Queen’s Speech

Baroness Seccombe Excerpts

Tuesday 15th May 2012 Lords Chamber

[Baroness Seccombe]

My Lords, I rise to speak on a subject that I, for one, am glad is not included in the gracious Speech. For 650 years, magistrates have been part of the fabric of this great country and summary justice has been administered by a service of well trained volunteers giving up many hours on a weekly or fortnightly basis. It is a valued contribution to the smooth running of the country and a service which has evolved and improved over the passing years. It is therefore to be treasured and must never, at the whim of any Government, be tinkered with but modified only after much reflection.

Magistrates have been with us since 1361—a long time by any standards. Throughout this time, the system has maintained the same level of service and commitment to society while, even in the 30 years I was privileged enough to be involved with it, making changes as needed around the edges, such as occurred in one of my own personal, very trivial examples. When I was first appointed, women magistrates always wore hats in court. I found this difficult as the only hats I had were the ones worn for dressy occasions. When we plucked up the courage to ask the chairman why we wore hats, he replied that he had no idea as it added nothing to our work in the court, so from that moment on in our court hats remained at home.

The advent of the 21st century and the need for financial constraint has concentrated minds on the future of the administration of justice. I am delighted that my noble friend Lord Dholakia was a leading member of the Magistrates’ Association, which has produced an in-depth study inquiring into the role of magistrates and the future delivery of summary justice. This report is well researched and to be welcomed, and will now be genuinely considered.

Of course, the magistracy must be valued for the contribution that it makes, and it is paramount that society has confidence in its administration. I think that those tests are currently passed with flying colours. However, I have one aching concern. It has always seemed to me that summary justice is served best by local people who know the area—people who live there and are respected citizens. Nowhere was this better evidenced than in the manner in which the magistracy responded to the riots last summer, some magistrates even sitting through the night when required. This was local people dispensing local justice at a time of real need, resulting in speedy action on cases. I worry that if many more courts are closed, this local element will be lost.

The magistracy must of course continue to be responsive. For instance, I was very interested in an article in the Times of 8 May this year hinting of proposals to allow magistrates to sit in community centres. It was suggested that magistrates could sit alone but I would have to be convinced of this, as I believe that a Bench of two or three magistrates carries greater strength and acceptability, and in addition is certainly less stressful for a magistrate.

So I am pleased that this key subject was not included in the Queen’s Speech. I hope, however, that after careful consideration and much consultation with those within the magisterial service we will be presented with a set of proposals that ensure that our justice system continues to be the envy of the world and allows magistrates to serve our country with distinction for another 650 years.