Legal Aid, Sentencing and Punishment of Offenders Bill

Heather Wheeler Excerpts

Wednesday 29th June 2011 Commons Chamber

[Sir Alan Beith]

Yes I do, and I was just coming to that as my final point. First, just let me complete my earlier point by saying that the absence of qualified one-way cost shifting leaves an imbalance in the implementation of the Jackson proposals. It is not even clear from the Bill precisely what the Government are doing.

Finally, let me address what I, too, have described as the scandal of referral fees under which insurance companies and some other bodies, such as trade unions, make money from selling the details and claims of the victims of accidents. It will not be enough merely to ban referral fees, because the Government and the industry must deal with a system of fees that has a fundamental fault. If there is a system of fees in which a lawyer can still make a profit from a relatively small claim having paid hundreds of pounds for the privilege of pursuing that claim, then we have to address the fixed costs as well as the referral fees.

[Heather Wheeler (South Derbyshire) (Con)]

rose—

[Mr Kenneth Clarke]

rose—

--- Later in debate ---

[Mr Straw]

No, I am sorry.

One solicitor wrote to me saying that referral fees are no more than a “form of legalised bribery”. He is right. They are the parasites eating away at the integrity of the whole of the motor insurance industry and associated professions, including lawyers. Their effect is to drive up costs, and therefore premiums, and actively to encourage individuals—

[Heather Wheeler]

rose—

[Mr Straw]

I am sorry—I am running out of time.

Referrals actively encourage individuals to try their luck in making claims for fictitious or wholly exaggerated injuries. I accept, and do so publicly, that that comes as a result of the Access to Justice Act 1999, which was based on recommendations from Lord Woolf. It gave rise to expectations that have not been met. I was clear when I established Jackson, endorsed it and set up an immediate consultation process that the system needed root-and-branch reform. I am perfectly happy to accept that.

I was glad to hear the Secretary of State’s words about that. With respect to the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), however, referral fees are not, as he said yesterday, a small part of the problem; they are a central part of the problem. Removing them is not a magic bullet, and other actions will also need to be taken. Unless he deals with referral fees, among other things, as well as changing the whole system, he will not deal with the extraordinary abuse that is taking place.

There are other changes that I ask the Secretary of State to consider. First, there could be legislation, possibly in this Bill, to prohibit the payment of damages for so-called whiplash injuries, save where there is other objective evidence of serious injury, as other jurisdictions have already done. The regulators, the Information Commissioner and Ofcom should crack down hard on the patent abuse of individuals’ personal data. I have taken up the issue, and I hope that, as the Secretary of State responsible, he will do so, too.

There should be an urgent review of the effectiveness, or rather the lack of it, of the regulation of claims management companies, as established under the Compensation Act 2006. That, too, is not working as effectively as it should. In Blackburn and in many other urban areas, honest drivers with impeccable driving records are facing huge increases in premiums, not because of any risk that they have any control over but because of the level of claims by other people. It is a form of collective punishment, and it needs to be outlawed.

Over the past 20 years, as a result of taxpayer investment in safer roads and driver investment in safer and more secure cars, there has been a dramatic fall in the number of accidents and the number of thefts from vehicles. There should not be a steep increase in the insurance premium—instead, there should be a fall. It is time for major reforms so that, at long last, motorists can benefit from this investment.

Firearms Control

Heather Wheeler Excerpts

Monday 20th December 2010 Commons Chamber

[Heather Wheeler (South Derbyshire) (Con)]

It has been a pleasure to sit through the entire debate, and I look forward to hearing the closing speeches from the respective Front Benches. I come to this debate as a holder of a shotgun licence and the owner of a shotgun. I am also very proud that we in South Derbyshire have one of the finest rifle clubs, at Swadlincote, and excellent cadet forces and shooting clubs at Newton Solney, a parish for which I am still a councillor.

We have fantastic shoots in South Derbyshire that are very important to the local economy, and it is interesting to note the juxtaposition between people who handle guns and those such as my good friend the hon. Member for Derby North (Chris Williamson). There could not be a more obvious distinction between a city dweller and somebody who is proud to live in the countryside.

[Chris Williamson]

Just for the record, I grew up in the countryside and am very familiar with it, and I regularly walk in the beautiful Derbyshire countryside, so it is not legitimate, worthy or in any way relevant to suggest that I do not understand the firearms issue because I happen to live in the city at the moment.

[Heather Wheeler]

The hon. Gentleman has put that on the record. Interestingly, I recall that we went through great angst last time around with a report produced when Sir Ivan Lawrence was Chairman of the Home Affairs Committee. That report created huge ructions in the shooting community because of the resulting legislation, which is why tonight’s debate is important. I commend the current Chairman of the Select Committee, because the 22 recommendations are very fair. They contain nuances, which I am sure the Government will examine for the next two months, and the consultation will go on from there. My abiding feeling is that I do not believe that there will be a knee-jerk reaction to anything.

One of the dreadful phrases I use is, “We mustn’t throw the baby out with the bathwater.”, but shooting is an extremely important part of our economy and our sporting heritage, and I believe that we will do extremely well in the Olympics: all that must not be sucked into the great concern we have when a few people involve themselves in tragic incidents. It is absolutely frightening that the pressure and power groups almost seem to be trying to put down great history, important parts of the economy and the sporting tradition of this country. None of that must change because of tragic incidents that take place in this country.

I, too, agree that it would be very worrying if the different types of licences were put together—even if there were to be a part A licence and a part B licence—because confusion would arise, even for the police, who deal with this on a day-to-day basis. May I put on the record how excellently the Derbyshire police force handles licensing arrangements? I can tell the Minister that the force gets it; Derbyshire’s police absolutely understand the difference between the types of certificates. We ought to leave it with the professionals, and we ought not to dabble any further.

Courts Service Estate

Heather Wheeler Excerpts

Tuesday 14th December 2010 Commons Chamber

[Mr Djanogly]

The right hon. Lady came to see me with members of her local authorities, and she spoke strongly in support of her court—I recognise that—as did members of her visiting delegation. However, that court has a low utilisation rate, and a building and facilities that are not adequate. The court is going to be closed because of those factors, as well as its close proximity—about half a mile—to Manchester City magistrates court, which can import the work. I am afraid that it is that close—1,000 paces to one of the finest magistrates courts in England and Wales.

[Heather Wheeler (South Derbyshire) (Con)]

I wrote to the Minister at the time regarding the potential closure in Burton. People in South Derbyshire go there, and it takes much more than an hour to get to Derby. There is no way on God’s earth that we can get to Newcastle-under-Lyme, so would he be kind enough to arrange a meeting to look at our plan B in South Derbyshire, for a new civic centre that can take over such work?

[Mr Djanogly]

My hon. Friend the Member for Burton (Andrew Griffiths) secured an Adjournment debate in July, and I think he accepted the need to make savings, but urged Ministers to consider the wider impacts. There is a high density of county courts in Staffordshire and west Mercia. Burton sat for 199 days in 2009-10, and there are no members of the judiciary based permanently at the court. Although facilities are adequate, closure would mean that Her Majesty’s Courts Service would not be liable for an additional investment of around £450,000. None the less, I would of course be delighted to meet my hon. Friend to discuss the matter further.

Police Grant Report

Heather Wheeler Excerpts

Wednesday 14th July 2010 Commons Chamber

[Mr Hanson]

Unlike the Minister, I believe that it is important that people know their rights, know what services they can receive, know that the police are on their side, know who to contact in the police, know where their local police officers are situated and know who their local police officer is. I have always believed that the police are a public service. That spending was about ensuring that the public knew those things, so that the public and the police could work in co-operation to reduce crime.

This settlement is wrong and will be damaging—

[Heather Wheeler (South Derbyshire) (Con)]

rose—

[Mr Hanson]

I was going to finish speaking, but I cannot resist the hon. Lady.

[Heather Wheeler]

I am fascinated by the right hon. Gentleman’s latest statement. Surely to goodness we were meant to be seeing the police on the street and going to their police stations. Why on earth did we need £6 million of advertising when £5 million a year was taken from Derbyshire police? If we had had that £5 million, we would have seen the police.

[Mr Hanson]

I look forward to the hon. Lady voting to remove £1.6 million from her police force later. She argues that Derbyshire is underfunded by £5 million, but she is happy to vote through a £1.6 million in-year cut—[Interruption.] That is up to her, but I am sure that the Labour party in her constituency will make that fact known to the residents of the area.

This settlement is wrong and should be opposed. The original settlement was agreed in February, when it was supported by the Liberal Democrats. The House should agree it again today. I will vote against the motion and urge my right hon. and hon. Friends to join me in the Lobby.