed to do.
In the light of the number of Members wishing to speak, I shall terminate my remarks. I welcome the change in tone on prisons since the Lord Chancellor’s appointment, but so far that is about all it is. It is possible to be tough on crime, to put the protection of the public first and to make sure prisons play their role in punishment as well as in rehabilitation, but it is also true, to quote Dostoevsky, who knew a thing or two about crime and punishment, that,
“the degree of civilisation of a society can be judged by entering its prisons.”
It is in the self-interest of every citizen that prisoners, having served their time, become productive members of society and do not continue to pose a risk through reoffending. The Lord Chancellor may not be “a muesli muncher”, as he put it yesterday, but he is the Minister for porridge—and it is about time he served up something substantial.