Courts and Tribunals (Online Procedure) Bill [Lords]

Debate between Bambos Charalambous and Paul Maynard

2nd reading: House of Commons & Money resolution: House of Commons
Tuesday 16th July 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

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

It is a pleasure to have the opportunity to move the Second Reading motion for this Bill. The Bill has already been considered in detail in the other place, and it follows the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018—also known as CATJAFS; we now have CATOP, the Courts and Tribunals (Online Procedure) Bill. This enabling measure is another important step in the transformation of our justice system.

Our judiciary, together with our courts and tribunals, is rightly regarded as among the finest in the world. To maintain and build on that reputation, it is critical that we position ourselves at the forefront of using new technology to improve the ease with which people can access justice. However, it is also clear that the modernisation of our court system must have ordinary court users at its heart. People need our new digital services to be accessible, understandable and easy to use, and that is what the Bill seeks to facilitate.

Of course, the Bill is only a part of our overall ambition. In total we are investing more than £1 billion in transforming Her Majesty’s Courts and Tribunals Service, making the justice system simpler to access, more convenient to use and more efficient to run. Our court reform programme will make the most of new opportunities that innovations in technology offer to revolutionise how we deliver justice.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

While I welcome the new digital procedure in the courts, I am deeply concerned that it may result in some people having difficulty accessing the courts online. Can the Minister confirm that HMCTS will not close any more courts until a proper impact assessment has been carried out?

[Paul Maynard]

I thank the hon. Gentleman for that point, which is rather separate from the Bill; this is an enabling measure to ensure that a procedure committee can be formed. However, I hear his point. We have no current plans to close further courthouses. We monitor their usage carefully. He will recall our previous debate about the “Fit for the future” consultation, setting out the considerations that will be brought to bear when looking at the use of our future estate, and I hope my answer to that debate will inform him.

The Bill will create an online procedure rule committee, which will be responsible for making online procedure rules for specified proceedings across the civil, family and tribunals jurisdictions. The committee will operate with the same powers as existing rule committees. We want to ensure that our online services and systems and the rules that underpin them are easily accessible and navigable routes for people to bring cases to court. To ensure that we build on and complement the digital working already in place, we intend to take a gradual approach to the implementation of these new online rules.

--- Later in debate ---

[Paul Maynard]

We are cheerfully straying far and wide in this Second Reading debate, but I am more than happy to confirm that any innovation in online procedures does not in any way invalidate the concerns that many have about the state of our court estate. My hon. Friend will know that we are spending an extra £50 million this year on renovating courts. There is much more to do, and I am keen to see all buckets removed as soon as possible from the court system. I cannot promise that the online procedure rule committee is the remedy for that, but I assure her that I am working on it.

The new rule committee will be judicially chaired and comprised of three members of the judiciary, a member of the legal profession and two additional members, one of whom has experience of the lay advice sector and the other from IT design. While the new committee will be smaller than existing rule committees, the Bill provides the Minister with the power to amend the committee’s membership so that it has the flexibility to respond to changes in subject matter and technology.

[Bambos Charalambous]

On the membership of the committee, has the Minister given thought to including a disabled user and people from the legal profession—a solicitor, barrister or legal executive—to give input into the way that the changes in court procedures are carried out?

[Paul Maynard]

It is one of the theoretical principles of governance that the moment we set up a committee, everyone thinks of extra people who should be on it. I hear the hon. Gentleman’s point. There is nothing in the Bill that prevents the composition of the membership from changing over time, as the online procedures that the committee is considering change. In addition, it can set up sub-committees to look at separate specific areas. The Bill is an enabling measure. As what we do changes, I am sure that the composition of the membership will also change, to include differing skillsets, but I hear what he says and thank him for his intervention.

The committee’s combined expertise will ensure that our rules framework supports online services, while offering a straightforward, accessible and proportionate experience to those who are accessing justice. These powers mirror and do not exceed those provided in respect of the civil, family and tribunal procedure rules.

On Third Reading of the Bill in the other place, peers expressed their support for and enthusiasm about the Bill and for the Government amendments made throughout its passage. We have listened to and taken on board many of the points raised during the Bill’s passage through the Lords and have amended the Bill accordingly. In particular, the Bill now reflects the Government’s renewed commitment on two subjects.

First, people who may need support to participate online will be offered it. The Bill now makes explicit the duty to provide appropriate and proportionate digital support. The Bill also makes it clear that, before rules are made, the Lord Chancellor and the committee will have regard to the needs of those who will require digital assistance. This makes clear the Government’s commitment to an accessible justice system that supports the needs of all our users.

Divorce, Dissolution and Separation Bill (Second sitting)

Debate between Bambos Charalambous and Paul Maynard

Committee Debate: 2nd sitting: House of Commons
Tuesday 2nd July 2019 Public Bill Committees

[Paul Maynard]

The only point I will make to colleagues is that, just as we had judicial separation in clause 2, clause 3—and indeed, clause 4 for that matter—refers to civil partnerships and the Civil Partnership Act 2004. It once again takes all the elements I referred to in clause 1 and translates them on to the Civil Partnership Act 2004 so that that is also up to date from where we are currently.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6

Minor and consequential amendments

Question proposed, That the clause stand part of the Bill.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

We support the Bill very much. We had some concerns about the powers that the Lord Chancellor would have in relation to clause 6, but given that they are so limited in scope, we do not propose to object to them. However, we do not wish it go unnoticed that we have concerns about Ministers having—I will not call them Henry VIII powers in relation to divorce proceedings—draconian powers in pushing forward legislation that would remain as primary legislation. I will leave it at that. We do not oppose this clause, but I wish to put on record that we have wider concerns about Ministers’ powers.

Oral Answers to Questions

Debate between Bambos Charalambous and Paul Maynard

Wednesday 12th June 2019 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

8. What steps she is taking with Cabinet colleagues to provide a co-ordinated approach to supporting women at risk of entering custody.

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

Last summer, our female offender strategy set out priorities for supporting women at risk of entering the criminal justice system. As part of that strategy, we will be publishing a national concordat shortly, setting out how public services should co-operate to protect these vulnerable women.

[Bambos Charalambous]

The number of prison officers leaving within a year of starting their role has risen dramatically since 2010, so what are the Government doing to ensure that prisons have experienced staff to assist female prisoners, who often have complex needs, and what steps are the Government taking to support women’s centres, which play a huge role in preventing vulnerable women from entering the criminal justice system?

[Paul Maynard]

That is two questions for the price of one, which I will seek to answer. As the hon. Gentleman will know, we are recruiting significant numbers of prison officers—over 2,000 more—but also significantly increasing our spending on women’s centres to make sure that every police and crime commissioner area has a centre.

Oral Answers to Questions

Debate between Bambos Charalambous and Paul Maynard

Tuesday 4th June 2019 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

T2. Since 2011, there has been a huge rise in the number of parents facing child custody cases without legal representation. Will the Minister explain why his Government’s review of damaging Conservative cuts to legal aid did not address that matter?

[Paul Maynard]

I think it is because that is unfair. We are looking carefully at how we manage demand in the family justice system. We are ensuring that legal support is offered within the family courts, and that can take many forms, not just legal aid. For example, the personal support unit now operates in 23 courts across 18 cities, so we are looking to make sure that the right support is given to those in the family courts at the right point in the legal process.