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, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jo Stevens (Cardiff Central) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I believe that the hon. Gentleman is referring to our proposal to raise the small claims limit for employees’ personal injury claims to £2,000. That change is not only in line with inflation, but will give those affected the opportunity to be heard in an uncomplicated, accessible court, without the need for a lawyer if they so choose.
Gerald Jones
I thank the Minister for that answer. Could she inform the House why the Government are avoiding full parliamentary scrutiny by putting the most damaging part of the Civil Liability Bill, which raises the small claims limit, in a statutory instrument, rather than on the face of the Bill, where it could be properly scrutinised by the House?
Lucy Frazer
The Ministry of Justice always ensures that it brings measures to the House in a way that is appropriate for them. Of course this measure will have scrutiny; statutory instrument procedure involves the scrutiny of the House. This measure will ensure that people can access the courts in an accessible way, without the need to spend excessive amounts of money.
Jo Stevens
I refer the House to my entry in the Register of Members’ Financial Interests. I listened carefully to what the Minister just said, but what guarantee can she give us that the civil procedure rule committee will be able to consider the proposed small claims increase, which covers workplace injuries, independent of Government? Why can we not debate the measure on the Floor of the House?
Lucy Frazer
As we see from the questions raised today, there is an opportunity for Members to make points they wish to make. Our Department is always listening, and there will be scrutiny through the statutory instrument procedure in due course.
Sir Desmond Swayne (New Forest West) (Con)
Every time I am foolish enough to turn on the television, there are adverts from lawyers offering free advice on workplace injuries. Surely we cannot be in want of any more such advice.
Lucy Frazer
My right hon. Friend makes an important point. We are here to serve the people, and we are here to serve people who have claims. People can still bring their claims through a very simple process in our courts. I should also mention that the Ministry of Justice has brought forward and is progressing an online system for money claims, which is achieving a great deal of satisfaction among users.
Gloria De Piero (Ashfield) (Lab)
The Government have rightly exempted vulnerable road users from the proposed changes. However, two colleagues—say, two paramedics or two police officers—who are both injured at work on the roads could be treated quite differently, with one able to get legal advice and pay no cost to get compensation, and one having to fight insurers on their own, simply because one was injured on a motorbike and the other in an ambulance or squad car. Rather than hold working people to different standards, can the Government exempt all people injured in the course of their work?
Lucy Frazer
We are concerned about the injury that is suffered, not the person’s profession. As I said, this measure will help people to access courts. The small claims limit for other money claims is £10,000, not £2,000, and people will still be able to get justice.
Matt Western (Warwick and Leamington) (Lab)
David Linden (Glasgow East) (SNP)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
The withdrawal agreement will ensure a smooth and orderly departure from the EU on 29 March. It includes an implementation period until the end of 2020, during which existing civil and commercial judicial co-operation will continue. We have also agreed that the cases started before the end of the implementation period will be concluded under existing EU rules, and subsequent judgments in those cases will be enforced.
David Linden
Police Scotland currently benefits from a strong relationship with other EU partners, such as Europol and Eurojust, which is vital for dealing with the cross-border crime that takes place. What assurances can the Minister give me that Police Scotland will continue to have such direct links after Brexit?
Lucy Frazer
The hon. Gentleman makes an important point about Eurojust and Europol, which are under the direct remit of the Home Office, but we of course work closely with them. I was pleased to see references in the political declaration to mechanisms to ensure that the services and intelligence operations under them will continue.
Robert Neill (Bromley and Chislehurst) (Con)
The Minister will know that the Justice Committee has published two reports that set out some of the key areas that will be put at risk for British legal services, British companies and British citizens if we do not have legal continuity, should we face the regrettable event of a no deal. Is that why, perhaps, the Secretary of State was entirely right to write as he did in the Financial Times the other day?
Lucy Frazer
I know that my hon. Friend, as Chair of the Justice Committee, has done a significant amount of work on this issue, and I have been pleased to respond to a number of debates that raised these important issues. The deal will allow us to continue working closely with the EU, specifically on family matters, which are important to so many citizens. We will continue to press for broader civil jurisdiction arrangements.
Sir Edward Davey (Kingston and Surbiton) (LD)
Can the Minister confirm that the Brexit talks on co-operation on justice and security have not yet been concluded, and that the limited text on justice and security in the political declaration is not legally binding? Can she give the House her best estimate of how long, were the House to vote for the withdrawal agreement, it would take to conclude the specific Brexit talks on justice and security? One year? Two years?
Lucy Frazer
As the right hon. Gentleman will know, the political declaration sets out the framework for the negotiations that will go forward. I would encourage him to read the assessment the Government produced on 28 November on the security partnership, which compares the impact of the criminal justice and law enforcement proposals set out in the political declaration with a no deal scenario.
Mr Philip Hollobone (Kettering) (Con)
At any one time, there are about 5,000 EU nationals in our prisons, yet in the last six years, under the ineffective EU compulsory prisoner transfer agreement, only 217 have been sent back to prison in their own country. Will the Minister ensure that we can deport more EU nationals from our prisons once we leave the European Union?
Lucy Frazer
My hon. Friend makes an important point about prisoner transfer. Since 2010, we have removed more than 44,000 foreign national offenders from our prisons, our immigration removal centres and the community. Of course, the EU prisoner transfer provisions facilitate those arrangements, but we have other measures in place with over 100 other countries to ensure that we can continue prisoner transfers.
Joanna Cherry (Edinburgh South West) (SNP)
The political declaration makes no reference to the Schengen information system database or the European criminal records information system. Both Police Scotland and the Crown Office and Procurator Fiscal Service in Scotland are concerned about that, because both tools are fundamental to fighting and investigating crime. Can the Minister confirm that Scotland will lose access to these measures after Brexit?
Lucy Frazer
As I mentioned, the Prime Minister has made it clear that she is seeking to ensure that the measures that underlay them, and the co-operation within them, will continue as far as possible post Brexit.
I should mention, because the hon. and learned Lady often asks about liaison with the Scottish Government, that I spoke to my counterpart, the Cabinet Secretary for Justice on 29 November, and he reiterated to me how pleased he was with our engagement at official level on the negotiations with the EU.
Richard Burgon (Leeds East) (Lab)
The Government have created a Brexit crisis through their rotten deal, which is abhorred by both sides of the House. While the Prime Minister runs scared of democracy and delays the meaningful vote, Cabinet responsibility has broken down, with Ministers pitching their own plan B or even plotting leadership bids. Planning for future judicial collaboration with Europe is suffering as a result. The Justice Committee says the Government are providing “little detail or certainty” about future judicial co-operation. The Lords EU Justice Sub-Committee warns of a “worrying level of complacency”. When will the Secretary of State pay as much attention to dealing with this problem as he does to problems in his own party?
Lucy Frazer
My Department is making a lot of efforts to ensure we have the right deal. We have received £17 million for EU Brexit preparations. We have over 110 full-time employees, including newly recruited employees, working across deal and no deal. I would say, as the Lord Chancellor said in his FT article at the weekend, that the Conservative party is ensuring the future of our country, whereas the leader of the Labour party is just trying to make political points to ensure a general election.
Nigel Mills (Amber Valley) (Con)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
The Government are simplifying many application processes, making it much easier to initiate proceedings. Once a decision to get divorced has been made, one can now petition for a divorce online. Probate can be applied for online and a money claim can be issued, for up to £10,000, using our online courts process.
Nigel Mills
Will the Minister go a little further and say how she can make it easier for people to participate in proceedings once they have initiated them?
Lucy Frazer
My hon. Friend makes an incredibly important point. It is important not only to be able to initiate proceedings easily, but participate in them. Recently, we had early testing of full video hearings held in a tax tribunal, enabling the applicant and the respondent to not have to travel to court or take any time off work. In fact, Her Majesty’s Revenue and Customs was based in Belfast in those cases and the applicants were elsewhere in the country—and, in one case, in Greece. That small scale evaluation shows that participants found them convenient and easy to understand. They will not be appropriate for every case, but this is technology we need to consider.
Catherine West (Hornsey and Wood Green) (Lab)
The number of litigants in person has shot up. What urgent action is the Ministry of Justice taking to ensure proper representation for people across the board?
Lucy Frazer
Litigants in person do need support through our justice system, which is why, over the past few years, we have spent £6.5 million investing in helping them through the court process. Many of our reforms which form part of our £1 billion programme will make sure that forms are easier, applying to court is easier, getting to court and the whole process is easier for people whether they have a lawyer or not.
Jim Shannon (Strangford) (DUP)
Will the Minister outline any intentions to review the legal aid process, which currently does not allow middle class families to access legal redress due to a lack of ability to pay bills and thereby pay for legal help and assistance?
Lucy Frazer
As the hon. Gentleman will know, we are in the process of an extensive legal aid review, which will look at many aspects and report early in the new year. [Interruption.]
Mr Speaker
I hear the hon. Member for Huddersfield (Mr Sheerman) burbling from a sedentary position about the spirit of Christmas. I call Mr Barry Sheerman.
Mr Speaker
In my experience the hon. Gentleman is interested in every area of every policy in our public life.
Lucy Frazer
I have now heard that phrase three times in debates I have taken part in. The reason various cuts were made in 2010 was the perilous financial situation that our Parliament found itself in. We in the Department are looking extremely carefully at how we deliver justice for people. We are investing £1 billion in our core reform programme, while ensuring we use taxpayers’ money efficiently and well.
Ms Karen Buck (Westminster North) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I am grateful to the hon. Lady, who chairs the all-party group on legal aid and has done a lot of work in this area. We recognise that in some sparsely populated areas it is more difficult to find service providers, but the Legal Aid Agency regularly reviews market capacity to make sure there is adequate provision across the country and moves quickly to fill any gaps that it identifies. At the latest civil legal aid tender, the number of offices providing access to advice increased by 39% for immigration and asylum, by 188% for welfare benefits and by 7% for debt and housing.
Ms Buck
With homelessness up by 70%, with universal credit wreaking absolute havoc on housing costs and with 1 million properties unfit for occupation, why do the new figures reveal that there are 1 million people with no access to a legal aid-provided housing lawyer at all and 15 million people in areas where there is only one provider, raising huge issues of capacity and potentially conflicts of interest? Will the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, when we finally get to see it, address that issue so that people everywhere in the country can have access to the legal aid services they need?
Lucy Frazer
The hon. Lady is right to identify the fact that dealing with housing issues is important. As at today’s date, there is at least one provider offering housing and debt services in all the 134 procurement areas except for seven, and the Legal Aid Agency is doing what it can to ensure that appropriate services are available in those seven areas. It is due to launch a further tender in areas where there is currently low access to services, and that tender will begin on 17 December.
Derek Thomas (St Ives) (Con)
Across Cornwall, access to a legal aid lawyer for housing and families is particularly difficult. I have raised that matter before. What can the Minister do to create a greater incentive for lawyers to take up that work?
Lucy Frazer
Cornwall is a sparsely populated area and there are difficulties there, but there is always access to the telephone service. It is right that we should look not only at face-to-face advice but at where technology can help to deliver legal advice to people.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
Lucy Frazer
The hon. Lady makes an important point about ensuring that we have support for those who are most vulnerable, but I would like to make two points on welfare benefits, which she has highlighted. First, the most important outcome for benefit claimants is that the decisions on their claims should be right first time. This avoids the need to go to court at all, and my Department is working closely with the Department for Work and Pensions to ensure efficient decision making. I have met the Minister twice to ensure that we get those decisions right first time. Secondly, while decisions on welfare claims significantly impact the lives of often vulnerable people, the claims are often not complicated. We are making changes to the tribunal system to ensure that those cases are handled simply, effectively and more quickly.
Wera Hobhouse (Bath) (LD)
Lucy Frazer
As I have recognised, there are areas of the country that suffer. The Legal Aid Agency looks at those areas, and re-procurement tender exercises are going out in seven of them.
Several hon. Members rose—
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Law Commission of England and Wales says that working people on low incomes are being systematically denied the right to a fair trial because of restrictive legal aid rules. When will the Government act in this shocking and shameful situation?
Lucy Frazer
The hon. Gentleman will have heard that we are doing a review of legal aid, which will be published early in the new year. I was interested to read the recent Scottish Government report on legal aid, which implements a number of the things that we are already doing, including using technology to help our court processes.
Richard Burgon (Leeds East) (Lab)
The current Prime Minister unleashed the Home Office’s hostile environment against migrants, and the Windrush scandal shows just how easily people can fall foul of this Government’s complex and cruel immigration rules. It is even tougher for those who have to navigate this hostile environment without legal advice, yet access to legal aid-funded immigration advice has fallen by 68% under the Tories, from 120,000 cases in 2010 to 39,000 cases this year. So do the Government regret scrapping such publicly funded legal advice that can save people from unfair decisions and deportations, and if so, will they reinstate it?
Lucy Frazer
The hon. Gentleman has not made that offer. The Opposition have made an offer in relation to welfare, but not, I note, in relation to immigration. Let me remind him that people can already get legal advice for asylum and non-asylum cases, and for cases involving detention, the Special Immigration Appeals Commission, domestic violence and trafficking. I want to make it clear to the House and to everyone who is listening that people are often not claiming legal aid because they do not believe they are entitled to it, because the Opposition and some others suggest that it is not available.
Dr Matthew Offord (Hendon) (Con)
Rachel Reeves (Leeds West) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
We are determined to protect debtors from aggressive behaviour by enforcement agents while balancing that against the need for effective enforcement of debts. We launched a public call for evidence on 25 November to help us to understand the extent of the problem, and it is open until 17 January.
Neil O’Brien
A constituent of mine, John Stevens, lost thousands after he was threatened by bailiffs in connection with his son’s debt, which arose through no fault of his own. My constituent was never told his rights, and there was no independent regulator to which he could appeal. Given that 40% of people contacted by bailiffs are threatened or intimidated, will the Minister take action following the call for evidence to right those wrongs?
Lucy Frazer
I am sorry to hear about the experience of my hon. Friend’s constituent and I am happy to discuss the matter further with him. The 2014 reforms require bailiffs to send a letter before they visit to set out where a debtor can go for advice, but we want to ensure that that mechanism and others are working. We are asking that question in our consultation, so I encourage his constituent to tell us more about his experience in our call for evidence.
Rachel Reeves
I welcome the Government’s call for evidence. Since it was launched, the Minister has said that a small number of bailiffs are breaking the law. The truth is that a YouGov poll shows that a third of people contacted by bailiffs in the past year have experienced law breaking, so this is much more than a small problem. Will the Government therefore change the language and see where the evidence takes them, rather than concluding that a minority of bailiffs are behaving in this way?
Lucy Frazer
It is important to gather the evidence, which is what this consultation will do. As the hon. Lady will know, because she asked a question at the previous Justice questions when the Citizens Advice report had just come out, we want to examine the evidence fully, and we are asking for evidence not just from individuals, but from the enforcement agencies themselves. My officials have asked Citizens Advice for a meeting to discuss the content of the report, which identifies a large amount of inappropriate behaviour.
Kevin Foster (Torbay) (Con)
The Minister responsible for rehabilitation will be aware of the great work that groups such as St Mary Magdalene church in Torquay do with ex-offenders. That work could be enhanced if such groups could use the old Torquay magistrates court, which is still empty. Will he agree to meet me and representatives of the church to discuss how, if they acquired the building, they could make a real difference?
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I am happy to meet my hon. Friend to discuss that matter, and if any other colleagues wish to meet as well, I am sure they will do so.
Toby Perkins (Chesterfield) (Lab)
Mr Philip Hollobone (Kettering) (Con)
With which specific countries are the Government negotiating new compulsory prisoner transfer agreements?
Lucy Frazer
The Government already have agreements with around 100 countries in relation to prisoner transfers.
Dr Philippa Whitford (Central Ayrshire) (SNP)
Lucy Frazer
I think the hon. Lady will have been pleased to see a paragraph in relation to extradition in the future framework.
Sir Oliver Heald (North East Hertfordshire) (Con)
Ministers will be aware of the very low attainment in reading among prisoners. Is anything being done to try to improve the situation? I understand that the average reading age in a prison is 11.
Mr Stephen Hepburn (Jarrow) (Lab)
Lucy Frazer
Various changes were made as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. As the hon. Gentleman will know, we are undertaking a significant review. My Department has met with more than 100 organisations or individuals to discuss the changes that were brought in and my Department will be reporting in the new year.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Will the Secretary of State commit to implementing the recommendations of the independent Mental Health Act review to reform mental health tribunals and will the Government commit adequate resourcing to the recommendations?
Lucy Powell (Manchester Central) (Lab/Co-op)
Many of those convicted of murder under joint enterprise thought that they would be able to seek appeals of their convictions after the Supreme Court ruling that the law had taken a wrong turn. However, the recent loss of the Laura Mitchell case, the first brought by the Criminal Cases Review Commission, has shown that the appeal bar is impossibly high. What will the Government do about that?
Lucy Frazer
I know that the hon. Lady has campaigned very hard on this. I was very pleased to answer her debate shortly after my appointment. As she knows, the appeal bar is set in relation to all cases, not just in relation to this case, but I am very happy to discuss this issue in a meeting with her.
Peter Kyle (Hove) (Lab)
It was two years ago that the then Secretary of State for Justice agreed to outlaw the cross-examination of survivors of domestic abuse by the perpetrators of their crime, yet the misery goes on. When will the Government outlaw that?
Andy Slaughter (Hammersmith) (Lab)
When we debated legal aid last month, the Minister was expecting to publish the LASPO review before Christmas. It is already eight months late, so will she tell us the date on which it will now be published? Why are we not getting it until next year? What is the reason for the delay?
Lucy Frazer
I am happy to take the hon. Gentleman’s question. I remind him what he said to the Law Society several months ago—that it is important to take time to review this important subject. It is important and, as I have said, we have met over 100 organisations and individuals. We finished our final engagement with organisations at the end of last month and we will publish the review early in the new year.