Courts and Tribunal Services (England and Wales)

Debate between Ben Howlett and Baroness Hoey

Thursday 17th September 2015 Commons Chamber

[Ben Howlett (Bath) (Con)]

I beg to move,

That this House has considered the closure of courts and tribunals services in England and Wales.

I thank the Backbench Business Committee for giving me and the hon. Member for Hartlepool (Mr Wright) the opportunity to bring to the House this debate on the closure of courts and tribunal services in England and Wales. Given that it was my first pitch to the Committee, I was pretty chuffed to receive the good news.

In July, the Government announced a consultation on the proposed closure of 91 courts and tribunal services across England and Wales called. “Proposal on the provision of court and tribunal estate in England and Wales”, and it closes on 8 October. It forms part of the wider changes to the criminal justice system, which have not been debated in this Parliament.

Many Members have been in contact to say that, with the closure of courts, the way in which people access the justice system will be incredibly different. Given the introduction of new and not-so-new technology, and the fact that fewer people will attend the courtroom in person, we felt that a debate was necessary. I am therefore delighted that the Backbench Business Committee accepted a debate on these significant proposals, which will see some constituents across England and Wales travelling for more than an hour to reach a courtroom. Many Members believe that the changes to the estate of Her Majesty’s Courts and Tribunals Service could lead to the complete transformation of the justice system as we know it.

I thank the Minister for his support and his speedy responses over the last few months. His continued support in person, on the telephone and in relation to exchanges of emails and letters has been incredibly helpful in allowing me to update my constituents. I know that that is true of other Members across the House, so I thank him.

On 23 June the Lord Chancellor gave a speech to the Legatum Institute on what a one nation justice policy would look like. He said that he wanted

“to make our justice system work better for victims; to deliver faster and fairer justice for all citizens…to make sure the laws we pass provide protection for the weakest… rescue young offenders, and those who may be on the path to offending, from a life of crime”.

He announced his intention to work with the judiciary to reform Her Majesty’s Courts and Tribunals Service, and he wanted—I agree with this—to create a modern and efficient service. That will involve challenging decisions about the current system. One such decision relates to the courts and tribunals estate, and the consultation provides a superb opportunity for Members to make a reasoned and sensible case for the use of courts in their constituencies. I hope it will enable them to present clear evidence to the consultation. Pending the results of the consultation, we should begin a conversation now about the future use of the estate, and about how best to use it in the one nation terms outlined by the Secretary of State.

I understand the reasons behind the Secretary of State’s decision to hold a consultation. In his speech he recognised that a dangerous inequality lies at the heart of the current justice system, because it involves not one nation but two. The wealthy international class can settle cases in London with the gold standard of British justice, but everyone else has to put up with a creaking, outdated system to see justice done in their lives.

The courts are trapped in “antiquated ways of working” that leave individuals at the mercy of grotesque inefficiencies and reinforce indefensible inequalities. Over the past few months I have spoken to a range of key stakeholders in my constituency, and it is clear that Her Majesty’s Courts and Tribunals Service needs major reform to deliver value for money for taxpayers and fair treatment for all citizens.

Some children in my constituency have waited two years for sexual assault cases to be brought before the courts, and too many cases show that the system is failing the victims and those whom we are trying to rehabilitate. It is right to use this opportunity not just to look at reforming the Courts and Tribunals Service, but also to consider the processes and administration of the remaining courts.

The Courts and Tribunals Service currently operates from 460 courts and tribunals across England and Wales. The estate costs taxpayers around £0.5 billion each year and is underused. In my constituency, usage is well below the 50% capacity, and last year more than one third of courts and tribunals were empty for more than 50% of their available hearing time. As I discussed with Bath magistrates, there is no shortage of cases needing court time, and if more magistrates were provided, capacity could be increased.

Evidence is clear that hearing rooms in the estate are underused. In the financial year 2014-15, recorded national utilisation levels by jurisdiction were as follows: Crown Courts 71%; county courts 53%; magistrates courts 47%; and tribunal hearing rooms 71%. Although Bath has a relatively modern building, much of the national estate is ageing and requires extensive maintenance. The cost of keeping buildings in a fit state is unsustainable given the overall financial pressures placed on the Department. I therefore understand the need to reduce the outgoings of Her Majesty’s Courts and Tribunals Service and improve efficiency.

It will come as no surprise to hon. Members that today I will make the case for Bath magistrates court to stay open. The Government’s own report states that the court was built in 1989 and is in a good state of repair. It has five courtrooms, of which four are magistrates courtrooms. The court has separate waiting rooms for prosecution and defence witnesses, and video link facilities for witnesses to give evidence. It does not have a prison video link, but I wish to query the lack of a court hearing loop as stated in the consultation, as I understand that it does have one.

After speaking to a range of key parties, there is an opportunity to use the court building more effectively than in the past. If Bath courts are kept open following the consultation, I wish to ensure that our buildings and others around the UK are at the centre of the Government’s reforms to improve the criminal justice system, that they have the best technology and improve access to justice, and that they work effectively in the interests of the most vulnerable—the victims of crime and those in most desperate need of rehabilitation services.

I therefore welcome the fact that the Minister has noted that he would like to maintain access to justice, particularly in rural areas. I also welcome the fact that he wants to make the system fairer and faster, as the Government look to invest significantly in digital technology to enable more issues to be resolved without people needing to go to a court or tribunal building to access justice. This includes extending the use of video links to enable victims and witnesses to give evidence and participate in hearings remotely.

Of course, it is the staff who work in the courts and tribunals who experience the inefficiency every day. From visiting the courts in my constituency, I am baffled as to how they put up with the cumbersome IT processes that they have to go through and the archaic systems. On my visit to the courts in Bath a couple of weeks ago, I was interested to learn that many letters have to be sent out via first class mail, rather than via email. The voices of staff are the ones we need to listen to most when it comes to the reforms.

We need to make sure that prosecutions are brought more efficiently, that information is exchanged via email or conference call, rather than in a series of hearings, and that evidence is served in a timely and effective way. It is not just within the criminal courts that the case for reform is clear. Millions of people each day access our civil courts to reach custody agreements after divorce, contest their traffic offences or settle a dispute over intellectual property rights. Without our civil and family courts or our tribunal services, our contracts are unenforceable and individuals are left with no recourse when deprived of their rights.

As we look at reforms to the civil court estate, we ought also to be looking at maximising efficiency. If the estates are to be kept, we must address the reasons why the current system prevents people from filing their cases online, is often not in plain English, and adds stress owing to its complexity and bureaucratic nature. I am pleased that the Government have recognised that we need to question whether many of these formal hearings need to be heard at all in our current court and tribunal estate, and why we are not submitting more information online and using our estate in a much more efficient way

Like many Members, over the summer I consulted my constituents on the proposed closures and received hundreds of responses. I thank them and the legal professionals, charities and magistrates who sent me their views. One thing is clear: the vast majority know that the criminal justice estate needs reform. Many are clear that it is underutilised and that it needs to be better used to help service those most in need—the victims of crime and those who must be rehabilitated. So far, over 84% of the respondents to my consultation believe that Bath magistrates and county court should stay. However, very few have ever needed to access the services provided by the courts—probably something I should promote a little more. Those who do need the services provided are often the most vulnerable in society, and I think it is right to maintain local access to justice while providing for efficient use of the services provided in the courts and tribunals estate. This is something I will come on to a little later.

At this point it is important to set out the chronology of the relevant reforms to the criminal justice service and Her Majesty’s Courts and Tribunals Service in order to set the scene for Members as we begin a wider debate on the reforms to the criminal justice estate. In March 2014, the Lord Chancellor, the Lord Chief Justice of England and Wales and the Senior President of Tribunals announced details of a programme of reform of courts and tribunals. At the heart of this programme are the use of technology and the principle of proportionality. Modern technology could not only make the justice system more accessible, but reduce the costs of the whole system.

In January this year the president of the Queen’s bench division, the right hon. Sir Brian Leveson, published his “Review of Efficiency in Criminal Proceedings”. In his report he focused on changes to procedure which can be achieved without the need for legislation, but which make better use of technology and other advances within the criminal justice service. All the recommendations were designed to streamline the way in which the business of the criminal courts is conducted, without losing sight of the interests of justice. Therefore, rather than tweak the current system, as has been done over the past 50 years, he tried to identify ways in which our current procedures can be adapted to make the best use of the skills, resources and IT systems available.

With the report published, it makes sense to review the estate in the context of wider reforms to the courts and tribunals service. In March this year my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), then Lord Chancellor, welcomed the Leveson report as a “detailed and valuable report”.

On the wider issue of changes being made to the courts and tribunals service as a whole, I am sure the House would be interested to receive a statement about the progress that the Minister is making in introducing the Leveson report’s recommendations. Given that the improvements to the IT provision, recommended by Brian Leveson, are fundamental to the proposed closure of the courts, it would be useful to understand what stage they have reached.

I would like to set out the debate on the wider consultation, explore how the criminal justice service must be reformed and give an opportunity for Members to explore the reasons why courts in their constituencies should remain open, be reformed, or, in an unlikely circumstance, be closed down, as the structure of the consultation permits.

The consultation sets out a number of key principles that the Government have considered to decide which courts would be included in the proposals. The first principle is ensuring access to justice. Within this section of the consultation, the first consideration is the assessment of the impact of possible closure on professional users, lay court users and tribunal users.

One argument that has been repeatedly raised is that the founding principle of magistrates courts is that justice is delivered by local people who understand the local area and understand where retribution is appropriate. Following the announcement of the consultation, I met magistrates from Bath on numerous occasions and they said that knowing the local community provided a huge benefit when delivering local justice. I am very concerned that this experienced provision of justice will be lost if cases are diverted to Bristol, where this thorough understanding of the nuances of Bath is likely to fall short. Indeed, if one is a part-time magistrate holding two or more roles, how is one able to deliver justice in Bristol as well as work simultaneously in Bath?

The second principle is taking into account journey time for users. I am pleased that the consultation notes that Her Majesty’s Courts and Tribunals Service acknowledges that users should not have to make excessively long or difficult journeys to attend hearings. However, there is a limit to that and I am pleased that at the Justice Committee on 17 July the Lord Chancellor stated that he wanted to make sure that the time it will take for any citizen to travel to court remains less than an hour.

As a Bath resident, it is near impossible to get from Bath city centre to Bristol city centre within an hour by bus or car. If one is trying to get to Bristol court from any of the villages or small towns, this is simply near impossible. Regular trains do run between the cities. However, those attending court would face a walk of half an hour on arrival, which would pose a challenge to some—for example, the disabled.

I also worry that the cost of travel may lead some to not attend court, resulting in harsher penalties at a later date and the involvement of the police to force them to attend a hearing. Each of these steps places a further burden on local services and the taxpayer. It would be useful if the Minister updated the House on the Government’s proposals to provide financial support to the most vulnerable to get to and from the court.

The third principle is the alternative provision of criminal justice services in other locations. If Bath court is to close, I am already working with our council in Bath to discuss the use of our original courtroom, which was indeed a council chamber. As I have explained, there are public buildings in my constituency, as there are in the rest of England and Wales. I hope the Government will work with our councils and other public bodies to offer up facilities where security threats are low. The Government need to undertake a cost-benefit analysis of upgrading current facilities while investing in local civic buildings. Let us not forget that the equipment needs to be brought up to the standards set out by Leveson. We will therefore need financial help to achieve that.

The fourth principle is the need to take into account the needs of the users and, in particular, victims, witnesses and those who are vulnerable. I am pleased, therefore, that the Secretary of State said that the Ministry of Justice has looked at the types of work that the court does and the need to ensure that particularly sensitive people are not exposed to additional upheaval and unnecessary distress.

If the courts are to close and there is an increase in the distance that people have to travel to access the courts system, we need innovative solutions to improve access to justice. In the previous Parliament, some excellent work was undertaken by my right hon. Friend the Member for Hemel Hempstead (Mike Penning) on pop-up civil courts. These courts could open in village halls and community centres. The move would end the requirement for all defendants charged with low-level offences to attend a central court building. This would enable improved access to justice. For people who, for example, have committed a speeding offence, I imagine that having to attend so publicly could have an additional benefit of making them think twice about speeding in the future. Instead of having a public forced to come to the courts for this sort of offence, the public should see justice in their own communities rather than at a magistrates court.

[Kate Hoey (Vauxhall) (Lab)]

The hon. Gentleman makes a strong case for the court in Bath. On distance, does he accept that in London and other inner-city areas, although a court might seem very near, all sorts of travel issues, such as with bus routes and so on, might arise? In my constituency, for example, a consultation is under way over whether to close Lambeth county court on Cleaver Street. The closure of this court, which is centrally located on all transport networks, would make a huge difference, particularly to the poorest, who are likely to have great difficult getting to the court if there is a change of venue.

[Ben Howlett]

I agree. As the crow flies, the distance between Bath and Bristol might look like a 30-minute journey by car or bus, but when one factors in the congestion renowned in my constituency, it can be a problem. I know exactly the problems the hon. Lady mentions in Lambeth from my travels through her constituency. It can be particularly problematic for vulnerable people who cannot necessarily afford to access the courts system. In some instances, they might be left in a place that is slightly foreign to them without the money to get home. As I will discuss later, that adds additional costs to the overall system.

The idea of pop-up courts could be applied to a host of lesser offences, including minor criminal damage, failure to pay the television licence or being drunk and disorderly, which could ensure that the most vulnerable can access the courts effectively. The second key principle is value for money. I have largely covered that already, but no doubt Members will want to mention it later. The most interesting principle in the consultation is the third, about creating efficiency in the longer term. I agree with the Government that we need to reduce our reliance on buildings with poor facilities and remove from the estate buildings that are difficult and expensive either to improve or to upgrade. As I have said, however, the Bath courts are already large, having 12 courtrooms, a youth court and county court, and have excellent facilities for court users, staff and judiciary.

Here, then, is my pitch to the Government. Following conversations with magistrates, service users, charitable organisations and others in Bath, I would like to encourage the Government to back the creation of a new justice and rehabilitation service in Bath. I would like our court buildings transformed into a one-stop shop, providing a range of services that attendees might require and enabling all services within the criminal justice service to be accessed at source. That could involve drug and alcohol services, social care and children and witness support under one roof.

Someone in court because of actions resulting from alcohol abuse could leave the court and walk across the corridor to an alcohol rehabilitation charity. Someone struggling to cope with money who needs help from Citizens Advice could access such advice immediately, instead of having to leave the court estate. By getting the help immediately, offenders could rehabilitate quicker, while advice from a local organisation can be tailored to the local area. No doubt that would increase local support for the venture. The criminal justice system must aim to help prevent reoffending, and such ease of access would provide a way of doing that.

The Bath courts, like many others around the UK, have appropriate rooms that could be utilised in that way—these vacant rooms, after all, are the cause of the consultation. Offering rooms within the estate to local organisations and charities would take the pressure for funding these services off central and local government and the NHS. I know from experience that rents in Bath are extremely expensive, and that many charities essential to improving the lives of offenders would appreciate having such access to those who need their help and to facilities from which to operate.

It is also proposed that we move to an estate providing dedicated hearing centres and concentrate back-office functions where they can be carried out most efficiently. Bath magistrates court and county court already provide a range of different services. Without wishing to run before I can walk, I am pleased that the Government have recognised the need to invest in some of the buildings that need improvement, and I hope that following the consultation the Minister will open discussions with MPs as each case is assessed to ensure that plans deliver value for money. In addition, when it comes to the redistribution of the courts around England and Wales, it would be good to discuss the redistribution of local justice areas as well. It makes no sense that a resident living east of Chippenham has to go to Swindon, or that someone living closer to Bath has to go to Yeovil.

In summary, I hope I have made a strong case not only for reform of the courts and tribunals estate, but for better utilisation of the current estate to help create a one nation justice system. On Bath, I end by reminding Members of what was said in Select Committee on 17 July by the Lord Chancellor:

“when you announce a series of closures or economies it will always, always, always be the case that you find someone who will make a very good argument as to why in a particular circumstance a closure should not go ahead…I want to stress that when we make our announcement about closures, it is not the final word. If a strong case is made and, on the balance of judgment, it is worth keeping a court open, we will revisit any individual decision where we think we may have got it wrong.”

I hope I have made a very good case that the Bath court should stay open.