Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Kevin Hollinrake Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

[Yasmin Qureshi]

My hon. Friend is spot on. That is one of our concerns about the Government’s proposals.

We need a process that requires transparent and public scrutiny in this House of the scope of future delegated powers. The safeguards the Opposition seek on the powers created by the Bill are not unreasonable and would not interfere with the notion of reasonable delegation of non-contentious administrative functions; they simply press for further oversight and accountability.

Our amendments providing that the authorised persons must be solicitors, barristers or chartered legal executives with more than three years’ post-qualification experience have been recommended and drafted by the Law Society and are supported by the Bar Council. In other words, all the practitioners in the country are supporting and asking for these changes, and I ask the Government, even at this late stage, to consider adopting them. In the circumstance, we believe them to be the minimal ask of the Government. It is a lower qualification threshold than what is currently required of pupil supervisors, or indeed of solicitors, to supervise an office.

It is worth remembering that authorised staff are not subject to the training, experience, ethos and oaths of professional judges, and could be performing judicial functions while also—this is really important—being employed directly by HMCTS. This raises genuine questions of independence.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

We are talking about taxpayers’ money. Does the hon. Lady not accept that where such tasks are routine—say, straightforward case preparation—the people performing them should not need a legal qualification?

[Yasmin Qureshi]

These people will be performing judicial tasks and functions and so will need to be appropriately qualified, which is why we have tabled the amendments.

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[Lucy Frazer]

That is an important point. Our justice system is renowned throughout the world, thanks to its flexibility, which is enabled by the rules committees along with the other measures that allow us to develop our jurisdiction.

The hon. Member for Bolton South East finished by suggesting that we should listen and take the amendments on board, but we have listened and made amendments. We made amendments in the other place to include safeguards and improve the Bill.

[Kevin Hollinrake]

The Minister makes a good point about our duty to the taxpayer. Irrespective of this nation’s financial situation, we always have a responsibility to spend the taxpayers’ money wisely. As she knows, Northallerton magistrates court in my constituency will close. She has put in place some mitigation measures to help people to continue to have access to justice, but will she ensure that those measures are in place before the closure of that court?

[Lucy Frazer]

My hon. Friend and, indeed, Mr Deputy Speaker have campaigned hard about the closure of their local courts, and the dispensing of local justice is important in Northallerton, as it is in Chorley. My hon. Friend makes an important point, because, following campaigning by my hon. Friend and his constituency neighbour, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), we committed not to close the court on the basis that we would do so only when the technology was in place to ensure that we could continue to deliver justice. We need to move with the times, but we must also ensure that people get fair procedures and justice in the tribunals.

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[Lucy Frazer]

That is absolutely right. As a former barrister, I appeared regularly before experienced judges, all of whom were full of integrity, undertaking important roles.

The hon. Member for Bolton South East suggested that all judges need qualifications of some kind. Of course, we have magistrates across the country who are doing outstanding jobs in our justice system. As my hon. Friend the Member for Harborough (Neil O'Brien) mentions, temporary judges, just like full-time judges and judges who operate on a permanent basis, are recruited because of their expertise and skill. They are trained, and they carry out their roles as they should.

[Kevin Hollinrake]

My hon. and learned Friend mentioned the fine work done by magistrates. Is there any way we could relax the requirements in order to increase the number of cases that may be considered by magistrates? I understand that magistrates are the most cost-effective part of the justice system.

[Lucy Frazer]

Magistrates undertake a significant number of roles, and they have vital responsibilities. In fact, they deal with over 95% of all criminal cases, the majority of which are less serious criminal cases, but they are very important. I am pleased recently to have attended the Magistrates Association conference, where I met a number of magistrates who are doing vital work across the country.

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[Kevin Hollinrake]

This is an important point. Will my hon. and learned Friend come on to address not only the human cost if these amendments are accepted, with the potential for people in these roles at the moment to lose those jobs, but the financial costs of making those people redundant and replacing them with qualified people?

[Lucy Frazer]

Yes, those are important points. A large number of people already carry out these important roles and do so very well, and we would like to retain them.

Both the judicial functions that may be carried out by staff and the accompanying qualification requirements will be set out—it is just that they will be set out in the procedure rules, which are made by way of secondary legislation and are therefore subject to parliamentary scrutiny.