Criminal Justice and Courts Bill

Debate between Lord Grayling and Robert Neill

Monday 1st December 2014 Commons Chamber

[Chris Grayling]

Indeed. I am genuinely baffled as to why the Opposition are so set against many of these reforms when many of their predecessors as shadow Ministers or in government raised many of the same concerns. I will challenge them over one or two of the issues later, because I find their position inexplicable.

Whoever wins the general election will have to take some very difficult decisions in the next Parliament. Those decisions are not ones that any of us would wish to have to take, any more than we in government wanted to take some of the difficult decisions that we have faced in this Parliament, but tough times mean tough decisions—decisions in the interests of this country. And yet, whichever party is in government after next May will face a wave of pressure groups trying to use judicial review to delay decisions, to avoid spending reductions, and to generate publicity for their own cause.

If a group can find a clever enough lawyer, almost any Government decision can be judicially reviewed, and very many are, not necessarily on the basis of specific breaches of specific laws, but far too often on a loose argument that something was not quite right with the consultation paper, that there should have been a bit more consultation, or that a tough decision seen in isolation was irrational. Without undermining the essential core of judicial review, we need to restore common sense to the way in which the judicial review system works, and that is what we are working to do.

[Robert Neill (Bromley and Chislehurst) (Con)]

Does my right hon. Friend agree with the important point made by Lord Horam that there is a difference between a balance to protect the rights of the citizen in specific cases and a situation where, sadly, judicial review can be moved through pressure groups to what is effectively a review of the merits, rather than of the procedures, often contrary to the wishes of the communities that are most directly affected?

[Chris Grayling]

My hon. Friend is right. Judicial review has become a vehicle that is used as one of the tools to campaign, to delay and to challenge, not necessarily in the interests of the broader society or the broader community, but because it provides a vehicle to make a point or to delay something for financial reasons. It makes no sense to have a system that can be abused in the way it often is.

We listened carefully to the debate in the House of Lords, and as hon. Members will see from the amendment paper, we have suggested some modifications to ensure that we avoid unintended consequences of what we are working to do. I hope that the House will say clearly today that having agreed those safeguards, we want to see this package of reforms pass into law.

Oral Answers to Questions

Debate between Lord Grayling and Robert Neill

Tuesday 18th March 2014 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

Will my right hon. Friend look again at the adequacy of the terms of reference and working practices of the Office for Judicial Complaints to deal properly with redress in the very rare cases in which our judiciary do not come up to the proper standards of behaviour?

[Chris Grayling]

I am happy to do so. Perhaps my hon. Friend will give me a bit more information on the detail of his concerns. I think that the office does a good job. My experience from my 18 months as Lord Chancellor is that it makes sensible decisions and takes a sensible approach when such issues arise. One hopes that they will not arise often, but I will look at his concerns.

Criminal Justice and Courts Bill

Debate between Lord Grayling and Robert Neill

Monday 24th February 2014 Commons Chamber

[Chris Grayling]

Typically, these will be uncontested cases. A contested case in which the defendant wished to plead not guilty would not be dealt with outside the courtroom. These are simple cases in which there is no doubt about the defendant’s guilt because the defendant has pleaded guilty, and which can be dealt with out of court by magistrates, without the formality of a court hearing.

[Robert Neill (Bromley and Chislehurst) (Con)]

Does my right hon. Friend not agree that in most instances not only is the case uncontested, but the defendant does not even turn up, and there is then the rigmarole of a prosecutor reading out the facts to an empty courtroom? In those circumstances, it is obviously sensible to adopt the proposed reform.

[Chris Grayling]

I would say to my hon. Friend, and indeed to the hon. Member for Islington North (Jeremy Corbyn), that if someone wishes to contest a charge, it is probably a good idea for him to turn up in court to do so.

--- Later in debate ---

[Chris Grayling]

We assess carefully each immigration case that comes before the Border Agency and there is then the opportunity to challenge in the courts, but just how many times are we going to give people the right to appeal? There have been many cases, and indeed occasions when our judges have said, “This is not good enough”, where the case has simply been brought as a delaying tactic to stop people being asked to leave the UK—that is in nobody’s interest.

[Robert Neill]

Will my right hon. Friend take on board the fact that, unfortunately, previous interventions have highlighted the error that has crept into many people’s thinking? They believe that rather than being a process of procedural review—an administration of the propriety of decision making—judicial review should be used as a re-run of the merits. That is not what it was ever intended to be.

[Chris Grayling]

My hon. Friend is absolutely right about that, which is one reason why we have sought to ensure that cases where there is no material likelihood of a different decision having been taken cannot simply be brought on a technicality relating to the process. If a minor error of procedure has been made, the decision should not be able to be delayed for months and months when there is no realistic prospect of a different decision being reached.

The Government have consulted extensively on this package of reform, and we did so with an open mind. Concerns were raised, both practical and principled, about proposals to reform “standing”, which determines who can bring a judicial review, and I have decided not to pursue those. Judicial review must continue in its role as a check on the powers that be. It is an important tool for our society which allows people to challenge genuinely wrong decisions by public authorities. These reforms do not change that, and I would not want them to do so. They make it more difficult for pressure groups simply to use judicial review as a campaigning tool and for those with a financial vested interest—for example, one developer judicially reviewing another—to delay a process of investment, to derail a competitor or to derail a major project that is strategically and economically in the interests of this country.

The Bill contains a vital set of proposals as we work to deliver a justice system in which people can have confidence—a justice system that deals robustly with those who repeatedly commit crimes. The Bill toughens sentencing for some of the most serious crimes and ensures that serious offenders will be released only if they can show that they are no longer a threat to society. The Bill requires offenders to contribute to the cost of the criminal courts, and allows us to test a new approach to youth custody and to reduce the delays and expense involved in unmeritorious judicial reviews. The Bill draws a line under Labour’s soft justice culture, provides hard-working families with greater safety and security in their communities, and removes barriers to economic growth. I commend it to the House.

Oral Answers to Questions

Debate between Lord Grayling and Robert Neill

Tuesday 4th February 2014 Commons Chamber

[Chris Grayling]

I sometimes find the Opposition’s attitude completely breathtaking. It is but two and a half years since they attacked our proposals to reform civil legal aid, saying that the savings should be found from criminal legal aid instead. Now they appear to have done a complete U-turn. Is the right hon. Gentleman prepared to commit in the House today that if a Labour Government are elected at the next election, they will reverse the cuts? I suspect that the answer is no.

[Robert Neill (Bromley and Chislehurst) (Con)]

2. What assessment he has made of the potential role of mediation in reducing the number of court cases.

Rehabilitation of Offenders

Debate between Lord Grayling and Robert Neill

Thursday 9th May 2013 Commons Chamber

[Chris Grayling]

My hon. Friend is right that basic skills are fundamental to helping somebody get a job. I hope and expect that we will now have a much greater connection between resettlement services and education courses post-prison. I want somebody who cannot read properly and might have started training in prison to come straight out of prison and into the local college to continue that work. With the kind of support we will be providing, that will be much more likely to happen.

[Robert Neill (Bromley and Chislehurst) (Con)]

I warmly welcome my right hon. Friend’s statement. From my 30 years’ experience as a practitioner at the Bar of the criminal courts of this country, I know that the disconnect to which he refers has existed for many years, but has not previously been acted on.

On the specific steps, can my right hon. Friend reassure me that the proposed local partnership arrangements will fully involve local authorities in that process and respect the work being done on community budgeting? Furthermore, does he agree that the work of those in the voluntary and charitable sector, which turns these people’s lives around, is one of the most powerful means of getting messages through to ex-offenders and that their work deserves rather more respect than it appears to be given by the cavalier comments from the Opposition Front Bench?

[Chris Grayling]

I rather agree with my hon. Friend. I can certainly reassure him that we will be looking for organisations that can demonstrate the ability to maintain partnerships where they are necessary. I am at a loss as to why the Labour party does not seem to think that using the expertise of the former offender gone straight to help turn around the life of a younger offender is anything but a very good idea. I ask them to get out of Westminster a bit and visit some of the charities where it is already happening to see the impact. It is substantial and we should make more of it.