Oral Answers to Questions

Helen Grant Excerpts

Tuesday 21st May 2013 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

1. What recent discussions he has had with his Cabinet colleagues on the costs and benefits of his reforms to judicial review.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The impact assessment of 23 April and the Government response to the consultation clarify the costs and benefits of our reforms, which are intended to tackle delays and reduce the burden, while upholding access to justice.

[Caroline Lucas]

Figures published by the Minister’s Department confirm that the proportion of judicial review applications for planning and environmental cases has remained unchanged since 2005. Does she agree that, rather than facing a culture of so-called meritless judicial review applications, what we actually face is a meritless attack on people’s fundamental constitutional rights to challenge unlawful behaviour by public bodies and protect their environment, without a shred of evidence to substantiate the changes she is rolling out?

[Mrs Grant]

I do not agree with the hon. Lady. Judicial review is a critical check on the power of the state—and it will remain so—but it is also subject to abuse, stifling innovation, frustrating reforms and imposing unnecessary costs on individuals, business and the economy. Our reforms will tackle the burden while maintaining the benefits of the rule of law, access to justice and the right to a fair hearing.

[Mr Julian Brazier (Canterbury) (Con)]

In welcoming my hon. Friend’s remarks, may I urge her to look at other, wider areas where judicial review might be considered to some extent to be supplanting Parliament by interfering with the answerability of Government? I am thinking of some immigration tribunals and areas of the benefits system, where judicial review has been misused.

[Mrs Grant]

This is an area that we will keep under review. I am very happy to take sensible suggestions from my hon. Friend.

[Jeremy Corbyn (Islington North) (Lab)]

How can the Minister possibly claim that these changes are not damaging access to justice, when she knows full well that by reducing the possibility of taking cases to judicial review, public authorities and the Executive cannot be held to account by ordinary citizens? Why is she destroying what is so important in our justice system in this country?

[Mrs Grant]

We believe our proposals strike the right balance. They are proportionate and targeted, and do not restrict access to justice, the rule of law or the right to a fair hearing. Our proposals also encompass a number of safeguards to help vulnerable people.

[Sir Tony Baldry (Banbury) (Con)]

Does my hon. Friend agree with the principle that public power should not be exercised to abrogate fundamental common-law values, at least unless abrogation is required or those concerned are empowered by clear primary legislation? If we have better and clearer primary legislation, we are likely to have less judicial review.

[Mrs Grant]

I agree with my hon. Friend, who makes an astute and sensible point.

[Jason McCartney (Colne Valley) (Con)]

2. What steps he plans to take to reduce the number of offences committed by people on probation.

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[Sheila Gilmore (Edinburgh East) (Lab)]

3. What progress he has made on improving the feedback from tribunal judges to the Department for Work and Pensions on the reasons for overturning employment and support allowance refusal decisions.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The provision of feedback on reasons for tribunals’ decisions is always a matter for the judiciary. As the hon. Lady will be aware, new arrangements for this were put in place in July 2012. Her Majesty’s Courts and Tribunals Service is continuing to work with the judiciary, the Department for Work and Pensions and the other organisations involved to find ways of improving feedback.

[Sheila Gilmore]

The problem is that the feedback mechanism, which involves the use of a drop-down menu, is very brief. For example, the reason given for 40% of the overturned decisions was “cogent oral evidence”. That does not give decision makers in the DWP any real help in understanding how they can make changes that would result in fewer appeals. Surely it is necessary for the Department, which bears the cost of the appeals, to do something about this.

[Mrs Grant]

We are continuing to work hard across Government to improve initial decision making, with the ultimate aim of reducing the number of appeals. A new pilot is being considered, and I will be happy to write to the hon. Lady with details of that.

[Mr Philip Hollobone (Kettering) (Con)]

The waiting times for appeal hearings for employment and support allowance claims are far too long. The waiting time at the Leicester venue is now 40 weeks, which is a complete disgrace. What is the Minister going to do to sort this out?

[Mrs Grant]

My hon. Friend makes a good point. It is important to deal with these cases in a timely manner. National waiting times for ESA appeals are actually down, from 21.5 weeks in December 2011 to 16.7 weeks in December 2012. The figures are even better in Scotland, but of course more needs to be done.

[Chris Bryant (Rhondda) (Lab)]

That is a very good tie, by the way, Mr Speaker.

Does the Minister agree that so many incorrect first decisions having to be overturned by judges not only causes massive grief for the families concerned but incurs significant additional cost to the taxpayer? That is a double whammy. Surely it is time we got this right.

[Mrs Grant]

The judiciary provides feedback, which is being considered. In November 2012, over 60% of appeals allowed by tribunals had reasons for the decisions attached. As I indicated in response to the question before last, we are looking at a new pilot, and I will write to the hon. Member for Edinburgh East (Sheila Gilmore) about it.

[Helen Jones (Warrington North) (Lab)]

The Minister told us earlier about what she views—wrongly in my view—as the exploitation of judicial review. Is it not the case here that poor decisions by Atos are piling work on the tribunals service and therefore costing the public more money? Why does her Department not liaise properly with the Department for Work and Pensions, or is this another case of one arm of the Government not knowing what the other is doing?

[Mrs Grant]

It is the DWP decision makers who make decisions, but I can tell the hon. Lady that many measures are being put in place to increase capacity and reduce waiting times—

[Robert Flello (Stoke-on-Trent South) (Lab)]

Such as?

[Mrs Grant]

The hon. Member for Stoke-on-Trent South (Robert Flello) says “such as” from a sedentary position. Those measures include recruiting more judges, securing additional venues and more Saturday sittings in addition to striving continually to improve original decision making.

[Kate Green (Stretford and Urmston) (Lab)]

4. What the Government’s strategy is on the future of the probation service.

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[Stella Creasy (Walthamstow) (Lab/Co-op)]

20. What the Government’s strategy is for victims of crime.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

For many years victims have felt overlooked and completely unsupported by the criminal justice system. The Government are determined to put that right, which is why we are implementing a range of reforms that will put victims at the very heart of the criminal justice system, which we say is where they belong.

[Stella Creasy]

Today we will hear more about the tragic case of Maria Stubbings and how she was dealt with as a victim of domestic violence. Ministers have acknowledged that delays in our courts system disproportionately affect victims of sexual violence. Will they acknowledge that too many female victims in Britain get a raw deal in our criminal justice system, and what do they intend to do about it?

[Mrs Grant]

I categorically do not agree with what the hon. Lady has said. The Government are absolutely committed to tackling domestic violence and violence against women and girls. We have set up a national taskforce, led by my right hon. Friend the Minister for Policing and Criminal Justice, to protect children and vulnerable people from sexual violence. We have also opted into the EU directive on combating child sexual exploitation and will continue to do everything we possibly can to ensure that vulnerable people are protected from the devastating crimes that can do serious long-term harm.

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

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[Mr Mark Spencer (Sherwood) (Con)]

T9. . What can the Secretary of State do the reverse the increase in the compensation culture in the UK?

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

Our whiplash consultation closed on 8 March. We looked into the use of independent medical review panels and increasing the small claims compensation threshold. A response to the Government’s consultation will be published in autumn this year after the Transport Committee’s inquiry into whiplash.

[Mrs Mary Glindon (North Tyneside) (Lab)]

T2. What plans does the Minister have to monitor the banning of referral fees in personal injury matters and to review the payment of referral fees in conveyancing?