Draft Access to Justice Act 1999 (Destination of Appeals) Order 2016 Draft ACCESS TO JUSTICE ACT 1999 (DESTINATION OF APPEALS) (FAMILY PROCEEDINGS) (AMENDMENT) ORDER 2016

Caroline Dinenage Excerpts

Wednesday 8th June 2016 General Committees

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

I beg to move,

That the Committee has considered the draft Access to Justice Act 1999 (Destination of Appeals) Order 2016.

[The Chair]

With this it will be convenient to consider the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016.

[Caroline Dinenage]

Thank you, Mr Evans. I will refer to the draft Access to Justice Act 1999 (Destination of Appeals) Order 2016 as the civil order, and to the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 as the family order. I should start by saying that the Ministry of Justice has worked carefully with the senior judiciary to ensure that these amendments will work and have their support, and we are incredibly grateful to them for their assistance.

Although the civil order may appear quite detailed, the basic aim is to clarify and simplify the appeals process, to ensure that the route of appeal in civil proceedings lies to the next level of judge. That should reduce the number of appeals that are lodged in the Court of Appeal and reduce pressure on that Court by making the best use of judicial time, ensuring cases are heard in the most appropriate level of court.

The family order will amend the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014, so that appeals from certain decisions of circuit judges and recorders in the family court will lie to a single specialist and experienced judge in the High Court, rather than in the Court of Appeal.

In conclusion, the orders will ensure that cases and appeals are heard in ways that are proportionate to the grounds of complaint and the subject matter of the dispute, while ensuring effective access to justice. I therefore commend them to the Committee.

--- Later in debate ---

[Caroline Dinenage]

May I say what a pleasure it is to serve under your fine stewardship, Mr Evans? I omitted to say that at the beginning.

I thank the hon. Member for Neath for all her questions. As she has outlined, both orders respond to concerns about the volume of appeals currently being made to the Court of Appeal. The orders will ensure that cases and appeals are heard in a way that is proportionate to the grounds of the complaint and the subject matter of the dispute, while ensuring effective access to justice.

The hon. Lady asked why we are in the position we are in. The default position, historically, has been that appeals lie to the Court of Appeal, as set out in primary legislation. The orders relate certain appeals to different levels of court for the reasons explained. We seek to amend an historical status quo in a way that will be most beneficial for court users and, indeed, court time.

The hon. Lady asked about a build-up of cases in the High Court. It is really important that cases are heard effectively, efficiently and, chiefly, fairly. We are grateful for the ongoing hard work of the judiciary to continue to achieve that, but judicial recruitment is the responsibility of the Lord Chancellor. That, of course, means ensuring he meets his statutory obligation in respect of appointments and keeping workload under review, as he does, to ensure that enough judges are available to hear appeals within a reasonable timeframe. His decisions are informed by a complement group made up of senior judiciary and HMCTS officials who examine business need at all levels of the judiciary and advise the Lord Chancellor on the optimum complement.

We have spoken to HMCTS, which is fully aware and supportive of the changes. The Ministry of Justice has been working with the senior judiciary, as the hon. Lady said, who are very supportive of the measures and keen for the orders to come into force. The orders will make more efficient use of judicial resources by ensuring cases are heard at the lowest and most appropriate level of court. On their own, they will not necessarily address any backlog of work held by the Court of Appeal, but they will ensure that the backlog does not continue to increase and that cases are dealt with at an appropriate level and as swiftly as possible.

Separate to that, the Civil Procedure Rule Committee has launched a consultation on reforms to the process for appeals to the Court of Appeal. The proposals will raise the threshold for permission to appeal to the Court of Appeal and remove the automatic right of renewal for permission to appeal in civil cases, where permission has been refused on the basis of the documents in the case. That consultation closes on 24 June.

Work is under way to make some changes to the current court procedure, as set out in a practice direction that supplements the family procedure rules. It is anticipated that, for example, changes will limit the number of documents to be filed with an appeal, making court bundles more manageable and focused. That revised procedure will apply to all family appeals heard in the High Court. Any changes will be clearly communicated to all those who use the Court, which I know the hon. Lady was concerned about. The Ministry of Justice is working with HMCTS and the judiciary to ensure their guidance is updated to reflect all the changes. As part of the new, streamlined process being designed for appeals, all forms will clearly state where they must be sent, which is fundamental.

In conclusion, the civil order will clarify and simplify the appeals process to ensure that the route of appeal in civil proceedings lies to the next level of judge, and the family order will mean that certain family appeal hearings take place before a single specialist and experienced High Court judge.

Question put and agreed to.

Draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016

Resolved,

That the Committee has considered the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016.—(Caroline Dinenage.)