Courts and Tribunals Bill

Debate between Jess Phillips and Neil Shastri-Hurst

Report stage & 3rd reading
Tuesday 13th October 2026 Commons Chamber

[Jess Phillips]

There are so many things in the Bill that I could talk about, but I shall start where my friend, the right hon. Member for the royal town of Sutton Coldfield (Sir Andrew Mitchell), left off; I am from the royal town of Birmingham Yardley. I want to get Members to understand what we are seeking to change and clarify in law. When we are in this Chamber, we do not get sued for the things we say. I can be held accountable for anything I say—I would not say it on X, because I would not go on it—until I walk into this building. Civil action could be taken against me for work that I did leading up to that point. Let me set out what the judgment that the right hon. Gentleman talked about means. In cases in which the police or the Crown Prosecution Service make mistakes, they should of course have immunity covering all the time that leads up to them entering court, as any witness does; but that that immunity cannot cover them against civil action relating to anything that happened in the case. If I had a pound for every time I have seen terrible mistakes made by police officers or the CPS, I could get rid of your backlog—not your backlog, Madam Deputy Speaker, but the nation’s.

I want to be clear about how dangerous the overreach is that results from the Court’s decision to allow that immunity, and will refer to some cases that caused Front Benchers to change the law. These were legal cases taken by victims of rape, domestic abuse and other forms of sexual violence that have changed the law of our land. They were based on civil actions taken by those victims against the police and the CPS, including by Jade Blue, the survivor of rape who waived her anonymity and brought a claim against the CPS after it made an erroneous decision to discontinue the proceedings against her abuser. As a consequence of Jade’s civil action and campaign, and her successful claim against the CPS, the Government rolled out the early victims’ right to review scheme. That was done on the basis of civil action taken by a rape victim, but this could be threatened by this new overreach in the law, and I hope that the Minister will tell us how she intends to sort this out. If we do not allow victims of domestic abuse and sexual violence—or any victim, or anyone who is treated poorly by the police and the CPS—to take civil action, we in this place are missing an opportunity to make better laws. Frankly, if I can be held accountable, coppers and the CPS should be held accountable, too.

I understand that we are awaiting a Supreme Court judgment, but I would be interested to hear what the Front Benchers can say to allay the fears of victims of domestic abuse and sexual violence all over the country. They fear that if, say, their address was wrongly given out, they would have no recourse to civil action, despite the danger they would be put in.

My hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) gave a powerful speech. I worked with Claire Throssell for years. The shadow Minister said that victims groups do not all think the same about the jury part of the Bill; I can tell him that they all think the same thing about the presumption of contact. The fact that the shadow Minister did not even mention that he has tabled an amendment that would genuinely endanger victims of domestic abuse across the country is—I do not know what I am allowed to say—a bit cowardly. He should have stood by his words and argued the case.

As a victim who has been dragged back to court on a completely unmeritorious appeal case by people who stalk me, so that they can get me in another room, I am pleased about the changes in the Bill. In these debates, I often think that this place thinks that the very worst thing that could happen to a person is being accused of rape. I think the worst thing that can happen is to be raped and have no one believe you.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

I draw the House’s attention to the fact that I am a member of the Bar of England and Wales, and my wife is an employment judge. Notwithstanding some noble and commendable elements, particularly in clauses 12 to 17, in totality, I am afraid that this is a bad Bill. It was a bad Bill when it came before the House on Second Reading; it was a bad Bill when it left Committee; and without significant refinement, it will be a bad piece of law, should it come on to the statute books.

This is not the Lord Chancellor’s legislation; he inherited it from his predecessor. It is right to welcome his efforts on the amendment that recognises that clause 3 is unsustainable; it would be churlish not to. He has listened to the legal profession, to this House, and most importantly, to the public, who have raised serious and significant concerns. But I am afraid that the measures do not go far enough. If this Bill is the answer, then the exam question is fundamentally wrong. Nowhere can that be seen more clearly than in clause 6. That is why I am very supportive of amendment 7 in the name of my hon. Friend the Member for Bexhill and Battle (Dr Mullan), which seeks to remove clause 6.

The clause, as we have heard, merely moves the problem from one part of the system to another. It pushes, on a conservative basis, some 25,000 cases into the magistrates court. About 5,500 of those are likely to be trials—and not necessarily straightforward trials; they may take more than a day or two to be heard. We are asking an under-resourced and ill equipped magistrates court to deal with them. That is not the way to deal with the magistrates court backlog, which, in the last year, increased by more than 9.5%.