Oral Answers to Questions

Lucy Frazer Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Derek Thomas (St Ives) (Con)]

3. What steps he is taking to ensure that legal aid is available to people who are entitled to that aid.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

The provision of legal aid to support the most vulnerable is an important part of our justice system. We spend £1.6 billion a year on legal aid, which is more than a fifth of the Ministry of Justice’s budget. In terms of accessing legal aid, there is an online tool at gov.uk to help people to check their entitlement to it.

[Derek Thomas]

I welcome that answer, but people in my constituency in west Cornwall find it hard to access the legal aid that they are entitled to. In fact, there is only one office there that holds a legal aid contract, and it deals only with family law. Will the Department assess how the changes in legal aid funding have affected rural people, and consider measures to address the shortage?

[Lucy Frazer]

Maintaining access to justice is extremely important, which is why the Legal Aid Agency regularly reviews the capacity of the legal aid market to cope with demand and takes action when regional shortfalls develop. Those in need of urgent advice in Cornwall and elsewhere can always use the civil legal aid specialist telephone service. In autumn 2017, the Legal Aid Agency began national tendering for new civil contracts to start in autumn 2018.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I have received hundreds of emails from people in my constituency who face eviction, live in overcrowded conditions or rent properties that are in dire need of repair. Does the Minister agree that early legal advice in housing matters needs to be restored urgently, and that it is unacceptable that large parts of the country have no housing legal aid providers at all?

[Lucy Frazer]

As the hon. Lady will know, the previous Lord Chancellor committed to a review of legal aid later this year, and I also commit to reviewing the situation later this year. Legal aid for housing is always available and can be accessed through the telephone gateway.

[Yasmin Qureshi (Bolton South East) (Lab)]

Judicial review is a key tool for ordinary people to challenge unjust and unlawful decisions by the state and other public bodies. Deep cuts to legal aid have undermined that ability, so will the Minister commit to reviewing legal aid funding for judicial review in the Government’s forthcoming legal aid review?

[Lucy Frazer]

As I have already mentioned, a legal aid review is taking place later this year. As a matter of principle, legal aid is available for judicial review in certain circumstances when certain conditions are met.

[Iain Stewart (Milton Keynes South) (Con)]

5. What recent assessment he has made of standards at Oakhill secure training centre in Milton Keynes.

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[Andrew Lewer (Northampton South) (Con)]

14. What steps his Department is taking to improve the court experience for people who work in the justice system.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

The Ministry of Justice has plans for a £1 billion modernisation programme for the courts. This will streamline and simplify processes using technology, helping those who work in the courts and those who use them.

[Andrew Lewer]

Will the Minister give an assessment of the Department’s recent work in improving the performance of the alternative dispute resolution scheme, which is intended to help consumers resolve disputes with traders but also to ease the volume of work in the courtroom?

[Lucy Frazer]

My hon. Friend is right to highlight the importance and value of alternative dispute resolutions. Her Majesty’s Courts and Tribunals Service already runs a small claims mediation service to help parties resolve claims worth under £10,000 before a hearing. We are also working to offer an online mediation service for those who begin their claims online.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Under this Government hundreds of courts have closed, and I now see that Fleetwood court is on the latest consultation list. How do these court closures contribute to a positive experience for “those who work in the courts and those who use them”?

[Lucy Frazer]

Last year, nationally, court and tribunal services were used at only 58% of their available hearing capacity. Moreover, as I have outlined, we are planning to spend £1 billion on modernising the courts service by using technology to put some processes online and employ video evidence more effectively. In those circumstances, it is appropriate to consider the best use of the money that we spend on the legal services system, as we are doing through a consultation that will include the hon. Lady’s local magistrates court. We will listen closely. It is important to remember, however, that all the money saved through any court closures will be put back into the justice system, making sure that it works effectively for everybody in it.

[Priti Patel (Witham) (Con)]

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

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[Paul Blomfield (Sheffield Central) (Lab)]

T3. In my recent community consultation, real concern was expressed about the lack of access to legal aid, particularly for employment, housing and welfare cases. In an earlier exchange, the Under-Secretary of State, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer) failed to acknowledge that, since the 2012 changes, there has been a 75% fall in the number of civil legal aid cases. With the Department facing cuts of £800 million, how confident is the Minister that the review she mentioned earlier will provide the access to justice that is currently being denied to hundreds of thousands of the most vulnerable?

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is very important that those who are most vulnerable get access to legal aid, and legal aid is available for those who are in need at the most critical moments in their life. The hon. Gentleman mentioned housing, and legal aid is available where there is homelessness or where disrepairs to the home seriously threaten an individual’s life or health. We are reviewing legal aid, and we will update the House accordingly.

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[Mr Philip Dunne (Ludlow) (Con)]

I was pleased, along with other Shropshire and Telford MPs, to see last Friday that Telford magistrates court was not included in the list of courts to be consulted on, but will the Minister meet me and other Shropshire MPs to understand how important it is to retain the last magistrates court in our county?

[Lucy Frazer]

I would be very happy to meet my hon. Friend and other MPs from the area. There are two consultations taking place: one in relation to eight specific court closures, and a wider consultation on the future of our courts. I encourage my hon. Friend to participate in that, and to highlight any concerns he has about his local area or nationally.

[Mary Glindon (North Tyneside) (Lab)]

T7. Can the Minister tell the House why Her Majesty’s Courts and Tribunals Service is paying more than £30 million to PwC consultants for a digital court system that has not been subject to democratic processes, and is not backed by evidence that it will improve access to justice?

[Lucy Frazer]

As I have outlined, there is a £1 billion modernisation programme, which is very complex and which we need to get right. It involves a number of aspects that need scrutiny. PwC is replacing a number of smaller providers and fulfilling an important service.

[Robert Neill (Bromley and Chislehurst) (Con)]

Recent reports by Her Majesty’s inspectorate of prisons reveal a consistent failure by the Prison Service to act on recommendations made by the inspector in previous reports. Does the Minister agree that compliance with inspectorate reports should be the norm, rather than the exception?

[Stephen Lloyd (Eastbourne) (LD)]

T9. Following the recent round of court closures, the MOJ committed to ensuring that there was adequate alternative provision after closing Eastbourne courts. That has not happened, despite the Courts and Tribunals Service saying that it had. Will the Minister agree to meet me and legal representatives from Eastbourne to resolve this wholly unsatisfactory situation?

[Lucy Frazer]

I would be very happy to meet the hon. Gentleman to discuss that issue.

[Mr Philip Hollobone (Kettering) (Con)]

Pakistani nationals make up one of the largest national groups in our prisons, but the prisoner transfer agreement with Pakistan has been suspended for the last eight years. As a matter of urgency, can we get it up and running again?

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[Paul Scully (Sutton and Cheam) (Con)]

It is good to hear the Minister offer to speak to Members around the House about the courts in their patch. When she does so, will she explain to them about modernisation and digitisation, and how those changes may improve access to courts?

[Lucy Frazer]

My hon. Friend makes an important point. First, this is a consultation, and I am very happy to engage with any colleagues who would like to discuss it, because we are listening. Secondly, the future of our courts is exciting, and transformation will take place through technology. Interestingly, in a document entitled “Transforming Our Justice System”, the then Lord Chief Justice, the then Lord Chancellor and the Senior President of Tribunals highlighted the fact that as our courts and tribunals are modernised, we will need fewer buildings.

[Daniel Zeichner (Cambridge) (Lab)]

I congratulate the hon. and learned Lady, my neighbour, on her appointment. She will have noticed the very strong and universally hostile reaction in Cambridge and Cambridgeshire to her plans to close the magistrates court. Can she reassure us that local people will be properly listened to, and better still, will she withdraw those plans today?

[Lucy Frazer]

As I have highlighted, these plans take place within the context of a £1 billion modernisation of the court system, and in circumstances where, nationally, courts and tribunal services are not used at capacity. As I have said, I will listen properly in the court closures consultation, although the Lord Chancellor will make the ultimate decision. I would like to point out that five sites identified in the last consultation on court closures remain open following the review. When strong cases are made, we will listen.

[Andrew Selous (South West Bedfordshire) (Con)]

When a prisoner is released, they are not even at base camp in their rehabilitation unless they have accommodation. Some local authorities actively discriminate against ex-offenders—for example, by claiming that they have no local connection because they have been sent to a prison a long way away. Fairness is what is required. Will the Minister challenge that behaviour with his counterparts in the Ministry of Housing, Communities and Local Government?

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[Rachael Maskell (York Central) (Lab/Co-op)]

Some women in York have been taken to the family courts on multiple occasions by former partners. This process is clearly being used as a form of emotional abuse, and is highly costly to constituents and the state. What steps is the Minister taking to recognise court abuse, and what actions will she take now?

[Lucy Frazer]

Using the court process to further any abuse is completely unacceptable, particularly in relation to domestic abuse. The court can already take actions if it thinks that there is abuse of process, by restricting litigants’ ability to continue with further applications and further claims. New family court rules were introduced in November to make sure that vulnerable court users get the support they need in courtrooms.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Individuals with autism spectrum disorder are some of the most vulnerable inmates in prison and are often subject to bullying, abuse and victimisation, with high rates of suicide. What progress is being made on autism accreditation in prisons?