Oral Answers to Questions

Charlie Elphicke Excerpts

Tuesday 3rd February 2015 Commons Chamber

[Mike Penning]

I am proud to say that we have just announced that there will be £40 million extra each year on top of the £50 million compensation already paid. A lot of that money comes from the perpetrators of crimes. We hope to get more money from offenders, and we are working to ensure that that happens.

[Charlie Elphicke (Dover) (Con)]

12. What steps his Department is taking to promote mediation and the use of independent experts to reduce the number of boundary dispute cases coming before the courts.

[The Minister of State, Ministry of Justice (Simon Hughes)]

The coalition is committed to reducing the number of property boundary disputes that come before the courts, as we are to reducing pressure on the court system more widely. I pay tribute to the work my hon. Friend has done, particularly his Property Boundaries (Resolution of Disputes) Bill. We published a scoping study on 15 January, and I hope that will provide a basis for agreeing a way forward that will lead to greater use of mediation and expert determination.

[Charlie Elphicke]

I thank the Minister for that answer. Does he agree that when neighbour property boundary disputes reach the courts, the legal costs often rack up, making it harder to settle the case? That is why I have been making the case for compulsory fast-track mediation, as in the party wall legislation, to make it easier to proceed and to avoid this problem.

[Simon Hughes]

I am absolutely persuaded that costs mount as people go to court, and I want to see the pressures and costs on our court system, as well as on individuals, reduced. We have taken steps over the past year to increase the use of mediation in the family courts, which has been successful. That should be applied to other disputes, including over property boundaries, and experts should also be used, but whether it is right to go down a mandatory route is the difficult question. I will work with my hon. Friend to see if we can reach agreement on how to move forward.

--- Later in debate ---

[Chris Grayling]

I will say it once again. The hon. Gentleman asked about the Justice Committee. Of course my Department has been aware of the situation, but the reality is that we have followed, to the letter, the Cabinet Office guidelines. I do not believe we should disqualify somebody from applying for a job because of something that may, hypothetically, happen.

[Charlie Elphicke (Dover) (Con)]

T6. My constituents are concerned about the claims culture that we saw in past times, which has been putting people off volunteering, and the risk of erroneous prosecutions. What progress have the Government made on dealing with those issues?

[Chris Grayling]

I am very pleased that we have now passed the Social Action, Responsibility and Heroism Bill through both Houses of Parliament. Interestingly, the Labour party has been saying all along that the Bill is meaningless, but in the House of Lords Labour tried to remove a chunk of it because of worries about the impact on employees. The Opposition cannot have it both ways: either the Bill does something, in which case they should ignore it, or it does not do something, in which case they might have a point. The reality is that the Bill makes a real difference: it will protect volunteers and small employers against spurious claims in the workplace. Once again, the Opposition say one thing in this place and do something completely different.