Heidi Alexander
Main Page: Heidi Alexander (Labour - Swindon South)Department Debates - View all Heidi Alexander's debates with the Ministry of Justice
(2 weeks, 2 days ago)
Commons ChamberWe are funding 106,500 Crown court sitting days this financial year—500 days more than the previous Government originally agreed. To reduce the number of cases that end up at the Crown court, we are also extending magistrates’ sentencing powers to up to 12 months for an individual offence.
It is important that victims of crime have the swift access to justice that they deserve, so I welcome the extra funding from this Government that will lead to more than 106,000 sitting days in Crown courts this financial year. That includes nearly 3,000 in the Crown courts in Kent. Does the Minister agree that dealing with the court backlog left by the Conservatives is essential to make sure that offenders are quickly brought to justice and faith is restored in the criminal justice system?
I agree. This Government inherited a record and rising Crown court backlog. We walked into a criminal justice system on the brink of collapse, with our prisons overflowing and our courts buckling under the weight of demand. While we cannot fix this mess overnight, we will do everything we can to ensure swift justice for victims and to restore faith in the entire system.
I am sure the Minister will acknowledge that the Crown court backlog is caused by a combination of covid and strike action by barristers. Will she outline the steps she will be taking to continue Nightingale court sittings and to improve the quality and number of Crown court judges sitting and able to hear cases?
We are currently operating 18 Nightingale courts in eight different locations, and we continue to recruit to the judiciary. The Conservatives cannot wash their hands of responsibility for the Crown court backlog. It was rising before covid. They closed more than 260 court buildings. They express concern now, but there was scant evidence of that in the 14 years they were in power.
Last week it was reported that the Crown court backlog is 71,000 cases, which could hit 100,000 unless radical action is taken. Some cases have not proceeded at all because of delays, includes those involving victims of serious offences such as rape, reinforcing that justice delayed is justice denied. I welcome the Chancellor’s Budget, confirming the significant financial investment in prison expansion and the Ministry of Justice funding settlement, which will increase Crown court sitting days. Does the Minister believe that the measures will be sufficient to reduce the Crown court backlog to an acceptable level, or does she envisage that further action will be necessary, such as increases to criminal legal aid?
Legal aid is a vital part of the justice system, and it underpins our plans to build a justice system that works fairly for all parties. The previous Government left the civil and criminal legal aid markets in dire straits and facing significant challenges. We intend to publish our response shortly to the “Crime Lower” consultation, which relates to the fees paid to duty solicitors in police stations among other things, and we will follow up on that with our response to the Law Society’s successful judicial review of the previous Government’s decision on criminal legal aid fees.
The Minister has referenced magistrates courts. Cheltenham magistrates court, I regret to inform the House, has backlogs, but also an inappropriate courthouse. It is failing victims, the accused and justices of the peace, and it is not accessible for disabled people. The roof is leaky, and it is generally considered to be in a shocking state of affairs. Will the Minister make a statement on whether there will be investment in magistrates courthouses to ensure that justice can be carried out at the local level?
If the hon. Gentleman writes to me with specific details of the issues in his local magistrates court, I will raise those with His Majesty’s Courts and Tribunals Service. We were successful in securing a £177 million increase in capital spending for the Ministry of Justice in last week’s Budget. That will cover expenditure on prisons and courts.
Legal aid is a vital part of the justice system. It underpins our plans to build a justice system that works for victims, supports access to justice and upholds the rule of law. We are looking carefully at the evidence gathered as part of the review of civil legal aid, which covered issues such as demand, fee levels and the geographic provision of services.
Cuts to legal aid and the narrowing of its scope by the Conservatives have meant that many people are no longer able to resolve their problems through access to early legal advice. That has resulted in legal representation being available only to those who can afford it. Will the Minister consider looking into restoring legal aid to the level it was before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for all areas of civil law, to ensure that justice is made available to all people who can afford it? Will she commit to reviewing the bureaucracy of the Legal Aid Agency, which does not support the needs and capacity of small firms?
My hon. Friend has significant experience of working in the legal aid sector, and she is right to highlight the importance of good quality legal advice to resolving a whole range of social welfare problems. We are looking at how to improve access to early legal advice and support, but she will appreciate the challenging financial outlook that we are grappling with. I will raise the administrative issues in relation to the Legal Aid Agency with its chief executive.
Every week I have people coming to my office who are victims and have no access to money. They deserve justice, and the only way they can get it is with legal aid. What discussions has the Minister had with the Policing and Justice Minister in Northern Ireland to ensure that legal aid available here can also be available in Northern Ireland?
I am grateful to the hon. Gentleman for his question. I have yet to have those conversations with my counterparts in Northern Ireland, but I hope to do so in the coming months.
I have listened carefully to concerns raised about the single justice procedure. As a first step, I have asked the Courts and Tribunals Service to redesign the SJP and make it clearer. I will also call in SJP prosecutors to discuss ways in which we can ensure that they consider the public interest in advance of making prosecutions.
Earlier this year, a decision by the chief magistrate overturned the use of SJP for rail fines, potentially nullifying and requiring the refunding of as many as 74,000 fines. In the past few days it has been reported that LNER has brought similar prosecutions under SJP without supplying any evidence at all. I make no assumption about the guilt or innocence of anyone involved in those prosecutions, but justice must be open, clear and fair. It is unfair to expect people to engage with a process without it being clear what evidence has been laid against them. Will the Minister confirm that her Department will keep those principles at the heart of all our justice practices, including SJPs?
I will raise the evidential questions that my hon. Friend raised with representatives of the train operating companies when they and other SJP prosecutors join me in discussions in the next few weeks. I am clear that the single justice procedure is vital for the efficient running of the magistrates court. However, it must operate fairly and effectively. I will not tolerate poor practice, and I will not hesitate to fundamentally reform the system if that is required.
The register plays an important role in helping lenders assess credit worthiness and enhancing financial transparency. These objectives seek to support vulnerable debtors by encouraging and enabling responsible borrowing. A consultation on including claimant data on the register closed recently. Responses to it were very positive and I hope to announce a way forward imminently.
I am pleased to hear the Minister is moving forward with the next steps following the consultation. I would further like to congratulate the Minister on moving swiftly on this matter, especially as the consultation had been stalled since January. I hope that with care and attention, data protection for claimants will soon be able to be included in the register. Will the Minister also consider other updates to the register, such as recording partial settlements and shifting the burden of proof on debt satisfaction? That would really help my constituents in Swindon.
My hon. Friend raises some interesting points and, as he is, I am always very keen to help people in Swindon. Our focus is on responding to the consultation on including claimant data on the register, which would improve financial inclusion by helping people to resolve judgment debts. Once our response has been published and any reforms regarding claimant data are implemented, we will consider any wider reforms.
The Government have made it clear that we are fully committed to bearing down on the Crown court caseload. To relieve pressure on Ipswich Crown court in particular, the south-east region has begun sending appropriate cases to Cambridge Crown court for hearing. Nationally, we have increased the number of Crown court sitting days to 106,500, which is 500 more than agreed by the previous Lord Chancellor.
An estimated 80,000 disabled young people are unable to benefit from their child trust fund savings, because their families are being thwarted by a complex legal process before they can access them. The previous Government let these families down by tolerating that, so this Government need to act. Will the Minister commit to simplifying this agonising process to ensure that these disabled young people get the cash that they deserve?
This Government recognise the difficulties that parents and guardians of young people who lack mental capacity can face in accessing their child trust fund. I recently met the hon. Member’s colleague, the hon. Member for Horsham (John Milne), and his constituent about this issue. The Government will consider what can be done in a way that safeguards those who lack capacity.
I welcome the commitment in the Budget to our courts after 14 years of neglect. Truro Crown court is facing a temporary cut to Crown court sitting days until the end of the year. I have previously asked about delayed rape and sexual offences cases at Truro Crown court. Can measures be considered to assist?
As my hon. Friend will know, we are doing everything we can to bear down on the Crown court caseload, including extending magistrates’ sentencing powers. The Budget also confirmed 106,500 sitting days for this year.
Earlier this year, I spoke with the now Minister for safeguarding and violence against women and girls, the hon. Member for Birmingham Yardley (Jess Phillips), about my campaign to make court transcripts free. She was supportive, but was not sure that Labour could commit to spending the £2.2 million that it would cost. The Justice Committee has urged the courts to consider whether artificial intelligence-powered transcription could reduce the cost of producing court transcripts. Will the Minister commit to carrying out the Committee’s recommendations before the end of this parliamentary Session?
I understand why the hon. Lady raises that issue, but transcripts must be 100% accurate. They are legal documents, so “good enough” simply does not cut it. I will review what technology is available, and I am happy to keep her updated.
A report from May 2022 showed that only nine of the 32 prison education institutions inspected were judged “good” or “outstanding” by Ofsted; additionally, less than 40% of prisoners took courses up to GCSE level. Does my hon. Friend agree that if we are to tackle rehabilitation, we must improve prison education across the estate?
Some cases are eligible for legal aid under exceptional case funding. If my hon. Friend writes to me with the details of the case, I will come back to him with any advice that I can offer.
As Ministers are doubtless aware, domestic abuse includes financial abuse and coercive control. I have a constituent whose ex-partner is using the family courts to perpetrate his controlling and abusive behaviour against her. What can be done to prevent the legal system from being used as a vehicle for extending domestic abuse by former partners?
There was welcome news for the Ministry of Justice in the Budget last week, but I did not hear any mention of legal aid funding. When will the criminal legal aid advisory board recommendations and the civil legal aid review be published, and when can we expect to see some reversal of the catastrophic cuts made to legal aid and advice since 2010?
We will publish our response to the “Crime Lower” consultation in a matter of weeks. I anticipate being able to publish the CLAAB report at that stage, and some of the documents relating to the review of civil legal aid before the end of this year.