Court Closures

Liz Saville Roberts Excerpts

Thursday 24th March 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing the debate and echo the comments of many colleagues today, especially those made by the hon. Member for Ynys Môn (Albert Owen). This is a particularly significant issue for Wales and for my constituents in what is a largely rural constituency. I want to put on record that I am the co-chair of the justice unions and family courts parliamentary group.

Wales is witnessing a gradual yet steep decline in access to justice. Fifteen courts were closed across Wales during the 2010 to 2015 Parliament, and since the 2015 election a further 14 have either closed or are under discussion today. The closure of Dolgellau magistrates court in my constituency, for example, means that cases will need to be transferred to Caernarfon or Aberystwyth. The issue of inadequate public transport in Wales is well documented, but Members will understand that a journey from Dolgellau to Caernarfon or out of county to Aberystwyth is not simply a matter of waiting for the next bus to turn up. Of course, who would not be concerned at the prospect of defendants and witnesses travelling to court together on the same bus, possibly for a matter of hours? For my constituents in Dwyfor Meirionnydd and many people across Wales, it would become impossible to reach any magistrates court for a 9.30 am start. Closures will also have a severe impact on staff, who face either redundancy or significantly longer journeys to work. Consideration must be given in these circumstances to staff who have caring responsibilities, or to those who are disabled, for whom continued employment could well become untenable.

The Government defend themselves by claiming that courts are underused, but I have been told by credible sources that court cases are being moved to skew the figures and justify closing some courts. If the justification is not the lack of demand, it is the need to save money, which will effectively result in the cost of providing justice being passed from the state on to the individual engaging with the justice system, whether as an offender, a witness or a victim.

In fact, such a transfer of burden is a long-running strategy for the UK Government. Most notable and, arguably, most controversial are the restrictions on legal aid. When Sir Hartley Shawcross opened the Second Reading debate on the Legal Aid and Advice Bill in December 1948, he said that it would

“open the doors of the courts freely to all persons who may wish to avail themselves of British justice without regard to the question of their wealth or ability to pay.”—[Official Report, 15 December 1948; Vol. 459, c. 1221.]

Legal aid was meant to put an end to legal rights being luxuries beyond the reach of ordinary citizens. The UK Government’s restrictions roll back those important steps towards social justice. The new restrictions pass on the cost of justice from the state to the individual and, unfortunately, that means that many people simply cannot afford to access justice, whether their court is within geographical reach or not.

The closure of courts in rural Wales will also have a profound impact on a person’s ability to conduct their business through the medium of Welsh. The consequence of court closures and the reduced availability of legal aid, including the reduction in legal aid contracts awarded to local solicitors, will continue the trend of small independent legal firms becoming unviable and subsequently being forced to relocate or close down altogether. In strong Welsh-speaking parts of Wales, that will make it impossible for residents to access legal services, obtain advice or legal counsel, or conduct their business in the language of their choice—which, I remind the House, is their right.

The Welsh language should be an essential consideration in deciding whether to close courts and I am pleased that the Government belatedly agreed to carry out their duty of completing a Welsh language impact assessment. However, Welsh speakers should not be forced to mount campaigns to ensure that these assessments, which the Government are legally required to carry out, are completed. I regret that it took so long for the Government to do that in this case, although I am glad that it has been done.

Returning to the issue of court access in rural areas, I have a background in teaching through video conferencing. I used to be the director in charge of teaching through video at Grwp Llandrillo Menai and we talked to a number of secondary schools throughout Wales. I have a particular interest, therefore, in efforts to increase access to justice through the use of technology, particularly video technology. Given the swathes of court closures and the particular problems they will cause in rural parts of Wales, allowing hearings to take place remotely might well be welcome.

Technology has great potential if its strengths and weaknesses are properly considered. I note, however, the eight conditions set out by Lord Leveson’s review of efficiency in criminal proceedings in January 2015. He considered those conditions to be prerequisites for remote hearings. The first seems obvious, but is in fact crucial: the equipment used and the audio and visual quality should be of a high standard. Given that the connectivity infrastructure in my constituency, along with that in vast swathes of rural Wales, is even poorer than the transport infrastructure, will the Minister outline what consideration is to be given to the quality and reliability of that infrastructure in those areas where courts are to be closed?

I hope especially that proper attention is given to Lord Leveson’s recommendation that a committee of criminal justice professionals be charged with identifying best practice for hearings conducted via video link, not only to maintain the gravitas of the court environment but, more importantly, to ensure that justice outcomes via communications technology are consistent with those in a conventional face-to-face environment. That is very important; one would be very concerned if the use of different means of communication produced inconsistency of results.

I recognise that there are general and serious concerns around the use of alternative buildings to ensure that access to justice is maintained, even if we may on occasion be able to use video technology. There are particular concerns about the Lord Chief Justice’s suggestion that pubs and hotels could be used; proper consideration must be given to the nature of the issues being discussed and resolved. I am of the view that when concerns about suitability can be tackled, and if certain criteria can be met, the use of alternative public buildings should certainly be considered before the closure and removal of courts to distant locations. In the case of Dolgellau, the Meirionnydd council chamber would require little adaptation, and offers such facilities as parking and translation equipment. It is also nearer the police station, whose cells are used for court purposes when necessary, than the present grade II-listed court building. I strongly urge the Minister to consider that alternative as a physical court location, rather than leave my constituency, which covers 843 square miles and includes eight sizeable towns, with no court facilities whatever.

I remind the Minister that since 2010 the UK Government have already closed 15 courts across Wales, and a further 14 courts are now to close their doors. I urge the Minister to listen to what is said today, and to reconsider the proposal to close these further courts, especially if we can find alternative sites in those areas where public transport militates against defendants, witnesses and victims’ travelling elsewhere with any sort of ease. I would strongly urge that alternative arrangements are made.

I will close by quoting Jeremy Bentham, who in 1795 said:

“The statesman who contributes to put justice out of reach…is an accessory after the fact to every crime”.

--- Later in debate ---

[Mr Vara]

What I can say is that the 10 has now been reduced to nine, and there are offers in place for some of the remaining courts. Others have had genuine difficulties because of joint occupation with other parties. We hope to transfer the remaining courts to the Homes and Communities Agency, which is dealt with by the Department for Communities and Local Government.

The hon. Member for Wakefield (Mary Creagh) spoke about her personal experience. I was sorry, as I am sure were other colleagues, to hear about the assault that had taken place on her. I very much take on board the points she makes about domestic violence. I emphasise that we are improving the system by which witnesses and victims give evidence. At the moment, they have to go to court and go through a terrifying experience. With a video conferencing facility, they can go to a place that is closer to their home and in much more pleasant surroundings, rather than the awesome and austere environment of a court.

I am grateful to my hon. Friend the Member for Hazel Grove (William Wragg) for his comments confirming that this has been a genuine consultation. The hon. Member for Ynys Môn (Albert Owen) made a very powerful speech, raising an important point about digital infrastructure. I take on board what he says. We will certainly be making sure that the infrastructure is in place to support the court reform programme.

My hon. Friend the Member for Torbay (Kevin Foster) spoke about low-level offences, such as TV licence offences. He sought assurances that perhaps they could be dealt with in courts that are closer to the area. Our thinking is that such low-level offences can probably be dealt with online where people plead guilty, which is the majority of cases.

The hon. Member for Dwyfor Meirionnydd gave a very powerful speech, raising concerns about access to justice. I assure her that we are very mindful of rural areas and want to make sure we get this right. My constituency has a rural element to it, so I know where she is coming from.

[Liz Saville Roberts]

The Minister mentioned alternative arrangements for eight courts. Can he provide more detail on that?

[Mr Vara]

The hon. Lady will forgive me if I do not provide detail on the provisions for eight separate courts at the Dispatch Box now, as time is pressing. I am happy to write to her later in more detail and I will certainly do that.

The hon. Member for Hartlepool (Mr Wright), a very good friend of mine, made a passionate speech. He wanted an assurance that justice would not become more stressful. As I said in relation to the comments made by the hon. Member for Wakefield, we hope the experience will be a lot better for people. We hope they will not have to travel as far and that modern technology will assist them in giving evidence in a closer and more convenient location.

The hon. Member for Halifax (Holly Lynch) made a heartfelt speech, in which she referred to technology. I assure her we will deal with the £700 million in a very careful way and make sure we get it right.

The hon. Member for Bermondsey and Old Southwark (Neil Coyle) raised concerns, in particular in relation to his local court. He has been passionate in defending his local court, but the consultation received only three responses about it from his local community. I give him credit for wanting to keep the court open, but the fact that there were three responses speaks for itself. I am pleased that the hon. Member for North Durham (Mr Jones) welcomed the need for reform, and I take on board what he said, but we will have to agree to disagree, as I said.

In conclusion, I thank all hon. Members, particularly the two who secured this debate. This is a major undertaking by the MOJ, and we will do our best to ensure we have a fit-for-purpose justice system. Mr Deputy Speaker, I wish you, hon. Members, the Clerks and, most importantly, all the people who ensure that this place continues to operate, especially the security services, a happy Easter.