Courts Service

Chris Bryant Excerpts

Wednesday 14th July 2010 Westminster Hall

[Mr Williams]

My hon. Friend draws our attention to a practical problem. Some of us are looking further ahead to ensuring that the magistrates court system serves people. We are discussing not short-term decisions, but a longer term view of the network that we want. The issue is valid.

I note that the consultation objectives include the commendable pledge to

“ensure the estate supports the challenges of rural access”.

Having looked at the documentation, I contend—I suspect that others will share my view—that that is not the case. The problem of access is not unique to rural areas, but it is a huge problem, and will be detrimental to Cardigan and the surrounding area.

[Chris Bryant (Rhondda) (Lab)]

I am glad that the hon. Gentleman made the point about rural and non-rural areas. The Rhondda is not rural in one sense, because there is a conglomerated community and people live close to one another. However, if Llwynypia magistrates court disappears, the number of people who are unable or fail to attend court is likely to increase dramatically because they will have to travel all the way to Pontypridd. It is likely that many people, including the victims of crime, will not receive justice, and defendants may get off scot-free.

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[Chris Bryant (Rhondda) (Lab)]

I, too, congratulate the hon. Member for Ceredigion (Mr Williams) on securing the debate, and on signing my early-day motion. Many hon. Members have specific concerns and have rightly advanced arguments about equality of access to justice in rural areas. As I was pointing out, my constituency in the Rhondda is not, properly speaking, rural, although we still have sheep parading down the streets most days of the week—mostly in an inconvenient way—and nearly every house is within half a mile of a farm. Those are very different farms from the ones in Surrey and other parts of the country, but nevertheless it feels to many people as if they need only lift their eyes to see the hills. The Rhondda feels like a rural community. More importantly, the communities there are valley communities, and the further one goes up the valley the less access there tends to be to larger shops or, for that matter, the services provided by national Government, the Welsh Assembly Government or local government. That is one of the problems driving depopulation at the top ends of some valleys, which may be very beautiful but none the less have economic problems. People rightly ask themselves, “Is someone just choosing to close us down?”

One of the very few national Government presences in the Rhondda now, other than the police, is the Llwynypia magistrates court. Her Majesty’s Revenue and Customs has moved out many of its staff who worked in the Rhondda. In fact it has been moving them out of Pontypridd as well. My argument to the Government is that I of course fully understand that savings must be made—the Ministry of Justice must ensure that it operates justice in the most financially efficient way available, especially in these straitened financial circumstances—but there are two functions involved. The first is that of providing justice efficiently and effectively; however, the other is how to create links with every other aspect of government. If it feels as though whenever a choice must be made, the Government constantly choose to close offices in more peripheral communities, longer-term economic problems are effectively created in the areas concerned, and they will have to be rectified by another part of Government.

The classic instance is crime in the Rhondda. If we have a greater sense of deprivation and of the Rhondda being a place where people lived in the past, but where they should not bother to live in the future, because even the Government cannot be bothered to keep a magistrates court there, we will have greater problems with economic revival in the constituency, and that will lead to greater crime problems. In addition, the Rhondda is not an easy place to get around without a car, and many of my constituents cannot afford one—in particular the 13,000 pensioners. Because of that geography, with two valleys—some say a passport is needed to go from one to the other—it is already all too easy for defendants never to turn up at court. For that matter, it is pretty easy for witnesses to crimes not to bother to turn up. Consequently, magistrates court officials and the police spend vast amounts of time pursuing defendants who should have been at court on a certain day, to get them to make an appearance the following week. That is one of the most significant elements of the inefficiency in the present service. I am concerned that the problems will multiply if Llwynypia magistrates court, which has managed to improve its statistics dramatically in the past 10 years, is lost and the services are moved to Pontypridd a few miles down the road, which has some bus services and a train service from one half of the constituency but not the other. The police will again spend more time trying to force defendants and witnesses to go to the first court date, rather than a second or third. That will mean that fewer people will get justice.

The Rhondda is not a high-crime area. Sometimes, because of the way the valleys are often presented by the BBC and national newspapers—we are of interest only when there is a drugs death—people think that the level of criminality is high. That is not true. For the most part it is a safe area, and many people still leave their front doors open perfectly contentedly, because they know that. None the less, there are significant areas of crime, including domestic violence in particular. The local senior police officer recently told me that if he added together the domestic violence cases from the three constituencies around mine he would not get to the number of cases from my constituency. An important aspect of the work done in our magistrates court is getting justice in domestic violence cases, particularly in light of the steady growth in such violence that may go on in a household. My anxiety is that if people feel that such justice will be more distant and that it will not be as easy to get access to it, we shall be likely to bear down less on the domestic violence problems in the Rhondda.

I have one other concern. I remember the last attempt to close the Llwynypia magistrates court, which was under a Labour Government. I was then Parliamentary Private Secretary to Lord Falconer, who was trying to close it, and I managed to see that closure off—with the help of the present interim leader of the Labour party, who was ferocious in my support. A key argument, besides equality of access, in particular for some of the poorest communities in south Wales, was the investment that had already been made in the building. The question arose of how to ensure that witnesses could have secure access and a separate entrance, to prevent intimidation, which can happen all too easily in small, tight-knit communities; how to provide secure accommodation for complainants; and how to make the whole process of involvement with the court safe and secure. That is possible in part because the court is in a beautiful rural area, immediately next to the Glyncornel park, which has, as I am sure the Minister will know, the largest colony of Deptford pinks in the country. I am concerned that if the magistrates court closes there will be yet another building in the Rhondda to symbolise the retreat of the Government from areas in the valleys. The sense of that, especially given that the building is not far from the old powerhouse where the Tonypandy riots happened a hundred years ago this year, will feel emotionally to the people in the Rhondda as if something important has closed.

As a final point, I hope that the Minister will consider this as he proceeds: “More haste, less speed.” We have seen in the past few weeks that trying to make cuts too fast, and therefore producing inaccurate lists that lead to further problems, not only causes more anxiety in communities than necessary, but makes people feel that the judgments being made are somewhat arbitrary. I hope that the Minister will extend the consultation period by a month so that more people can take part, not least because some of the professionals involved want to be able to arrive at a coherent policy. None of us wants to oppose for the sake of opposing—we understand the financial situation—but I hope that the Minister will postpone the cut-off date so that it does not feel quite so arbitrary as it may do now.

[Mr Jim Hood (in the Chair)]

The hon. Member for Hexham (Guy Opperman) has assured me that he will take only two minutes.

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[Chris Bryant]

Will my hon. Friend give way?

[Maria Eagle]

Briefly, but I need to make my speech.

[Chris Bryant]

Does my hon. Friend remember all the excoriation poured on Jacqui Smith for doing precisely what she did?

[Maria Eagle]

I remember that also. The point is that collective responsibility is still a constitutional principle in this country, yet a senior Law Officer appears to be opposing an element of the Under-Secretary’s proposals.

It is not only the Solicitor-General. The Deputy Leader of the House, the hon. Member for Somerton and Frome (Mr Heath), opposes his Government’s proposal to close Frome magistrates court and has made that opposition clear to his local newspaper, the Frome and Somerset Standard. The right hon. Member for Sutton Coldfield (Mr Mitchell)—a Cabinet Minister, no less—has also

“vowed to lead the fight to save a city magistrates’ court”,

according to the Birmingham Mail. A swathe of newly elected Conservative Members also opposed the announced closures—we have heard from one or two of them today; more power to them—and the hon. Member for Ceredigion, who secured this debate, is also a member of a governing party. The Minister might have difficulty on his hands. He is in danger of starting a revolt among his Government supporters rivalling that created by the Secretary of State for Education. It will take some going, but he might get there.

How genuine is the consultation? A number of hon. Members have asked that question during this debate, partly because of the scale of the proposals, the speed with which they have been produced and the speed with which the Minister intends to proceed with them. How much is the announcement of a huge court closure programme driven by money alone, and by this Government’s increasing dogma of slashing the size of the state—some might say for ideological reasons—at all costs?

The Justice Secretary made a speech on 30 June that was reported mostly for his comment that he wanted to reduce the use of prison as a way of tackling crime. However, he also said about the courts:

“Obviously it would be nice, for historic reasons, if we could keep all of the old court buildings that we are used to across the country. But in these difficult times, an under-used and under-repaired courts estate is an extravagance we simply cannot afford. So we have identified the potential to make a one-off saving of £21 million and annual savings of £15.5 million in running and maintenance costs. These are savings we must make”.

That smacks of a decision already taken and suggests that the consultations might be no more than window dressing. I am certainly not the only person who has raised that issue in this debate. The Justice Secretary has already determined the outcome:

“These are savings we must make”.

Those savings depend on the closure of 40% of all remaining magistrates courts and 25% of our county courts.

We will be watching closely to see whether any of the Minister’s proposals that we are discussing are not implemented. In the past, proposals to close courts have not all gone ahead. Some right hon. and hon. Gentlemen have explained today that they saved courts from closure proposals, which showed a listening Government who were willing to change their mind. Will this Government be willing to change their mind, or will the Minister go ahead with all the proposed court closures? We will be watching to find out.

It is perhaps not surprising that the Justice Secretary should be suggesting that the fall in crime by one third during Labour’s tenure in office—at least he accepts that it happened; the Home Secretary does not—had nothing to do with serious and dangerous offenders being locked up. Both the MOJ and Home Office budgets will be cut by between 25% and 40%, inevitably leading to a justice system that is less able to cope with the number of people involved in it.

We have concerns about whether the closure programme is merely a part of the overall attempt to reduce the size of the justice system generally. We fear so. The Under-Secretary will no doubt protest that it is no such thing, but let us see how many of the proposed closures do not proceed. That will be one litmus test by which we can determine whether my fears or the reassurances that he will no doubt give are accurate.

As well as those assurances, I seek a couple of other answers from the Minister about whether he is taking important matters into account. My hon. Friend the Member for Rhondda (Chris Bryant) raised the issue of domestic violence. How many of the courts that the Minister proposes to close are problem-solving courts, domestic violence courts, community courts, mental health courts or drug courts? Has he considered that?

The previous Government planned to select and establish 128 domestic violence courts by 2011, and had reached 122 by the time of the general election. Domestic violence is a devastating and hidden crime. The courts that we set up brought together a range of aspects of the criminal justice system to ensure that that crime was tackled properly. It worked. Prosecutions have doubled in the past four years, with 72.5% of cases resulting in a successful prosecution. That is a great success.

What steps is the Under-Secretary taking to preserve the Courts Service’s capacity to deliver such a difficult, problem-solving approach in the remaining court estate—however big that ends up being? What account is he taking of the need to preserve the excellent work that has been done, which has led to a joined-up and co-ordinated approach from all criminal justice agencies?

Finally, will the Minister give us some reassurances about the length of the consultation and say whether he will extend it? There is clearly a concern across all parties and among a wide range of Members that his swift announcement has provided too short a time to allow proper reassurance and proper consultation to take place.