Lucy Frazer
Main Page: Lucy Frazer (Conservative - South East Cambridgeshire)Department Debates - View all Lucy Frazer's debates with the Ministry of Justice
(5 years, 9 months ago)
Commons ChamberPeople often come to the courts system when they are at their most vulnerable, and we want to ensure not only that they have a fair system to determine their disputes, but that it is as simple and straightforward as possible. In the family courts, we are making the process not only more simple but less antagonistic. For example, we are making our application processes more straightforward in divorce and child arrangement applications; we are committed to giving the family court the power to prohibit abusers from cross-examining their victims; and we are consulting on taking the requirement of fault out of divorce.
If the courts were to publish clear advice as to what access parents might reasonably expect, fewer of them would perhaps be tempted to litigate, would they not?
As my right hon. Friend implies, every parent who separates wants to continue to have contact with their child. I was pleased to talk about this issue with him and my hon. Friend the Member for North West Leicestershire (Andrew Bridgen). I have taken up their proposal and spoken about it with the president of the family division, as well as with a number of organisations that deal with children and legal representatives in the family courts. I should say that they all have differing perspectives, but we are looking at this matter very closely.
It is now two years since the Government made a commitment to ban perpetrators from cross-examining victims of domestic abuse in family courts, which the Minister has just mentioned, but when will she actually follow through on that and finally act on this issue?
It will be in a Bill as soon as legislation and the parliamentary timetable allow.
Does the Minister agree that the consultation on divorce law reform is an opportunity to look into ways to cause less harm to children of all parents who separate, as well as to strengthen families along the lines of the marriage and relationship support initiative brought in by Lord Mackay?
We in the Ministry of Justice are committed to the institution of marriage and recognise the value that it brings to the children of a marriage, as well as to society as a whole. Our proposals and consultation on divorce are about looking at how to make the process easier when the very difficult decision to divorce has been made. Of course, any measures to strengthen families would be welcome.
Will the Minister outline the steps that have been taken specifically to address the reform of fathers’ rights during divorce proceedings on access to children?
All parents’ rights are incredibly important, but in the family court the heart of every case is the child’s best interests. That is the basis on which judges make their determination. There is a presumption that contact with both mother and father is in the child’s interests, but each case depends on its own facts.
Women’s Aid has long been concerned that although the experiences of victims of domestic abuse are taken seriously in the criminal courts, they are diminished or even ignored in the family courts. That is exactly what is happening to a woman with whom I am in touch, whose spouse is serving time for attempting to murder her. She has been asked to provide pension and bank statements, payslips, proof of the valuation of her home, and even evidence of the medical toll on her health. It is wrong. Will the Minister work with me to change the law to stop those who attempt to murder their spouse reaping any financial benefit?
Domestic violence is a huge issue on which the Government have taken several steps, including by widening the scope of abuse that is caught by the law on coercive control and by the requirements for legal aid. I am pleased to have met the hon. Lady already to discuss the issue that she mentions, and we are looking into it.
As a committed member of the Select Committee on Justice, the hon. Lady knows that we are spending £1.6 billion on legal aid and reviewing the Legal Aid, Sentencing and Punishment of Offenders Act 2012. She raises one of the issues at which we will be looking very closely. I am sure she will be interested to hear that, after the latest legal aid tender, the number of officers providing access to legal aid services has increased by 28% in immigration and asylum, by 188% in welfare benefit and by 7% in housing and debt.
I thank the Minister for her answer, but a Citizens Advice study estimates that, for every pound of legal aid expenditure spent on housing advice, the state potentially saves more than £2, and that savings are even greater for legal advice on debt and benefits. Will she commit to undertake independent research into the savings that the state could make by returning early legal help as a component of legal aid?
The hon. Lady makes an important point. I have looked at that study as I have many other studies that talk about the downstream impacts of the lack of legal help at an early stage. As she will know, we are in the process of a LASPO review. We are looking at these matters, and I am interested that she highlights the need for further independent study.
Citizens advice bureaux do exceptionally important work in providing early advice and assistance, which is invaluable for my constituents. Will my hon. and learned Friend pay tribute to Cheltenham citizens advice bureau for its important work and ensure that it continues to receive the support and assistance that it requires to do it?
My hon. Friend is absolutely right that citizens advice bureaux across the country, including in Cheltenham, as well as many other legal help organisations, help to ensure that the most vulnerable people are getting the support that they need. This week, the Ministry of Justice brought together 200 organisations that help and support people in need to talk to them about what more we and they can do.
Investing in high-quality legal advice for asylum seekers at an early stage is critical if we are not subsequently to waste large amounts of public money supporting failed asylum seekers who perhaps do not have a case, but who have been misadvised. What can the Minister do to assure me that all asylum seekers will get the highest-quality legal advice through legal aid at the earliest stage?
It is important to highlight two things. One is that the Government spend about £100 million on early advice every year. The second is that there is a misconception about what legal aid is and is not available. In fact, legal aid is available for asylum work as well as for non-asylum work, including detention, Special Immigration Appeals Commission, domestic violence and trafficking cases.
Will my hon. and learned Friend expand on the Department’s current review of legal aid reforms and say what representations have been received from the Labour party?
My hon. Friend makes an interesting point. We have received a large number of representations from across the country about what we should be doing in relation to legal aid, and we are looking at them carefully. The Labour party has not put in any representations.
At yesterday’s Sanctuary in Parliament event, we heard about the huge importance of family reunion for refugees, but also about the complexity of the application process. Will the Government support the Refugees (Family Reunion) (No. 2) Bill of my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), and restore legal aid in England and Wales for such applications?
Family reunion is an important issue, and I have met a number of Members to discuss that Bill. As the hon. Gentleman knows, we are looking at legal aid broadly and will set out the consequences of our review by the end of the year.
Of all the cuts to justice, the slashing of legal advice for sick and disabled people who are unfairly denied their benefits is one of the cruellest. We now have a shameful situation whereby people are first denied the financial support to which they are entitled and then must struggle through a difficult appeal without legal advice. This situation is bad enough already, but it will be even tougher under universal credit. Under the Conservatives, legal advice for welfare benefits cases has been cut by 99%. Is the Minister ashamed that sick and disabled people are paying the price for this Government’s ideological cuts agenda, or was that the deliberate intention?
I am not aware of any representations from the Labour party in relation to any provisions that it would make on legal aid funding. This is an important area involving people who are vulnerable and need help. Prior to LASPO, people did not get help at the representation stage of welfare cases—only at the advice stage. We are making a number of changes to make the tribunal process that people go through much simpler and more straightforward.
Let us be clear: legal advice was given to 91,000 people in the year before this Government’s reforms to legal aid. How many was it last year? It was 478 people, not 91,000. Can the Minister honestly tell the House that the need for legal advice has reduced by such a degree, or should we instead conclude that—just as with employment tribunal fees, housing advice, employment advice and immigration advice—the cuts to legal advice for the sick and disabled are really about targeting the weak so that they can enrich the powerful?
As I mentioned earlier, we spend £100 million on legal help and we are improving the tribunals service to enable people to access and liaise with judges to improve their process through the court system.
We laid out our ambition in the policy paper that we produced in August 2017 and again in the most recent White Paper, setting out that we want the closest possible co-operation in civil and family justice matters. We continue to negotiate with the EU on these matters; in the meantime, as a responsible Government, we continue to prepare for no deal.
The UK currently extradites more than 1,000 people a year to the rest of the European Union using the European arrest warrant. Does the Minister accept that withdrawing from the European arrest warrant would make extraditing dangerous criminals from the UK slower and much more bureaucratic?
We are very keen to ensure that we have a good relationship with the EU in relation to security matters going forward. I recently spoke to my Home Office counterpart, who is leading the negotiations on the European arrest warrant. I was pleased to see in the European Council’s negotiating guidelines that:
“The EU stands ready to establish partnerships in areas unrelated to trade, in particular the fight against terrorism and international crime, as well as security, defence and foreign policy.”
Since 2011, more than 760 people have been subject to court proceedings at a Scottish court after being arrested under the European arrest warrant. Will the Minister set out what will happen to schemes such as the European arrest warrant in the event of a no-deal Brexit?
It is both in our interests and the EU’s to ensure that we have a mutual arrangement on these matters that is as good as possible. I look forward to ensuring that we negotiate the best possible deal on this matter going forward.
The recent Scottish Government publication on security and judicial co-operation emphasises the need for Scotland’s separate legal and judicial system to be taken into account during the Brexit negotiation process. Can the Minister give a cast-iron guarantee that any new arrangements between the UK and the EU will respect Scotland’s separate and independent judicial system?
The hon. Lady is right to identify the separate and distinct legal arrangements that we have in Scotland. We negotiate and work very closely with Scotland and the Scottish Government on all these matters. In relation to no deal planning, there is almost weekly contact between my officials and those in the Scottish Government.
Our legal system is respected throughout the world. What steps are being taken to ensure that that continues through Brexit and beyond?
My hon. Friend makes an important point. Although Europe is a key partner for us throughout our services and legal services industries, there is a world beyond Europe. We in the Ministry of Justice are supporting, through our Legal Services are GREAT campaign, the continued work and co-operation of legal services abroad. We have been to Kazakhstan and to Nigeria.
The effect of a no-deal Brexit will obviously range widely, but how it will affect our justice system has not been much reported. Will the Minister assure the House that we are putting in place all the necessary planning for a no-deal Brexit even though we hope that it will not arise?
My hon. Friend is right. As a responsible Government, we are ensuring that we have our preparations in place. We have published two technical notices, one on civil judicial co-operation and one on legal services. We are putting together our statutory instruments to pass to ensure that our legal system continues to work, and we have £17.3 million from the Treasury for no deal preparations.
I can hardly overstate the importance of persistence in bobbing. I say to the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) that to bob once is inadequate. If the hon. Gentleman wishes to participate, he should now bob again.
There are many areas of security and justice where it is important and beneficial to get the best possible arrangement. The European arrest warrant is an important one, and we are negotiating hard to ensure that we get the best possible arrangement going forward.
The former director of Europol, a Brit, has warned that deal or no deal, leaving the EU means that the UK will lose our leadership role in Europol and Eurojust, often both critical for fighting the most serious criminals. How does the Minister believe that leaving the EU will help Britain to bring serious organised criminal gangs to justice?
As I have mentioned, Europol and the European arrest warrant—all these areas where we share data—are incredibly important to us, as they are to the EU. We are one of the largest contributors to security information within the EU. The Home Office leads on these matters, and it is trying to ensure that we get the best possible co-operation going forward.
Contrary to the assurances that the Minister gave to my hon. Friend the Member for Livingston (Hannah Bardell), the process of leaving the European Union has been marred by the UK Government’s consistent failure to consult the Scottish Government or Scotland’s Law Officers about the impact on Scotland’s separate and independent legal system. Can she now give me an assurance that this is not indicative of a plan to use Brexit to undermine Scotland’s independent legal system, which is of course protected by the Act of Union?
We have a devolution Act that sets out very clearly the separate and distinct nature of Scotland. We have almost weekly contact with officials on no deal planning. Paul Candler, who is a director in the MOJ, had a director-level meeting with his colleagues from Scotland and Northern Ireland on 9 November. We are legislating on behalf of Scotland at the Scottish Government’s request and with their permission. We are working very closely with Scotland on a number of SIs. I met the Scottish Law Society chair, Michael Clancy, earlier this year.
It is Government contact I am talking about, not contact with the Law Society, important as that is. The Minister should realise that Scotland’s independent legal system is protected not by devolution, but by the 1707 Act of Union. Scotland’s highest court has made a reference to the Court of Justice of the European Union on the question of whether article 50 is unilaterally revocable, not by the Government, but by this Parliament. The case will be heard on 27 November, but the UK Government are fighting it tooth and nail, even to the extent of attempting an appeal to the Supreme Court, despite the fact that an appeal to the Supreme Court is expressly prohibited in Scots law where there has been a unanimous interlocutory decision of Scotland’s highest court. Can the Minister tell me whether that is part of the plan to undermine Scotland’s separate legal system? How much money are the Government prepared to spend on keeping MPs in the dark about the revocability of article 50?
This Government are committed to the Union and to respecting the distinct Scottish legal system. I am fully aware of the matter before the Supreme Court, and we look forward to its judgment.
Criminal barristers play a fundamental role in ensuring access to justice, often for the most vulnerable in our society. Having already increased their fees by £9 million in April this year, we launched a consultation on a proposal to increase fees by a further £15 million. That consultation has recently closed, and we are carefully considering the responses.
Our justice system depends on proper legal representation. A constituent of mine, a dedicated and experienced barrister, works 15 hours a day, six to seven days a week. Two years ago, he earned £8,000; last year, he struck lucky and earned £26,000. Will the Minister commit to honouring the letter and spirit of the advocates’ graduated fees scheme, and make sure it has an early review?
The Lord Chancellor and I take very seriously the importance of having a system of advocates that represents people, and we value the independent Bar as well as the employed Bar. I met the leaders of the Bar Council last week, as well as the leaders—the chair and the vice-chair—of the Criminal Bar Association to hear their concerns, and we are listening very closely to what they have to say.
I call Chris Evans, for Question 9—not here. Where is the feller? I hope he is not indisposed.
The hon. Lady is right to highlight that we need to protect debtors from aggressive behaviour by enforcement agents. I have read the report that Citizens Advice has released today, and I am aware of the issues. We intend to launch a call for evidence before the end of the year to help to protect even further those in debt.
A constituent of mine, who is disabled and vulnerable, was petrified when she thought she was being burgled: two bailiffs aggressively entered her house without showing any ID, rummaged in her bag and took £240 out of her purse. She was made to pay another £180 on top of that. She only learned afterwards that this was due to a parking fine because her disabled badge was out of date. Given the shocking figures from Citizens Advice, which the Minister referred to, showing that a bailiff breaks the rules every minute, when will the Government urgently review the rules and introduce an independent body to police the rules?
I am very sorry to hear about the hon. Lady’s constituent’s situation. I would be very happy to discuss the individual case, as we look at evidence, following the call for evidence. As I have mentioned, we intend to launch the call for evidence before the end of the year, when we will look at these matters very carefully.
In relation to Question 9, Bishop Rachel of Gloucester has called for short-term prison sentences for women to be replaced with community-based rehab—
That was a very intriguing question on one about bailiffs. This matter is reflected in our female offenders strategy, and I am sure that the Minister responsible, the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), will be very happy to discuss it further with my hon. Friend.
Following on from the question asked by my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) about the experience of her constituent, 2.2 million people contacted by a bailiff in the past two years have experienced the bailiff pushing the legal limits—my hon. Friend’s constituent experienced that—including forced entry into a home, removing goods needed for work and refusing a reasonable payment plan. The 2014 reforms clearly are not working. Does the Minister not agree that it is time to have an independent bailiff regulator to get a grip on these abuses of justice?
I know that the hon. Lady cares deeply about the matters under discussion and was quoted this morning in relation to them. I recently met Peter Tutton, who is head of policy at StepChange. He made the point about independent regulation and we will consider it in due course.
What was the outcome of the review of the implementation of the bailiff reforms?
We reviewed them recently and made a number of proposals to protect vulnerable people. Interestingly, although it criticises enforcement, the Citizens Advice report, which came out this morning, says that the changes we made in 2014 were largely positive.
It is great to have an opportunity to highlight the important role of staff at Her Majesty’s Courts and Tribunals Service. I have recently visited a number of courts, including in Liverpool, Nottingham and Newcastle, and have been impressed by their commitment to justice. Our reforms, which will reduce staffing levels as they modernise the system and which are delivered by our staff, are improving, not diminishing access to justice.
Over the past few weeks I have been participating in the Industry and Parliament Trust’s superb courts and tribunals service parliamentary scheme. The National Audit Office warns that two thirds of the Department’s efficiencies have come from reducing staffing levels. Courts and tribunals staff do an amazing job, but there are simply not enough of them. Will the Minister agree to meet me so that I can pass on my first-hand experience of that excellent scheme, to inform Government policy?
I would be very happy to meet the hon. Gentleman. I am very pleased that he took part in the scheme and that it is excellent. I encourage all other Members to take part in it, too.
Will the Minister provide further detail on how the planned reforms will enable judges to be deployed more effectively?
As my hon. Friend has highlighted, a very effective and efficient measure is in the process of going through Parliament and it will enable judges to be deployed very effectively, to sit in other jurisdictions and to be used in the best possible way.
Whenever we close courts, there is of course always a public consultation, and we always carefully consider the consequences of any closure. However, in circumstances where, in 2016-17, 41% of our courts and tribunals used less than half of their available hearing capacity; where any money from the proceeds of sale is reinvested back into the Courts Service; and where we are reforming our courts with technology and bringing them up to date, we have to ask ourselves whether spending money on physical buildings is always the best use of money in our legal justice system.
I am very interested in considering whether it is appropriate to do that in relation to a particular court. In general terms, it is interesting that although we have closed courts since 2012, the magistracy has diversified slightly, so we still have more women and more black and minority ethnic magistrates than we did in 2012. In relation to the wider justice system and other agencies, I am pleased to have visited recently a police station in Lewisham and a prison in Durham to see how our agencies can work better together, using technology as we progress into the next stage of justice.
We are running very late but I want to hear the voice of Cleethorpes. I call Martin Vickers.
Thank you, Mr Speaker. Like Scunthorpe, there are reports that Grimsby magistrates court, which serves the Cleethorpes area, is under threat of closure, with the possibility of cases being transferred to Hull, which is a round trip of 66 miles. Will the Minister give an absolute assurance that Grimsby is not under threat?
There is a consultation in relation to remand hearings at the moment, but I am happy to confirm that we are not considering closing Grimsby court.
The Conservative decision to cut 2,500 court staff has caused delays for victims and deterioration in the functioning of our courts, but that is just the start; the Conservatives plan to cut many more thousands of court staff in the next few years. Will the Minister commit today to halting those court staff cuts until this House has debated properly the court reform programme, which, to many, looks like a smokescreen for more austerity and which is being driven through without proper debate in this House and with the public?
In the justice system, we are reforming the courts. We are investing £1 billion in that process. That is not austerity. On staff, we are modernising and bringing in technology to make our systems work more effectively. That is in the interests of victims, witnesses and defendants. We are making our court processes much more effective. There are some reductions in staff as a result of that, but we are increasing access to justice.
The MOJ is investing a significant amount in our justice system—£1 billion on reform. The hon. Gentleman makes a number statements. We are currently reviewing legal aid. As I mentioned earlier, we invested £9 million in criminal advocates’ fees in April, and we are in the middle of a consultation and have proposed a further investment of £15 million. We take our responsibility in relation to justice very seriously and are working hard to ensure that we deliver justice in this country.
How do we have a “fair and more progressive” way to pay probate fees, as the Minister put it, when the fees for an estate worth £499,999 have risen from £215 to £750, and those for an estate worth £500,000—just £1 more —will rise to £2,500 for not a jot more work on behalf of the Government? How is that fair?
My hon. Friend, as a former Justice Minister, will know that charging fees is an essential part of funding an effective and modern Courts and Tribunals Service and of ensuring justice. We listened carefully to the concerns that were raised in relation to our previous proposal, and we have significantly reduced the levels. This system will lift 25,000 estates out of paying probate fees at all.