Courts Service

Jonathan Djanogly Excerpts

Wednesday 14th July 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

This has been a full debate, with many hon. Members speaking with passion for their constituencies and, indeed, for the courts in their constituencies. I thank the hon. Member for Ceredigion (Mr Williams) for not only initiating the debate, but broadening the scope of the discussion to the whole Courts Service, rather than just focusing on the courts in his constituency. That is helpful in allowing me to set out the wider position, although I recognise that the number of hon. Members from Welsh constituencies who have attended the debate is significant.

I will set out the Government’s position on the court reform proposals and discuss the reasoning behind the proposed reorganisation of court provision in England and Wales. In my new role, I have taken the opportunity to visit courts and I have been very impressed by all I have seen so far. It is evident that courts are run by a dedicated partnership of Her Majesty’s Courts Service staff and judiciary. I am personally committed to continuing to support their contribution to justice.

What has also been clear in my first few weeks in office is the country’s economic position and the immediate need to take action to address the structural deficit. The hon. Member for Garston and Halewood (Maria Eagle) compared the previous Government’s 20 closures in five years with our consultation on a much larger proposed closure programme. She will appreciate that the deficit is somewhat larger now, which, as she recognised, requires that we get better value for the money we spend.

Following the emergency Budget, my right hon. Friend the Lord Chancellor outlined our plans to consult on the closure of a number of courts, and to seek wider views on how court services could be modernised. That is one strand of the Ministry of Justice’s plans to look critically and holistically at how we deliver justice and to think about how we continue to deliver those critical services in the future. We have also announced plans to look at sentencing and legal aid. I am committed to consulting on the proposals, and to considering broader ways to improve and reform the Courts Service, which is why I welcome this debate. However, I say to the hon. Lady that we consider the consultation period to be adequate in the circumstances.

The decision to consult on the closure of courts was not taken lightly or in isolation. I wish I could say to the hon. Lady that the savings would be adequate to meet Treasury requirements, which I think was a point she made. However, that is sadly not the case. It would be wrong to tie the number of courts that finally close after consultation to overall savings requirements. We know we cannot deliver the quality of facilities that the public rightly expect and deserve, because we are working out of too many courts.

A low utilisation rate of only 65% across England and Wales in the magistrates courts and an average of only 130 sitting days per year—compared with a target of 200 sitting days—in the county courts shows that we do not need the number of courts we have. Recent improvements in transport and communication links mean that people can travel further in less time if they need to and more can be done to access justice online and via the telephone. That reduces the circumstances in which a visit to court would be necessary.

[Maria Eagle]

Does the Minister accept that such under-utilisation is because of a fall in crime of more than a third during the last period of the Labour Government?

[Mr Djanogly]

There are a large number of issues. I will come to some of them, but if I give way frequently, there is no way I will get through the points made today. We need to focus on delivering more with less, and on ensuring that we are delivering value for taxpayers’ money. When HMCS owns, manages and pays for a court building, it is my responsibility to show that it is cost-effective. It is right to set a minimum utilisation rate of 80% across each local justice area so that local courts and magistrates can make local decisions about where work should go.

The court reform consultation seeks views on proposals to close 103 magistrates courts and 54 county courts that are underused and/or have inadequate facilities. The consultation lasts until 15 September and all responses will be fully considered before a decision is made. The consultation sets out a sustainable arrangement of court services across England and Wales to meet the needs of local communities, and allows us to deliver services in the most efficient way. The proposals will achieve running-cost savings of some £15.3 million per year, as well as enabling us to avoid a backlog of some £21.5 million of maintenance costs. A further assessment will be necessary of the level of savings that could be achieved and the potential value that could be released from the disposal of properties.

Local justice is important. We need to think about what that means for today’s society, and I welcome responses to the consultation. People should not have to make unreasonably long journeys to reach a court. The vast majority of the public should be able to access a court within an hour’s travel, but proximity to a court should not be the only consideration. We also need to consider utilisation, the maintenance situation, the speed cases are dealt with and the quality of the facilities for court users within a courthouse.

I confirm to the hon. Member for Ceredigion that we are considering how we can enable magistrates to work more effectively. HMCS will work with justices of the peace to rota them to the courts that are most convenient for them. The structure and organisation of our courts has evolved over years. We need to take a step back and think about how we would ideally organise this important public service. We need to make courts available in the areas that need them, but I contend that we simply do not need 530 courts across the country. Instead, we must focus on ensuring that our courts are multi-functional and able to deal with all the work quickly and effectively.

In recent years, we have seen a dramatic reduction in cases that need to go before magistrates and county courts. In answer to the hon. Member for Garston and Halewood, in magistrates courts that has happened in part thanks to the increased speed and efficiency at which the magistracy process works, allowing a reduction in the time taken between charge and disposal, and a dramatic reduction in the number of unnecessary intermediate hearings. However, we also know that more defendants are pleading guilty at the first hearing, and that certain types of case no longer need a judicial hearing, such as low-level nuisance offending and licensing cases.

It may help the hon. Lady if I mention some figures that illustrate that trend. Cases commenced in the magistrates courts fell by 33% between 2004 and 2009. In 2009-10, 33 magistrates courts sat for less than 33% of their total available hours, and 55 courts sat for less than 50% of their total available hours. Since 2007, the number of hearings per case has fallen by more than 20% to 2.26 hearings per case in 2009-10. So in five years, there has been an overall reduction in the magistrates work load of around a third. In turn, that has resulted in the magistrates court estate being utilised at an average of only around 65%. In county courts, reductions in work load stem from the wider availability of alternatives to court, such as the range of alternative ways of resolving disputes. If people can be spared the inconvenience and, for some, the stress of attending court for routine matters that do not need to go before a judge, we should do all we can to open up alternatives for them.

I turn to the matters relating to the constituency of the hon. Member for Ceredigion and the proposal to close Cardigan magistrates court. He will have a fuller answer than other hon. Members, because he initiated the debate. However, if other Members wish to know more, they can write to me later.

If Cardigan magistrates court were to close, the work would mainly transfer to Aberystwyth magistrates court. Merging the Ceredigion and Pembrokeshire local justice areas, as is also proposed, would allow cases to be heard at Haverfordwest magistrates court. I am aware that the utilisation rate of Cardigan magistrates court is extremely low—just 22%—which is in part because of the lack of custody facilities at the court. That has resulted in a much reduced variety of work being heard there.

Let me make the situation clear. The utilisation rate across the whole Dyfed Powys criminal justice board area is just 47%, which means that there is a general over-supply of courtrooms and little justification to spend additional money on new facilities and courts in the area. If Cardigan magistrates court were to close, the hon. Gentleman is understandably concerned about the difficulty his residents and people who live in the surrounding area would face in travelling to court elsewhere.

The hon. Gentleman made the case generally for west Wales. He should advise the consultation of his concerns, which will be listened to and considered in the consultation’s impact assessment. I welcome responses on that and any other concerns about potential impacts.

[Mr Mark Williams]

I am grateful to the Minister for what he has said so far, but I would like to hear a little more about rural-proofing. I was concerned enough about Ceredigion and west Wales, but having heard some of the earlier contributions, I am now even more concerned about the situation in Hexham and in north Wales generally. People will have to travel vast distances, and the public transport system simply does not comply with those needs.

[Mr Djanogly]

Let us consider that travel problem as it relates to the hon. Gentleman’s constituency, which I am sure he wants to hear about. The distance between Cardigan and Aberystwyth is 38 miles, which is about an hour’s drive, or approximately two hours by bus. The distance between Cardigan and Haverfordwest is 29 miles, which is a drive of around 48 minutes or a bus journey of approximately one hour and 15 minutes. I accept the point that those distances are measured from the current court and that some of his constituents will have longer journeys.

However, by merging the Pembrokeshire and Ceredigion local justice areas, it should be possible to be more flexible and effective and to have fewer cases, with the location of victims, witnesses and defendants in mind. For example, HMCS could work with the police to ensure that cases originating south of Cardigan are heard at Haverfordwest and that those originating north of Cardigan are heard in Aberystwyth. However, when discussing travelling distances and times we must bear in mind that people in the surrounding area often have their own transport arrangements for other purposes. In any case—I say this in reply also to my hon. Friend the Member for South West Wiltshire (Dr Murrison)—most members of the public will need magistrates court services pretty infrequently in the course of their lives.

The hon. Member for Ceredigion referred to the redevelopment of the court at Aberystwyth, which I realise is of as great interest to him as the potential closure of the court at Cardigan. Although work from Cardigan could now easily be absorbed at Aberystwyth, he will be aware that HMCS plans to build a new court at Aberystwyth. Nothing would please me more than to give him greater certainty about the future of that project, but he will appreciate that I am unable to do so at the moment. It is within the HMCS portfolio of major building projects and is at the final business case stage, but as the proposed construction will run into 2011-12, the project will need to be assessed by the Treasury in the spending review process.

The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) referred in his speech to the magistrates court at Ammanford, and I assure him that we have given thought to its inclusion in the proposals. There are two courts in his constituency on whose closure we are consulting—Ammanford and Llandovery magistrates courts. If closed, it is envisaged that work from those courts would be transferred to Llanelli and Carmarthen magistrates courts, but no decisions will be made on work load transfer until the consultation responses have been considered and the Secretary of State has decided which courts will close.

My hon. Friend the Member for Brigg and Goole (Andrew Percy) today made his second passionate speech in defence of his local courts, and I agree with him. He will wish to make his further findings known to the consultation.

I will write to the hon. Member for Vale of Clwyd (Chris Ruane) to respond to his numerous questions, but I can assure him now that in our view the consultation period is adequate. The hon. Member for Dwyfor Meirionnydd (Mr Llwyd) has much court experience, and he spoke strongly about the courts in his constituency being consulted about closure. I assure him that access to justice is relevant to the consultation, but good, efficient and timely justice is not necessarily a question of bricks and mortar.

We need fresh thinking on the wider question of access to justice. We need to consider whether the ideas of the past about needing a court in every town are relevant today, or whether, as with almost every other aspect of modern life, things can be done differently. We need to embrace innovation and technology to ensure better access to justice and meet the needs of modern society. We are already doing much to improve the service experienced by witnesses, defendants and other users of the courts. We have increased access to online and telephone services; currently, 70% of money claims and the vast majority of possession actions in the county courts are issued centrally via electronic channels. People can pay fines online for driving infringements or for not paying their TV licence fee on time. They can also pay off debts or court fees online using a wide variety of methods.

I am not sure how much time I have remaining, given the suspension.

[Mr Jim Hood (in the Chair)]

Less than one minute.

[Mr Djanogly]

My hon. Friend the Member for South West Wiltshire spoke up for his court in Trowbridge, which I understand is—

[Mr Jim Hood (in the Chair)]

Order. We must move on to the next debate.

Sarika Singh

Jonathan Djanogly Excerpts

Tuesday 13th July 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

I congratulate the right hon. Member for Cynon Valley (Ann Clwyd) on securing this debate on a matter that I am sure will be of interest to many hon. Members because of its wider impact. I thank her for working with the Justice Department in preparation for the debate and would like to say up front how much I admire her determination in this case to seek transparency from a public body as provided for by the law.

The Government are committed to enhancing transparency, as was made clear by the coalition agreement. We are already making available a wide range of information in line with the agreement. For example, the Treasury’s combined online information system, or COINS, database on UK Government expenditure, which was provided by Government Departments, has been published at www.data.gov.uk. The website also has information about special advisers working in Government Departments, as well as the numbers of staff, consultants, contractors and agency staff working in Departments, agencies and non-departmental public bodies.

That is just the start. Much more information will be made available over the coming weeks and months to increase transparency and accountability in the public sector. Of course, proactively making information available forms just one part of our commitment. Ensuring the effective operation of the Freedom of Information Act is also key to transparent and accountable government. It is vital that the public be able to request information that is of interest to them directly from public authorities, and that that is provided where it is in the public interest to do so. But the buck does not stop with the public authority. It is equally important that the Act be enforced in a robust and timely manner by the Information Commissioner. The same applies in relation to the other legislation that the commissioner has responsibility for, such as the Data Protection Act 1998.

The issue of robust and timely regulation is the focus of this debate. The right hon. Lady is right to be alert to the challenges that continue to be posed by the maintenance of a robust and efficient FOI regime. However, I hope that she will understand that it would be inappropriate for me to comment on the specific case at the heart of this debate, as it is ongoing and is the subject of an appeal to the First-Tier Tribunal General Regulatory Chamber.

The right hon. Lady has made plain her feelings about the situation. She is correct to identify delays in processing requests at the Information Commissioner’s Office, which were highlighted in the report published in July 2009 by the Campaign for Freedom of Information, as she mentioned. She also noted that the original information notice was wrongly issued due to ICO error, but that she has received an apology from the ICO in relation to that.

The CFI report highlighted a catalogue of delays based on an analysis of almost 500 decision notices issued by the Information Commissioner’s Office between 1 October 2007 and 31 March 2009. The report calculated that it took an average of 19.7 months to issue a decision notice and stated that it took between one and two years to issue a decision notice in 46% of cases. In one quarter of cases, it took between two and three years to issue a decision notice. Although those figures say nothing of the many cases that were resolved informally, without recourse to a decision notice over the period, it was still a pretty damning picture. However, very significant progress has and is still being made to rectify that situation.

The current Information Commissioner, Christopher Graham, took up office in June 2009, just before the Campaign for Freedom of Information published its report. Following his appointment, Mr Graham recognised the impact that the backlog of cases has had on the performance of his office and announced his intention to

“put a shock through the”

FOI

“system”.

The clearance of the backlog of FOI cases was identified as one of his top priorities. I am pleased to say that he has made significant progress in clearing the backlog of old FOI cases that he inherited. In the first three months of 2010 alone, for instance, more than 1,000 cases were closed; the number of cases over one year old was halved; and the average age of cases fell by 34%. Those impressive results have continued. Between 1 April 2009 and 1 April 2010, the number of cases more than two years old fell by 91% and the number of cases more than one year old fell by 72%. That is a very significant achievement, of which Mr Graham and his staff can be justifiably proud, especially in the face of rising demands for the ICO’s services. However, both Mr Graham and the Ministry of Justice recognise that there is no room for complacency. Efforts to maintain and improve the level of performance must be maintained.

The commissioner will publish his annual report tomorrow, as the right hon. Lady said. Although she will understand that I cannot disclose its contents today, I have no doubt that she will be encouraged by the progress that it will show.

The current economic climate is, of course, extremely challenging, but the Government are committed to providing the ICO with the best deal possible to maintain its progress and to fulfil its vital role. I have to say that this is not just about money; it is also about people and expertise. I am sure that the right hon. Lady will be interested to know that three experienced caseworkers have been seconded from central Government, helping to cut through the ICO’s backlog.

The commissioner has made great strides to improve the efficiency of his operation to provide increasing value for money. That is evidenced in the remarkable increase in case clearance that I have just mentioned. The programme of work is holistic and ongoing and includes a fresh look at all processes; the integration of FOI and data protection staff to achieve greater flexibility in the ICO’s resources; the introduction of a triage system for casework; greater emphasis on the informal resolution of cases; the production of more concise decision notices; and increasing the numbers of staff authorised to sign off formal decisions.

Of course, the speed with which requests are dealt with is only one part of the picture. An effective commissioner must have sufficient enforcement powers to hand to perform his role—a point made strongly by the right hon. Lady—including the power to require a public authority to provide him with information through an information notice, and a power to require a public authority to take a particular course of action, through an enforcement notice. The commissioner has stated that he will readily use those powers against public authorities and has increasingly done so. It is worth bearing it in mind that non-compliance with either an information or enforcement notice from the commissioner is a criminal offence. That has been key to ensuring greater compliance from recalcitrant authorities. However, in a democratic society, it is only right that a public authority has a right of appeal against such notices and the FOI Act provides for that.

Sometimes the process can feel frustratingly slow for those trying to access information. The right hon. Lady knows how it feels, as she said during her long description of what she had to go through. I understand that she wanted to put the process on the record so that we can learn from what happened in her situation. However, we should not allow frustration to override the right of public authorities and requesters to challenge decisions where they think they have a right to do so.

Debates such as these prompt us to reconsider whether the ICO’s powers of enforcement and public authorities’ right of appeal are appropriate, fair and balanced. I can assure the right hon. Lady that we will keep returning to the matter, because it is of central importance in ensuring that both individuals and organisations can exercise the rights that we want them to have. Any unnecessary obstacles, such as delays, must be—and are being—tackled to make sure that personal data are protected and that information that should be released is released as quickly and efficiently as possible.

It is important that we continue to support the commissioner, as his work is at the heart of the Government’s transparency agenda. The commissioner will publish his annual report tomorrow and the right hon. Lady will have the opportunity to see it. I am sure that she will be pleased to note the steps that the Government have already taken and will continue to take to make more information available to the public, shedding light on public affairs, from the corridors of Whitehall to the meeting rooms of borough councils and local schools.

The right hon. Lady specifically asked me to say whether the commissioner has enough power to regulate the freedom of information regime effectively. We believe that, as things stand, that is so. The powers are there. The commissioner can issue information notices, which require public authorities to provide the information requested, and can issue enforcement notices that do not require an initial complaint to be made to the ICO. One can technically start off with an enforcement notice straight away, if it is appropriate. It is a criminal offence not to comply with those notices, and if public bodies do not comply the commissioner can refer the matter to the courts to be dealt with as contempt of court.

Under section 49 of the Freedom of Information Act, the commissioner presents annual reports to Parliament, as will happen tomorrow, on the exercising of his functions and can lay further reports as he sees fit. Those reports can raise criticisms of public bodies’ handling of FOI. Furthermore, under schedule 3, if the commissioner reasonably suspects that public bodies are failing to comply with any of the requirements of the Act, he can seek a warrant from a circuit judge, granting the ICO the right to inspect premises, seize information and retain it for as long as necessary, unless it is under cover of legal privilege.

Defendant Anonymity

Jonathan Djanogly Excerpts

Thursday 8th July 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

I agree with the shadow Minister that we have had a good, informed debate, with tremendous contributions from many informed people. It was excellent to hear so many good contributions from new Members on both sides of the House. Generally, the debate has been non-partisan, which, given the subject matter, is healthy.

I congratulate my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) on an excellent and thoughtful maiden speech, which let us in on the lasting effect of his having had a single-sex education. My hon. Friend the Member for Cannock Chase (Mr Burley) made an eloquent maiden speech, and his proposals to beat the fear of crime through a community-led approach were well put. We will forgive him the Simply Red concert last weekend.

The hon. Member for Garston and Halewood (Maria Eagle) made a strong opening speech, but it was sometimes based on proposals that are simply not the Government’s position. She said that we were not saying what the Government’s position is. In response to her, and to the hon. Member for Sheffield, Heeley (Meg Munn) who made the same point, I say that the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), made our position clear in his opening remarks. Let me repeat what he said: we intend to strengthen and formalise the current arrangements for anonymity up to the point of charge in rape cases. We will publish an independent report of existing research on rape before the summer recess, and following the request of the hon. Member for Garston and Halewood, we will consider whether new research is required to supplement it. Obviously, we will make a further announcement in the autumn.

The right hon. Member for Leicester East (Keith Vaz) questioned the independence of the report commissioned. I assure him that the report will be peer-reviewed by two independent, external experts, that their comments will be addressed by the report authors, and that the process will be rigorous.

To be fair, as the hon. Member for Garston and Halewood noted, we set aside a whole day in Government time for this debate. I trust that that leaves the House under no illusions from the outset about the importance with which we regard this issue, our desire to give direction on what is required, and how we will move the issue forward. Hon. Members, not least the hon. Member for Walthamstow (Stella Creasy) and my hon. Friend the Member for South Swindon (Mr Buckland), made many helpful general points on dealing with rape, which were slightly off the specific topic of the debate but none the less helpful.

[Caroline Flint]

I appreciate the time and I appreciate the hon. Gentleman giving way. Am I right in thinking that the Government intend to look at the issue of anonymity with regard to rape only? Clearly, most Members, in all parts of the House, did not want such exclusivity.

[Mr Djanogly]

It will be in regard to rape, pre-charge—that is correct.

[Meg Munn]

Will the hon. Gentleman give way?

[Mr Djanogly]

I will not, because I have little time and I have a lot to do.

I share my hon. Friend the Under-Secretary’s view that our proposal has been somewhat misrepresented. Our position is not anti-women in any way, shape or form. It does not imply any view of the prevalence or otherwise of false allegations. There is no evidence that our position will reduce the likelihood of women reporting rape, as has been suggested. There is considerable evidence that rape is under-reported and that most attrition happens in the pre-charge stages where victims or the police decide not to proceed. The difficulties involved for victims were well explained by the hon. Member for Sheffield, Heeley and my hon. Friend the Member for Totnes (Dr Wollaston). They advised that we must be careful not to create barriers preventing victims from coming forward. The hon. Member for Swansea West (Geraint Davies) and my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) drew attention to the dangers that would result if we got that wrong.

Many Members explained why rape is often not reported to the police. As the hon. Member for Llanelli (Nia Griffith) pointed out, victims may think that the police will not see what happened as rape, they may have a general distrust of the police and criminal justice agencies, or there may be language or communication difficulties. Sometimes there is a fear of disbelief, blame, judgment or further attack, or a fear that friends or family will come to know about the incident. I was pleased that the hon. Member for Sheffield, Heeley and my hon. Friend the Member for Broxtowe (Anna Soubry) noted that rape is not a gender issue. The issue normally comes down to the lack of consent. My hon. Friend the Member for Northampton North (Michael Ellis) elaborated very well on that point, as did the hon. Member for Newcastle upon Tyne Central (Chi Onwurah).

Let me make it clear to the hon. Member for Hampstead and Kilburn (Glenda Jackson) that the Government are not complacent about rape. As she will know, 18% of respondents to a recent London survey of 1,061 people aged 18 to 50 agreed with the statement that most claims of rape are probably not true. That is obviously a matter of great concern, which is why it is so important for the Government to continue to work hard, in partnership with other agencies, to engender a more civilised 21st-century view.

[Glenda Jackson]

Will the Minister give way?

[Mr Djanogly]

I am afraid I cannot.

Let me say to the right hon. Member for Don Valley (Caroline Flint) and the hon. Member for Walthamstow that, as my hon. Friend the Under-Secretary of State told the House earlier, there is no evidence that defendant anonymity would have an adverse impact on reporting. Victims may well be encouraged to come forward by the understanding that the criminal justice system is likely to deal with their complaint effectively and anonymously, but, as my hon. Friend pointed out, it is difficult to understand how a suspect’s or even a charged defendant’s anonymity can have an impact.

A more interesting suggestion relates to anonymity and previous offending by a defendant. Many people claim that defendant anonymity would prevent other victims from coming forward. Research conducted by Feist and others in 2007 suggests that being able to link an assault to another sexual assault against another victim is likely to help to secure a conviction, so the point is important.

There is some anecdotal evidence that publicity surrounding a case has allowed more victims to come forward. The case of John Worboys is most commonly cited in that context, and was indeed cited today by my hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes). It is not clear, however, whether the defendant’s name or the release of other characteristics, such as a suspect’s distinctive modus operandi, is the most important factor. That was mentioned by my hon. Friend the Member for Oxford West and Abingdon and by the hon. Member for Newcastle upon Tyne Central, although I think the latter reached a different conclusion. My hon. Friend the Under-Secretary spoke in detail about the point during an Adjournment debate on 7 June, and I know that he was grateful for the information he subsequently received from the right hon. Member for Don Valley, who spoke today with knowledge about an issue about which she cares very much.

More generally, the overriding impression given by many Members was of the sheer complexity of the subject matter that we have been debating. We heard about the history of anonymity for defendants in rape cases, which goes back well over 30 years. During that period, the legislation has fluctuated between diametrically opposed policy positions, and it has been a talking point over a number of changes of Administration.

As for the scope of anonymity, some Members have said that our proposals are not specific enough, while others—and, in some instances, the same ones—have said that we are wrong to include only rape, and to exclude other offences. What we are doing is delivering on coalition Government promises. The Opposition may not like that, but this is what we promised, and this is what we are going to do. I note that the Home Affairs Committee may now wish to consider the wider issues. We shall be pleased to see its report, and to engage with it and the House on those wider issues.

Anonymity in rape cases is clearly precedented. If other offences are now to be included, we will need to review which ones. We will need to do that very carefully, not least because of the impact the arguments for press freedom will have on the scope. We will want the scope to be as narrow as possible. This is a big area and we will remain open to discussion, but it needs to be put in that context.

The issue of anonymity for rape defendants has been bound up by some with our other coalition commitment that we will give anonymity to teachers accused by pupils. That also has a long and complex history, as was highlighted by my hon. Friend the Member for Oxford West and Abingdon, but we do not necessarily see the two situations as the same. The two commitments we have made will need to be reviewed as stand-alone issues even if their remedy may have certain similar aspects.

I have pointed to the complexity of the historical background, but anonymity also raises some complex legal issues. In the particular context of rape, it is clear that anonymity cannot be invariable and absolute, because there may well be situations in which it should be waived. The obvious example is where a suspect needs to be apprehended, but there are others. My hon. Friend the Member for Broxtowe made a strong case for judicial involvement in waiving anonymity where relevant, and my hon. Friend the Member for Hexham (Guy Opperman) also made some wise observations on publicity. Their experience in this area came to the fore in their valuable contributions.

Another issue was mentioned by my right hon. and learned Friend the Attorney-General during the passage of the Sexual Offences Act 2003. He asked about the situation in which the media want to publicise the fact that public authorities are reluctant to act in a case where action appears justified. Another example could be that where suspects wanted to waive their own anonymity, for example in order to establish an alibi. That would itself generate issues. Should the suspect’s right of waiver be absolute, even if it could result in identifying the complainant in a case? Taking all the above into account, I hope the House understands why we have consistently made it clear that we need to address this subject carefully, keeping our options open until the time is right to made our detailed position known. That approach was clearly right, and remains so.

The hon. Member for Garston and Halewood criticised the coalition Government commitment for containing only a broad statement of principle, but that is what it was—a broad statement of principle. We have now refined it without losing the principle, and we have always been clear that there are various ways in which the commitment could be implemented.

My hon. Friends the Members for Corby (Ms Bagshawe), for Cannock Chase, for Gillingham and Rainham, for Broxtowe, for Hexham and for Oxford West and Abingdon all in their different ways powerfully and appropriately described the real and damaging consequences of false accusation and the importance of presumption of innocence in our law. The theme of false accusation was elaborated on very eloquently by the right hon. Member for Leicester East, who asked if the Government will be carrying out research into false allegations, as called for by Baroness Stern. I can advise him that that is under consideration by the relevant Departments as part of our overall response to Baroness Stern’s review.

The hon. Member for Garston and Halewood mentioned aspects of the previous Government’s record on assisting rape victim support, many of which were very worthy achievements which we hope to develop. She was less forthcoming, however, about the fact that, as my hon. Friend the Member for Bermondsey and Old Southwark noted, after a decade of Labour Government the situation for victims is still very far from what anyone in this Chamber would wish it to be. In that context, I think the Opposition may wish to consider working with us on a consensual basis, rather than adopting an aggressive approach to this serious issue. That is what the public will wish to see, I dare to say. In the meantime, as my hon. Friend the Under-Secretary said earlier, we will continue to investigate those areas that still require further thought, including whether anonymity might frustrate investigations, and any other gaps.

I can assure the hon. Member for Garston and Halewood that we will consult and seek views. However, we do not, as my hon. Friend said, see any case for holding a formal public consultation as we believe that the detailed arguments on the specific issue of rape are very well established.

Let me conclude by saying that the Government—

Motion lapsed (Standing Order No. 9(3))

Court Closures (Yorkshire)

Jonathan Djanogly Excerpts

Wednesday 7th July 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

I thank my hon. Friends the Members for Brigg and Goole (Andrew Percy) and for Selby and Ainsty (Nigel Adams) for contributing to the debate. I compliment them on the quality and sincerity of their defence of their local courts.

I shall set out the Government’s position on the court reform proposals, and provide some details about the courts that currently sit in Goole and Selby. I shall also explain the reasoning behind the inclusion of those courts on the list of possible closures.

In my new role, I have taken the opportunity to visit courts and meet the staff, professional judiciary and magistrates who work hard to deliver justice in communities throughout England and Wales. I have been very impressed by all that I have seen so far. It is evident that courts are run by a dedicated partnership of Her Majesty’s Courts Service staff and judiciary, and I am personally committed to continuing to support their contribution to justice.

What has also been clear in my first few weeks in office is the country’s economic position, and the immediate need to take action to address the structural deficit. Following the emergency Budget, my right hon. and learned Friend the Lord Chancellor outlined our plans to consult on the closure of a number of courts, as well as to seek wider views on how court services could be modernised. That is one strand of the Ministry of Justice’s plans to look critically and holistically at how we deliver justice, and to think about how we continue to deliver those critical services in the future. We have also announced plans to consider sentencing and legal aid.

The decision to consult on the closure of courts was not taken lightly or in isolation. We know we cannot deliver the quality of facilities the public rightly expect and deserve, because we are working out of too many courts. Our low utilisation rate—only 65% across England and Wales—shows that we do not need the number of courts we currently have. Recent improvements in transport and communication links mean that people can travel further in less time if they need to. More can be done to access justice online and via the telephone, which reduces the circumstances in which a visit to court would be necessary.

We need some fresh thinking about the wider issue of access to local justice. We need to consider whether past ideas about needing a court in every town are relevant today or whether—as with almost every other aspect of modern life—things can be done differently, and innovation and technology can be embraced to meet the needs of modern society and ensure better access to justice.

We are already doing a lot to improve the service experienced by witnesses, defendants and other court users. We have increased access to online and telephone services. Currently 70% of money claims, and the vast majority of possession actions are issued centrally via electronic channels. People can pay fines online for driving infringements, or for not paying their TV licence on time. They can also pay off debts or court fees online using a wide variety of methods. We are improving the availability of information provided on the web and over the telephone from dedicated information centres. That will allow front-line staff to focus on people who need to see a judge. We are increasing the use of video link technology between prisons and courts, and piloting video links between police stations and courts.

Whenever possible, we need to support people to explore a variety of dispute resolution routes for family and civil cases. Such routes are better for those involved in cases that can be mediated, as they can avoid unpleasant prolonged and expensive litigation. Such a situation is also better for the courts because it should reduce court time and overall costs.

We are exploring how local communities can support those charged with a minor offence before their criminality escalates. We are working closely with local support agencies and networks to ensure that appropriate help is available for people with multiple underlying problems that drive their offending behaviour.

The court reform consultation seeks views on the proposed closure of 103 magistrates courts and 54 county courts that are underused and have inadequate facilities. It began on 23 June and will run until 15 September. All responses will be fully considered before decisions are made. The consultation will set out a sustainable arrangement of court services across England and Wales to meet the needs of local communities and will allow us to deliver services in the most efficient way. The proposals would achieve savings of £15.3 million a year in running costs and enable us to avoid a maintenance backlog costing £21.5 million. A further assessment will be necessary of the savings that could be achieved and the value that could be released from disposal of the properties. However, I appreciate that those are generalities.

My hon. Friends asked about the two magistrates courts in their constituencies. I have listened to what they have said and will continue to listen to what they and others say during the consultation. The Lord Chancellor’s decision on whether to close Goole and Selby magistrates courts will not be easy; nor will his decisions on the other courts listed in the consultation. Each decision is balanced against several factors, including utilisation, maintenance costs and proximity to other courts. My hon. Friends’ points are valid, but we have to look at each court’s work load in the context of local justice across each area.

Goole magistrates court has a low utilisation rate, as it sits for less than a third of the available time. It sits in a local criminal justice board area whose overall utilisation rate is low, which we consider does not deliver value for money to taxpayers. Given that we know that there is so little demand for a magistrates court in Goole, I find the argument for investing considerable public spending there on backlog maintenance work of around £80,000 difficult to make, especially as Beverley, where the work would move, is only 28 miles away and has ample capacity to take on the additional work.

With regard to the point my hon. Friend the Member for Brigg and Goole made about distance, we consider a one-hour journey by public transport acceptable for travel to court. Not many people are frequent users of magistrates courts. I assure him that we do not propose closing the court in Goole only because of the performance of the court in Beverley, but we must look at utilisation over the whole area.

My hon. Friend asked why we do not close Bridlington magistrates court. The decision was taken by local management and took into account a range of aspects to ensure sufficient capacity in the area, based on the total number of courtrooms in each court.

[Andrew Percy]

On the point about people being within an hour’s journey of the court, the figures I mentioned indicate that it would take at least an hour and 25 minutes to travel by bus from Goole to Beverley, including a change in Hull because there is no direct bus. Incidentally, there is a direct bus service between Bridlington and Beverley, although I do not suggest the closure of Bridlington. The figure of one hour and 25 minutes is a minimum, and the journey time is more likely to be one hour and 39 minutes.

[Mr Djanogly]

My hon. Friend makes a fair and relevant point, which he should submit for consideration in the consultation. The original reason for the location of many courts is that they were intended to be half an hour’s horse ride away from population centres. We thought that a one-hour journey by public transport was probably more in tune with modern thinking. I assure him that we will do our best to provide him with information on running costs and the other statistics he requested. Again, he should advise us in his response to the consultation of any statistics he has.

As Goole is the only magistrates court in the local justice area of Goole and Howdenshire, we propose that the three LJAs should merge to create a single entity for east Yorkshire, covering the whole of the East Riding. Relatively few magistrates sit at the three benches we propose to combine—only 95 in total. Combining the three will provide a pool large enough to facilitate a more efficient listing of work and reduce the amount of administrative work involved. There will also be advantages for magistrates, allowing them more flexibility in sittings and a wider variety of work.

Although Selby magistrates court has good facilities, as my hon. Friend the Member for Selby and Ainsty said, it too is underused, sitting only around 60% of the time available. Like Goole, it sits in a local criminal justice board area that has a low overall utilisation rate. Selby benefits from being located only 15 miles from York, which is capable of absorbing the work from Selby and has good transport links to all parts of west and north Yorkshire, although I believe my hon. Friend questioned that in his earlier remarks. His point was that people in the south of his constituency did not have such good access. I encourage him to make that point in the consultation. I was aware of the refurbishment of the Selby magistrates court, but I believe that there is currently a backlog of maintenance work to the value of about £100,000.

Selby and York local justice areas already have joint panels, so merging the two would simply formalise that arrangement and reap the administrative benefits. I understand that the closure of courts in several communities will concern hon. Members and some of their constituents. I welcome views on the proposal, and they will be taken into account before decisions are made. However, I want to make it clear that I believe that operating out of around 530 court houses is unsustainable and does not offer the taxpayer value for money. I reiterate the point that we need to think more widely than bricks and mortar when considering access to justice; we need to embrace in the justice sector many of the technological advances that we take for granted in our work and social lives.

Another point I will address in the time remaining is the impact the proposals will have on local justice. That important point was picked up in different ways by both my hon. Friends. My answer is that there absolutely will not be an impact on local justice. The Government remain committed to a system in which justice is done and seen to be done in the communities affected by crime. The quality of justice matters equally. It is not assured simply by having a court building in each small town, as populations are more mobile and use more sophisticated communications than ever before. The speed with which cases are decided, the facilities we provide to meet the needs of all court users and the respect for the quality of our justice system must be as important, if not more important, than locality. The involvement of communities in the justice system is absolutely key to that, both as magistrates and assistants. With more than 95% of criminal cases heard by magistrates, there is no doubt about the scale of community involvement in justice. I will continue to support magistrates as the bedrock of our justice system. I have held meetings with magistrates’ associations and individual magistrates, and will continue to do so to prove the Government’s support for the magistracy.

HMCS provided £21,000 of funding in 2009-10 for magistrates in the community scheme run by the Magistrates Association. On community engagement, HMCS works with magistrates and other justice agencies to host regular open days that provide local communities with insight on how justice agencies work together to serve the community, staging mock trials to encourage understanding of the justice system.

We want people to resolve civil disputes more quickly and effectively. County courts, of course, are involved in the proposals as well. Justice does not take place only in court; uncontested money and property disputes can be resolved through our online services, Money Claims Online and Property Claims Online. We are exploring ways of increasing the use of alternative dispute resolution when it can provide more effective and satisfactory solutions than a day in court.

The time is right to take a fresh look at the provision of court services to meet the challenging and changing needs of the justice agencies and society. Work loads are falling in the magistrates courts and court time has been saved by magistrates and court staff working together with increased efficiency. An example is the success of “Criminal justice: simple, speedy, summary”, which speeds up the time from charge to disposal and drastically reduces the need for adjournment. We are developing better ways of delivering justice and will continue to improve them.

Data Protection Legislative Framework

Jonathan Djanogly Excerpts

Tuesday 6th July 2010 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

My right hon. Friend the Minister of State, Ministry of Justice, Lord McNally, has made the following written ministerial statement:

“Today I have issued a call for evidence on current data protection law to help inform the UK’s position on the forthcoming negotiations on a new comprehensive EU instrument for data protection, which are expected to commence in early 2011.

On 18 March 2010 the European Commission announced its intention to produce a proposal which would reform the European Data Protection Directive before the end of 2010. The call for evidence issued by the Government today will ensure that the UK can be fully informed ahead of negotiations on this reform.

The call for evidence seeks evidence about areas of the European Data Protection Directive 95/46/EC and the Data Protection Act 1998 that may be out of date or could be improved, and also those areas that are working well and should be retained. The Government are encouraging as many people as possible to respond to the call for evidence which will last for three months and is due to close on 6 October 2010.

At the same time as launching this call for evidence, the Government are publishing a provisional post-implementation review impact assessment of the Data Protection Act 1998, on which we would also welcome comments. The provisional post-implementation review impact assessment complements the call for evidence and publication of a full impact assessment is planned for the end of 2010.

Copies of the call for evidence paper and the provisional post-implementation review impact assessment will be placed in the Libraries of both Houses and on the Department’s website at www.justice.gov.uk.”

Family Justice Review

Jonathan Djanogly Excerpts

Wednesday 30th June 2010 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

My hon. Friend the Under-Secretary of State for Education, the Minister with responsibility for children and families, the hon. Member for East Worthing and Shoreham (Tim Loughton) and I wish to make the following statement to the House about our plans for a comprehensive review of the family justice system.

My hon. Friend and I have asked David Norgrove to build on his preliminary work in this area to undertake a comprehensive review of the family justice system. This review will examine both public and private law cases. In public law this means looking at how the courts, with other agencies, manage cases involving children and the public care system. In private law this means looking at contact and residence disputes between family members and will include considering how to increase the use of mediation when couples break up, and how best to provide greater access rights to non-resident parents and grandparents.

The review will also examine the processes involved in granting divorces and awarding ancillary relief, but will not extend to the law as it relates to the grounds for divorce or the amounts of ancillary relief that should be awarded.

The terms of reference have set this out in more detail and a copy has been placed in the Libraries of both Houses.

The panel is today launching their call for evidence. The panel wishes to hear from children, families, professionals and representative groups involved in the family justice system. A series of questions have been posed to frame responses; a copy of these questions has been placed in the Libraries of both Houses.

Oral Answers to Questions

Jonathan Djanogly Excerpts

Tuesday 15th June 2010 Commons Chamber

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

4. What recent discussion he has had on reform of libel law.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

We are committed to reviewing the law on defamation to protect free speech, and are currently considering the issues involved. In that context, Lord McNally yesterday met Lord Lester of Herne Hill to discuss his private Member’s Bill on the subject, which was recently introduced in another place.

[Tom Blenkinsop]

I am sure the Minister is aware of the case of Dr Simon Singh, who was famously sued by the British Chiropractic Association for his research. Although the case was unsuccessful, Mr Singh will recover only 70 per cent. of his £200,000 legal costs. Will the Government support Lord Lester’s private Member’s Bill to reform our libel system, which at present stifles scientific research?

[Mr Djanogly]

We are considering Lord Lester’s private Member’s Bill. The issues involved in it are complex and of great breadth, so we will look at it carefully and respond at a later date.

[Caroline Flint (Don Valley) (Lab)]

5. What evidence he took into account in deciding to bring forward proposals to extend anonymity to defendants in rape trials.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

Let me first recognise the hon. Gentleman’s relentless campaigning on compensation for pleural plaques sufferers. I recently answered two written parliamentary questions relating to pleural plaques, and Ministers have received a number of letters from hon. Members and their constituents.

[Mr Hepburn]

I thank the Government for standing by the previous Government’s commitment to compensate past pleural plaques victims, but will the Minister go one step further, as Labour did when in office, and give a commitment that if any new medical evidence comes forward on the condition, the issue will be reopened?

[Mr Djanogly]

The issue was considered extensively in the last Parliament. A public consultation was carried out, and authoritative medical reports were prepared by the chief medical officer and the Industrial Injuries Advisory Council. The Government consider that in the light of that evidence, it would not be appropriate to overturn the House of Lords 2007 judgment that the condition is not compensatable under the civil law of tort. However, of course, if the situation were to change, we would look at it again. If new medical evidence emerges that suggests that the existence of pleural plaques is an actionable cause and that the condition counts as compensatable damage, it will be open to claimants to pursue an action under the law of tort.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

17. What the conviction rate was for cases of rape reported in Liverpool, Wavertree constituency in the last 12 months for which figures are available.

--- Later in debate ---

[David T. C. Davies (Monmouth) (Con)]

T5. A High Court judge, sitting on the board of the Independent Parliamentary Standards Authority, recently told all MPs that they should be treated in exactly the same way as every other public servant. Will the Minister therefore consider publishing the travel and accommodation expenses and allowances of High Court judges so that we can find out whether we are indeed matched pound for pound with their lordships?

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The Lord Chief Justice decided that, from the start of the new legal year in October 2009, the expenses claims of High Court judges and above should be recorded in such a way that they can be attributed to individual judges and published at regular intervals. The first set, covering October to the end of December 2009, was published in March, and the next set, covering January to Easter, is due to be published in July. Figures for the summer term will be published in the autumn.

[Mr Graham Allen (Nottingham North) (Lab)]

T3. May I congratulate the Secretary of State on his appointment? As a fellow Nottinghamshire MP, may I ask him to have a look at a problem that eluded his three predecessors, which is the creation of a community court in the city of Nottingham? People in Nottingham want the community court and people in the communities want it. However, it seems that the legal establishment in Nottingham does not want a community court. Will he use his good offices to make that wish come true in an area that is, as he knows, fighting crime very well?

--- Later in debate ---

[Mr David Evennett (Bexleyheath and Crayford) (Con)]

T10. What is the legal aid funding allocation per head in England and Wales, and how does it compare with legal aid funding in other countries?

[Mr Djanogly]

England and Wales have by far the most generous legal aid provision in the whole world. For example, Spain spends £2.55 a head, France spends £3.31, and Germany spends £4.69. Countries with a similar system, such as New Zealand, spend on average £8 a head, compared with £38 a head in England and Wales.

[John Cryer (Leyton and Wanstead) (Lab)]

On the issue of pleural plaques, when does the Minister expect to make the first payments under the new compensation scheme?

[Mr Djanogly]

The mechanics of the scheme are being consulted on, and we hope to start making payments towards the end of this month.

[Chris Bryant (Rhondda) (Lab)]

In his capacity as the new anti-corruption tsar, will the Justice Secretary have a word with Andy Coulson? Andy Coulson and Rebekah Wade both admitted that they had paid police officers for information when running newspapers. They paid police officers; that is suborning a police officer. Will the Justice Secretary institute a review of the process whereby newspapers sometimes pay for information from police officers, and put a stop to it?