Criminal Justice and Courts Bill

Debate between Lord Grayling and Valerie Vaz

Tuesday 13th January 2015 Commons Chamber

[Chris Grayling]

I hope I can reassure the hon. Gentleman by saying that the legal advice I have received is that if an applicant passes the standing test, they would not be adversely affected by the provision.

We have tabled an amendment providing for an exception such that the challenge can continue or a remedy can be awarded where the court considers it appropriate because the matters at hand are of exceptional public interest. I have listened carefully to the debates and want to be clear that it needs to be an exceptional public interest and it must be quite clear to the court that the issues in question are exceptional. We think it right that a high public interest test should be passed before the exception is activated and taxpayer-funded resources are used on a judicial review that might be academic in relation to the applicant.

Equally, we think it is right for the judges to define how that exception will operate in practice and to decide in which cases it is right to certify, but if they are to do that, they should certify formally and explain their reasons. It should not simply be a matter of a judge deciding to do it; there should be a requirement to certify that the test has been met and to state why it has been met. I think that offering a judge the flexibility to certify that a matter is of exceptional public interest and to allow, therefore, the case to proceed, while leaving the remaining safeguards in the Bill, finds an appropriate balance. It is a way of addressing some of the concerns raised in the other place but leaves intact the core purpose of the provision, which is to stop unnecessary, spurious, delaying-tactic, campaigning judicial reviews being brought on technicalities—cases the taxpayer ends up defending at tens of thousands of pounds of expense each time—to no good purpose, often with a view of delaying necessary reforms at a time when necessary reforms and difficult decisions are a regular part of Government life.

[Valerie Vaz (Walsall South) (Lab)]

Will the Secretary of State give an example of the kind of mischief that he is trying to stop?

Oral Answers to Questions

Debate between Lord Grayling and Valerie Vaz

Tuesday 18th March 2014 Commons Chamber

[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.

[Valerie Vaz (Walsall South) (Lab)]

May I ask the Secretary of State to correct the record? In the House, he said that family mediations had not fallen, but a letter from the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) says that publicly funded referrals and family mediations have fallen.

Oral Answers to Questions

Debate between Lord Grayling and Valerie Vaz

Tuesday 17th December 2013 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

4. What recent assessment he has made of family mediation services.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Ministry of Justice does not regulate family mediation services, but it does award contracts for the provision of family mediation funded through legal aid to standards set by the Legal Aid Agency. We are aware that there has been a drop in referrals to mediation following changes to legal aid in April 2013, although there has been no drop in the number of mediations taking place. My Department is undertaking a range of activities to address this important issue.

[Valerie Vaz]

The Minister indicates that there has been a drop of 47%, causing some mediation services to close. That was a foreseeable consequence of cuts in legal aid to family lawyers, so will he please change the policy now?

[Chris Grayling]

We are working extremely hard to address the issue. One change that will come through when the Children and Families Bill becomes law relates to making it a requirement in a family process that the mediation referral takes place. However, as I say, the actual issue is about referrals, rather than about the number of mediations, which has not changed. We are working very hard with those in the mediation world to address that and ensure that the right referrals are made.

Oral Answers to Questions

Debate between Lord Grayling and Valerie Vaz

Tuesday 12th November 2013 Commons Chamber

[Chris Grayling]

First and foremost, those reforms are about ensuring that the justice system in this country is there for those who need it, and not used for purposes other than genuine redress. My view is that judicial review is being used at the moment as a delaying tactic and as a PR exercise. It does indeed undermine the will of Parliament and the will of the Executive, and it costs the taxpayer money. It should be used only when it is appropriate to do so, and not for trivialities.

[Valerie Vaz (Walsall South) (Lab)]

Will the Justice Secretary confirm that there will be no further court closures, which could undermine the administration of justice?

[Chris Grayling]

We will continue to review the court estate on an ongoing basis, but at this time I have no plans for substantial court closures. There might be occasional changes in the system, such as those we have seen recently in Liverpool, but I am not planning major changes to the court estate at this time.

Transforming Legal Aid

Debate between Lord Grayling and Valerie Vaz

Thursday 5th September 2013 Commons Chamber

[Chris Grayling]

I obviously cannot comment about that specific case, but I am not aware of anything in these proposals that would have a detrimental effect on the very important processes we have in place to deal with military matters. It will be very much on my mind in the coming months to take a closer look at the whole issue of veterans and armed forces personnel and the legal profession, because I am not entirely convinced we do enough to make sure we recognise the needs of those leaving our armed forces who end up in the criminal justice system.

[Valerie Vaz (Walsall South) (Lab)]

I am a non-practising solicitor. Of the 16,000 responses to the Justice Secretary’s original consultation, how many were in favour of those earlier proposals?

[Chris Grayling]

Of the 16,000 we received, the vast majority were single-template campaigns. We have not sought to add up pros and cons. What we have done is looked at the consultation responses in detail, and looked for sensible ideas. We have had constructive discussions with the professions who provided the most substantial responses, and we have brought forward what I think are the right proposals for the future.

Voting Eligibility (Prisoners)

Debate between Lord Grayling and Valerie Vaz

Thursday 22nd November 2012 Commons Chamber

[Chris Grayling]

It is clearly a matter for Parliament to decide. There may be divided opinions, in different ways, on whether or not to give votes to prisoners and on which form any reform should take. That will be debated in the coming months, but surely it is ultimately the job of Parliament to decide which of many options it wishes to adopt.

[Valerie Vaz (Walsall South) (Lab)]

Can the Lord Chancellor confirm the position on judges’ discretion on sentencing and the sentencing guidelines? Is there room in the Bill for that, given that the length of sentences could change over time?

[Chris Grayling]

It would not be my intention to try to add additional dimensions to the Bill. It is important that it concentrates on the core issues in relation to prisoner voting and the decisions of the European Court. There will be other opportunities to debate matters relating to sentencing when we discuss Bills that are before the other place and will, I trust, be before this House in the coming years.

Oral Answers to Questions

Debate between Lord Grayling and Valerie Vaz

Tuesday 18th September 2012 Commons Chamber

[Chris Grayling]

My two initial thoughts are that the cost of prisons is too high but, alongside that, that the best way for us to save money is to break the cycle of reoffending that has people going back to prison, and back to prison, and back to prison. We release young people on to our streets with £46 in their pocket, to go back to the same places where they offended before and where the same people are, and we are surprised when they return to prison. That is what has got to change.

[Valerie Vaz (Walsall South) (Lab)]

6. What assessment he has made of the effectiveness of the language services for courts provided by Applied Language Solutions.