Oral Answers to Questions
Lucy Frazer Excerpts(6 years, 2 months ago)
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Tony Lloyd (Rochdale) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I understand that the hon. Gentleman has a great interest in this area and did a lot of work when he was the police and crime commissioner of Greater Manchester, calling for a review of how victims and witnesses are treated in the criminal justice system. It is right that cases come to court as quickly as possible, and timeliness in the criminal courts system is improving. The average mean number of days from listing to completion is down from 33 in 2015 to 27 in the third quarter of 2017. Unfortunately, as he will know, there are particular challenges in relation to sex offences, where it does take longer for cases to come to court.
Tony Lloyd
The Minister is absolutely right that there are complexities in cases of, for example, child sexual abuse or rape. Nevertheless, constant, even legitimate, adjournments in cases can lead to months of delay. Sometimes, it takes years before victims come to court. Victims who are already traumatised by what has happened to them deserve better than to be traumatised by the process. Can we make them a priority?
Lucy Frazer
The hon. Gentleman is absolutely right that we need to be extremely careful with vulnerable witnesses and witnesses in sex cases and ensure that they get justice. We are bringing in and rolling out measures on the taking of their evidence to ensure that they can do that pre-trial and therefore safely, which will speed up justice. As the hon. Gentleman knows and as the Secretary of State has mentioned, we are hoping to introduce the courts Bill, which will ensure the streamlining of justice and do away with unnecessary hearings. Hopefully, that will speed up access to justice.
Jim Shannon (Strangford) (DUP)
Will the Minister further outline what training lawyers receive in the handling of vulnerable witnesses? Does the Department intend to make updates to such training compulsory?
Lucy Frazer
In the family court, all judges have training on dealing with vulnerable witnesses. I am sure that the Crown Prosecution Service has training as well.
Alan Mak (Havant) (Con)
Kerry McCarthy (Bristol East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
The hon. Lady is absolutely right to highlight the value of early legal advice, which is why the Department spent £100 million in legal aid on early legal advice for civil cases last year.
Kerry McCarthy
Citizens Advice has estimated that for every £1 of legal aid spending on housing advice the state would save over £2, and that if the advice was on debt and housing, it would save even more. Will the Minister commit to commissioning research into the cost-effectiveness of reintroducing early legal advice in the housing sector, so that we can save money in the long run?
Lucy Frazer
Advice can already be taken through a telephone hotline in relation to housing. Legal aid is available where homelessness is a risk, and debt leads to homelessness. A whole variety of early legal advice is available through legal aid at the moment, but as the hon. Lady will know, we are conducting a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and this issue will be considered.
Maria Caulfield (Lewes) (Con)
Andrew Bridgen (North West Leicestershire) (Con)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I am very aware of the importance of looking at family law, in the context of the fact that relationship breakdown leads to unwelcome life chances for the children of that relationship. I am happy to meet my hon. Friend, who should know that I have already met the president of the family division and the chief executive of the Children and Family Court Advisory and Support Service, and to discuss this issue.
Stephen Kinnock (Aberavon) (Lab)
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Lucy Frazer
I thank the hon. Lady for her question. It was a pleasure to meet her recently to discuss the issue, and I am grateful to her for following up with an email on Friday. I am very happy to meet her again to discuss the issue, and I have sent her a letter today, as I said I would, setting out a timetable for the consideration of sites. When she has had a chance to look at that I am happy to meet her again.
Alan Mak (Havant) (Con)
Justin Madders (Ellesmere Port and Neston) (Lab)
Lucy Frazer
The Department is responsible for upholding the law, and it does so. As for the specific issue of refunds, the Department has done a great deal of work in trying to explain to interested bodies how they can make a refund. It has written to Citizens Advice, the Law Society, the Bar Council and the Free Representation Unit. New figures will be published on 8 March. If people do not receive refunds, we will continue to liaise with them.
Maria Caulfield (Lewes) (Con)
Eleanor Smith (Wolverhampton South West) (Lab)
Will the impact of cuts to legal aid on unaccompanied and separated children under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 be considered?
Lucy Frazer
The purpose of the review is to look at the effectiveness of the legislation, so any changes made by LASPO will be considered.
Sir Desmond Swayne (New Forest West) (Con)
So what exactly has happened at the chaplaincy at HMP Brixton?
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Instead of carrying out their in-house review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, should Ministers not follow the excellent example of the Scottish Government by having an independent review of legal aid, and perhaps looking at how the Scottish scheme has managed to achieve greater scope and eligibility but with lower costs?
Lucy Frazer
The review of legal aid will be important. We will be inviting a number of independent experts to give evidence so that we can make the necessary decisions.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Secretary of State will know that even in the best justice systems there are miscarriages of justice. Will he therefore pay attention to the fact that so many people who are later found to be innocent and have their sentences quashed, having spent years in prison, never get any compensation?
Environmental Audit Committee
Lucy Frazer Excerpts(6 years, 3 months ago)
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Mary Creagh (Wakefield) (Lab)
I am grateful to you, Mr Speaker, and to the Backbench Business Committee for giving me the opportunity to make this statement on behalf of the Environmental Audit Committee about our third report of this Session, “The Ministry of Justice: Environmental Sustainability”, which I am delighted to share with the House.
The Committee’s remit includes carrying out regular sustainability audits of Departments and agencies. Working closely with the National Audit Office, we look at whether Departments are doing enough to reduce their impact on the environment and meet their greening government commitments. In the previous Parliament, we published sustainability audits of the Treasury and the Department for Transport, and this is our first audit of this Session.
The Government are the largest purchaser of goods and services in the country, and I pay tribute to the civil servants working across Government to reduce their carbon footprint. The Government should be leading from the front on sustainability. They have signed up to the UN’s global goals, to the greening government commitments, which commit Departments to reducing their impacts on the environment, and to Government buying standards on procurement. All three are aimed at improving sustainable practices.
Why did the Committee choose the Ministry of Justice? With 1,600 sites, the Ministry of Justice has the second largest estate in Government. It accounts for 20% of the Government’s greenhouse gas, waste and water emissions. It is the second largest buyer of goods and services, spending £4.6 billion through external suppliers in 2015-16, which is 10% of total Government spend on procurement. The Committee recognises the financial pressures that the courts and prison services are under, but being green brings financial benefits. UK businesses, for example, could save £23 billion a year by improving how they use energy and water and by reducing waste.
The Ministry has committed to put sustainable development at the heart of everything it does, so with the assistance of the NAO, the Committee examined whether that was happening. First, we were disappointed that the sustainable development goals were not mentioned in the Ministry’s single departmental plan, despite the Government promising us that they would appear in every single departmental plan. That is a worrying trend across Government. Secondly, our audit uncovered significant weaknesses relating to how the Ministry manages its sites, buildings and refurbishment projects, carbon emissions and vehicle fleet and in its approach to policy making.
The Ministry’s estate is one of the most ecologically diverse in Government. Its prisons and immigration removal centres contain 10 sites of special scientific interest, only two of which are in a favourable condition. We also found gaps in the Ministry’s governance and oversight. Senior management are often not informed of sustainability incidents. For example, we heard about one contractor that destroyed a nationally important protected orchid meadow but was not penalised or held to account through the contract.
The Ministry wants all its new buildings to achieve an “excellent” rating under the Building Research Establishment environmental assessment method—BREEAM—and it wants refurbishment projects to achieve a “very good” rating. However, we found that the Ministry had not assessed the environmental performance of nearly two thirds of its new-build and refurbishment projects. Of the 54 that did get the certificate, 14 failed to meet the required standard. Not knowing the rating of a building could not only lead to costs from retrofitting and poor energy efficiency but risk inmates’ health through overheating. When a cost-benefit analysis is put forward, it is predicated on good or excellent standards being achieved, meaning that the building will cost more to run and manage than expected and will not meet the case set out for the project.
We also examined Her Majesty’s Courts and Tribunals Service and its courts closure programme. Since 2010, 103 magistrates and 54 county courts have closed, and the Ministry is consulting on plans to close nine more courts. There were gaps in the guidance to staff on how to sell off court and tribunal buildings, and the oversight on contractors also showed gaps. For example, people tasked with selling the buildings were unaware of their statutory duty to tell Historic England if the buildings were listed or of particular local architectural significance, and they failed to minimise the risk of new owners letting the buildings fall into disrepair. In my constituency, Wakefield Crown court, sold off 20 years ago, has been left to fall into ruins, leaving my local authority and local council tax payers to foot the bill.
The Ministry of Justice did not meet its targets for domestic flights and carbon reduction in 2014-15. In fact, its use of domestic flights is increasing. We found that in one year there were 108 flights between London and Anglesey and 98 flights between London and Cardiff, as well as flights between Southampton and Manchester, even though perfectly good train services are available. The Ministry did not provide any explanation for the increase.
In the autumn Budget, the Chancellor committed that 25% of all cars in central Government Departments should be electric, yet only two of the Ministry of Justice’s 1,500 vehicles are ultra-low emission vehicles. We also found that the Ministry does not systematically undertake environmental impact assessments of new policies. For example, in February 2017 the Government tried to remove the fixed cap on court costs in environmental cases, but they failed to consider the environmental impact of that decision, despite environmental groups saying it would have a “chilling effect” on access to environmental justice.
The Ministry of Justice acknowledged many of its shortcomings during our hearing, and it has been working to improve its oversight, systems and performance. That is welcome, but we urge it to improve in three key areas. We urge it to embed sustainability in all it does; to follow its own guidance when making policy—it is ironic that the Department tasked with upholding the law is failing to meet its own legal requirements in certain areas—and providing guidance to staff and contractors; and to improve oversight and governance of sustainability, including in the governance of its contractors, such as on buying standards for prison food.
We recommend that the Ministry of Justice sets more ambitious environmental targets for 2019-20, as we found it was setting its targets too low so that it could say, “We have met the targets a year or two early.” That is no good. The targets have to be stretching, and they have to be on just the right side of impossible. The Ministry also needs to develop its sustainability policies, reflecting global goals, and it needs to set out how it will meet its existing targets. It needs to improve its estate management and systematically collect environmental rating certificates for all refurbishment and new-build projects.
The Ministry of Justice should provide better support to staff, especially prison governors and the people involved in selling courts and tribunal buildings, and it should provide guidance and oversight to contractors on how to manage the estate sustainably, including its sites of special scientific interest, which are protected by law. That is particularly important in the wake of the collapse of Carillion, which was a contractor on several of the prisons we looked at. The Ministry must improve its oversight of sustainability issues, and it must show leadership to the rest of central Government on sustainability.
If the UK is to be at the forefront of sustainability, the Government must lead by example. All Departments must do their bit, and the Ministry of Justice is failing to meet that challenge. Sustainability and the environment have been bolted on as a bit of an afterthought. In the Ministry’s response to our report, I expect to see a clear plan that addresses our concerns and incorporates the global goals into everything it does.
I look forward to the Government’s response, and I look forward to our Committee, and my many excellent Committee colleagues, continuing our quiet work in this overlooked but vital part of Government activity. I thank the House for giving me the opportunity to raise this report today.
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I thank the hon. Lady for her very detailed and considered report. She has made some valuable points, and the Ministry of Justice will respond in due course in the usual way.
Mr Speaker
Except for that gracious tribute from the Minister, such has been the force, incisiveness and comprehensive scope of the statement by the hon. Member for Wakefield (Mary Creagh) that she has left the House speechless. I trust that the appropriate extract from the Official Report will be put up on the wall of one of the rooms in her home.
Draft Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018
Lucy Frazer Excerpts(6 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I beg to move,
That the Committee has considered the draft Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018.
The Chair
With this it will be convenient to consider the draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018.
Lucy Frazer
It is a pleasure to serve under your chairmanship, Mr Paisley. The purpose of both orders is to ensure the more effective and efficient regulation of the Bar and alternative business structures by the Bar Standards Board. I shall begin by explaining a small technicality. The orders are in the name of the General Council of the Bar, but they relate to the functioning of the Bar Standards Board. The reason for that is that, in accordance with the Legal Services Act 2007, the Bar Council has delegated its regulatory responsibilities to the BSB.
I should mention that I was a practising barrister before entering the House of Commons, and while I was a barrister, for a short time I also served as a member of the Bar Council.
The second order, made under section 80 of the 2007 Act, is very straightforward. It simply allows an appeal route in relation to decisions by the BSB. I will briefly expand on that. The BSB was made a licensing authority in February 2017. That means that it has the power to license those that provide legal services. Initially that was barristers, but it now includes a wider range of bodies because of the expansion in those able to offer legal services as alternative business structures under the 2007 Act. Where decisions are made by the BSB, it is appropriate that there is a route by which to challenge its decisions; and when the BSB was first established as a licensing authority, a temporary appeal route was established to the High Court.
This provision enables the First-tier Tribunal, rather than the High Court, to hear and determine appeals in relation to decisions by the BSB. That is an appropriate route, as the First-tier Tribunal has a jurisdiction in the General Regulatory Chamber and has judges with experience of considering regulatory appeals. The First-tier Tribunal already deals with appeals against licensing decisions by the Council for Licensed Conveyancers, the Chartered Institute of Patent Attorneys, the Chartered Institute of Trade Mark Attorneys and the Institute of Chartered Accountants in England and Wales. Provision in that regard was made when they were each designated as a licensing authority. This draft order is supported by the Bar Council.
The first order, made under section 69 of the 2007 Act, modifies the functions of the BSB in six main ways. It gives the BSB the power to make regulations or rules allowing for appeals to the First-tier Tribunal, so it is in effect the counterpart to the section 80 order. It gives the BSB, in its role as an approved regulator, the same intervention powers as it has as a licensing authority, and it gives the BSB powers to make rules in relation to information gathering, disciplinary arrangements, practice rules on engaging disqualified individuals, and compensation arrangements.
I shall briefly explain why these powers are sought. Currently there is no statutory basis for much of the regulation of individual barristers or entities by the BSB. Barristers are regulated under a non-statutory regulatory regime, with barristers in effect consenting to be bound by the BSB’s rules and thus establishing a contract between them. That arrangement is underpinned by a series of agreements between the Bar Council, the Inns of Court, the Bar Tribunals and Adjudication Service and the BSB.
In an ever changing legal services market, a contractual mechanism of regulation is simply not sustainable in the long term. The legal services market is continuing to evolve, with innovative businesses, which have different and novel business models, entering the market at a rapid rate. Since February 2017, the BSB has been able to license ABSs in addition to regulating barrister entities and individual barristers. The BSB is currently regulating 80 barrister entities and seven ABSs.
The Legal Services Board and the BSB believe that the interests of consumers and the public would be better protected if many of the BSB’s arrangements for regulation were placed on a statutory basis, as that would enable the BSB to react more effectively and efficiently to the rapidly changing nature of the market. These provisions will place the BSB’s regulation of barristers on a statutory footing.
These changes are sought by the BSB, to which the regulatory functions have been delegated. They were recommended by the LSB, which has general oversight of regulation in this area, and the Lord Chancellor has accepted them. That is how the draft orders came to be before the Committee.
I should mention that when the LSB consulted on the draft section 69 order in 2016, concerns were expressed by the Bar Council, the Inns of Court and the Institute of Barristers’ Clerks. The BSB took time to carefully consider those concerns and has committed to working with interested parties to ensure that regulations are proportionate and in keeping with the eight statutory objectives in the Legal Services Act.
In conclusion, we believe that these statutory instruments are necessary to enable the BSB to carry out its role as a regulator more effectively and efficiently, and to better regulate in the interests of consumers and the public. I commend the draft orders to the Committee.
Joint Enterprise
Lucy Frazer Excerpts(6 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
I am very grateful to my right hon. Friend for his comments. I would like to start the debate by commending the hon. Member for Manchester Central (Lucy Powell) for securing this debate on an issue that is close to her constituency and to her heart. I also want to thank my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) and the right hon. Member for Tottenham (Mr Lammy) for supporting the motion today.
I fully recognise the importance of the law in this area. When anyone is charged and convicted of a crime, it will have serious consequences for them, their families and their victims. This is especially the case when the charge may be for such a serious crime as murder. I also recognise the sensitivity of this issue, given that the youngest of those that JENGbA supports was 12 when he was charged with the offence, as many Members have mentioned. That will obviously have a significant impact on his life.
Many Members have identified what the Supreme Court decided, but it is important to set out the principles involved because some Members put forward hypothetical circumstances that could result in a conviction for accessory liability, and I am not sure that all those circumstances were right. It is important to be clear what we are talking about from the outset.
First, I will summarise a few of the points in the Supreme Court judgment in the case of Jogee, which was handed down in February 2016. It concerned a very specific area of the law on joint enterprise called parasitic accessory liability, rather than the whole law of joint enterprise. Such liability arises when two people, person 1 and person 2, participate together in one offence, such as a burglary, and during those events, person 1 commits a second offence—for example, he or she murders a security guard. Under the law as it stood before Jogee, if the second person foresaw that the first person might act with the intention to kill or cause really serious harm and participated in the burglary none the less, that second person would be guilty of murder alongside the first.
In the Jogee judgment, the Supreme Court said that that was wrong, as the motion recognises. A person cannot be guilty merely for foreseeing that an accomplice might commit a second offence during the course of the original plan. Rather, the Supreme Court held that such a person can be guilty only if he or she intentionally encourages or assists a person to commit such an offence and intends them to have the mens rea required for that offence. The effect of Jogee is that members of a gang who are not the principal perpetrators of the crime will not necessarily be guilty of the crime in question unless it can be shown that they have intentionally encouraged or helped the principal perpetrators to commit that crime. As many Members have said, the Supreme Court also held that offenders convicted under the old test would be granted permission to appeal only if they had suffered “substantial injustice”. That is the position as it stands, as a matter of law.
I should like to respond to some of the points that have been made today. In the short time allotted, I am afraid that I will not be able to respond to them all. I shall concentrate on those that are identified in the motion. There has been a suggestion that the number of cases brought under joint enterprise has been unchanged since the Supreme Court judgment. As the hon. Member for Bolton South East (Yasmin Qureshi) and others have pointed out, however, the difficulty with that argument is that there are no official statistics to enable us to confirm or deny that. A number of Members have criticised the Ministry of Justice for not collecting that data, and we are looking into that. It might be possible to address that under our reforms relating to the common platform. I can confirm that the Ministry of Justice is looking into the matter.
The point was also made that there has not yet been a successful appeal. I understand that that could be extremely frustrating for the parties concerned, but it does not mean that there is no route to an appeal. There is a system to challenge any previous decisions. It is possible for an appeal to be made by an individual, who could also apply to the Criminal Cases Review Commission to have their case reviewed by the Court of Appeal. Indeed, a number of cases have been brought. [Interruption.] They have been brought, but they have been unsuccessful. There has also been criticism of the threshold that the Court of Appeal applies in relation to substantial injustice, but this is not a new test brought in by the Supreme Court in relation to Jogee. It is a long-applied test that the Court Appeal uses in relation to out-of-time appeals.
The key point that has been advanced in relation to the motion today is that there is a need for legislation. I should like to identify a few reasons why it might not be appropriate to bring forward legislation at this stage. First, the law on joint enterprise is not set out in statute; it has evolved through case law. Some criticism was made of that by the right hon. Member for Tottenham, but the evolution of law through the courts has always been an important part of our common law justice system. In our law, the common law has equal weight with law made by statute. No judge in the Jogee case identified a need for Parliament to change the law. Indeed, the hon. Member for Manchester Central has accepted, today and previously, that the Supreme Court ruling said that it was the responsibility of the courts to put the law right. Many Members have accepted that the law as set down by the Supreme Court is right, but some have identified that the implementation of that decision is flawed. I would like to make a few points in relation to that.
The Crown Prosecution Service has already amended its guidance and it is currently operating on guidance in line with the Supreme Court decision. More importantly, it has consulted on revised guidance for use by prosecutors. The hon. Lady has contributed to that, which is to be commended. I am told that the CPS aims to publish a summary of its response to the consultation and the final version of its guidance in the early part of this year.
Many Members have rightly identified the disproportionate number of black and minority ethnic defendants in these cases, and I am pleased that the CPS has confirmed that the revised guidance will take account of the Lammy recommendations, which task the CPS with taking the opportunity of reworking its guidance on joint enterprise to consider its approach to gang prosecutions in general. The CPS has also revised its internal resources on gangs in the light of the recommendations resulting from the Lammy review.
The motion calls for clarity in the law, but it does not identify what the lack of clarity is or how the law could be improved. Indeed, as the hon. Lady has said, what is needed is for the Supreme Court judgment to be followed. There is no suggestion that the law itself needs to be changed; it just needs to be enforced.
Robert Neill
Does my hon. and learned Friend agree that it is not the doctrine of joint enterprise that needs to be put on a statutory basis or given clarification, but that its operation in relation to homicide, and the law of homicide itself, would benefit from a statutory review? That has been suggested by the Law Commission and by the Criminal Bar Association, and it would give us an opportunity to deal with the anomalies in joint enterprise in the context of homicide. I think that that is what we are looking for.
Lucy Frazer
My hon. Friend is prescient; I was about to go on to the broader points that were made during the debate. He made that point in his own speech, and he has raised it in the Select Committee as well. As a new Minister, I am happy to consider that in due course.
Some other, broader points were made. My right hon. Friend the Member for Sutton Coldfield mentioned disclosure, which I know the Attorney General is looking at. Many other points were made, and I will happily address them when time allows.
To return to the motion, I recognise the importance of the law on joint enterprise and the impact that it can have on people, such as the constituents of the hon. Member for Manchester Central and the others mentioned today. For the reasons set out, however, the Government do not believe that the time is currently right for any changes to the law on joint enterprise. It is for the courts to interpret the law, as laid down by the Supreme Court. I hope that the revised guidance on secondary liability will provide a clear direction for prosecutors in this area of law, and I am happy to keep the matter under review. With that in mind, I invite the House to reject the motion.
Oral Answers to Questions
Lucy Frazer Excerpts(6 years, 3 months ago)
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Derek Thomas (St Ives) (Con)
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)
Andrew Lewer (Northampton South) (Con)
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)
Paul Blomfield (Sheffield Central) (Lab)
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.
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)
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)
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?
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?
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?
Her Majesty’s Courts and Tribunals Service
Lucy Frazer Excerpts(6 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
Together with the senior judiciary, the Government are committed to modernising the justice system. HM Courts and Tribunals Service’s long-term reform programme is already delivering benefits by making access to justice quicker and easier while ensuring fairness. HM Courts and Tribunals Service’s £1 billion reform programme is ambitious, ensuring justice is accessible but proportionate and making use of the technology available in the modern world. It will provide modern IT and processes, and focused services to support those who require court services. It covers all jurisdictions and touches every aspect of the system, including making more effective use of its physical places, spaces and buildings.
Courts and tribunals estate
It is important that when the programme of reform is complete we have the right buildings in the right places that can take full advantage of the opportunities that modernisation brings. They should be flexible, efficient and offer the best possible environment for those who seek justice, and our approach should reflect the greater use of digital services.
I am, today, announcing the publication of six separate, but related, consultations about the HM Courts and Tribunals Service estate.
Consultation on future estates strategy
The first consultation, “Fit for the future: transforming the courts and tribunals estate”, provides an outline of reform activities which are either under way or planned. It outlines the three core principles behind our approach—ensuring access to justice, providing value for money for the taxpayer and ensuring efficiency in the long term— and a proposed approach to future consultations on changes to the estate as HMCTS reform initiatives deliver results.
Consultations on court closure proposals
While consideration of the demands on the courts and tribunals estate in the context of reform is important, we also need to assess the existing estate to make sure it is efficient and offers value for money to taxpayers now. To this end, a key consideration in management of the estate is that we only operate buildings that we need, eliminating duplication and overlapping service provision, with the savings recycled back into the reform programme.
I am therefore today announcing five separate consultations on proposals to close eight courts. These proposals are being made under the existing courts and tribunals estates principles and current processes and workloads.
The courts are:
Banbury magistrates’ and county court and Maidenhead magistrates’ court (in a single consultation for the court estate in the Thames valley),
Cambridge magistrates’ court,
Chorley magistrates’ court and Fleetwood magistrates’ court (in a single consultation for the court estate in Lancashire),
Northallerton magistrates’ court, and
Wandsworth county court and Blackfriars Crown court (in a single consultation for the court estate in London).
All consultations will begin on 18 January 2018 and run for 10 weeks. A response to the consultations will be published following proper consideration of all views submitted.
A copy of the consultation documents will be placed in the Libraries of both Houses.
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Oral Answers to Questions
Lucy Frazer Excerpts(7 years, 2 months ago)
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Sir Oliver Heald
It is important to do both, and we have a package of measures that achieves that, so I do not think the hon. Lady need concern herself that we are not taking this forward.
Lucy Frazer (South East Cambridgeshire) (Con)
As the Secretary of State mentioned, the Supreme Court judges application process ends on Friday. In circumstances where around 20% of Court of Appeal judges and 20% of High Court judges are female, what is she doing to ensure we get more diversity in our highest courts?
Elizabeth Truss
My hon. and learned Friend is absolutely right. We have never had a female Lord Chief Justice or a female Master of the Rolls. Out of 11 Supreme Court justices, only one is a woman, and that is not good enough in modern Britain. What we need to do is make sure it is easier for highly talented solicitors to apply to go on the bench, and Lord Kakkar is looking at that. We are creating direct entry into the High Court for talented individuals, and we are also creating the 100 top recorders competition to encourage more entrants from among good individuals.
Oral Answers to Questions
Lucy Frazer Excerpts(7 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)
There is obviously a careful risk assessment before people are moved into open prison. I am not aware of the specific facts of the case that the hon. Gentleman has outlined, but I will be happy to meet him to discuss it.
Lucy Frazer (South East Cambridgeshire) (Con)
The hon. Member for Leeds East (Richard Burgon) said that he thought that Lord Neuberger had mentioned that he would decide the case in accordance with the law on the basis of something that the Secretary of State had or had not said. Does the Secretary of State agree with me that Lord Neuberger said that he was deciding the matter on the basis of the law because that is his duty, and because it was stated that the matter would be decided on law, not politics, in paragraph 8 of the High Court judgment?
Elizabeth Truss
My hon. and learned Friend is absolutely right about Lord Neuberger’s role—[Interruption.] It is pronounced “Newberger”; I have had frequent conversations with him. It is important that the judiciary itself states the case, too.
Prison Officers Association: Protest Action
Lucy Frazer Excerpts(7 years, 5 months ago)
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Elizabeth Truss
I completely agree that retaining staff is vital, which is why we have given these additional freedoms to governors. We are also recruiting more staff to the frontline so that staff feel safer, which is a very important part of the job. By having more staff on the frontline, we will enable more time to be spent turning offenders’ lives around, which is why the prison officers to whom I speak wanted to go into the service in the first place. What is important is getting offenders into jobs and off drugs.
Lucy Frazer (South East Cambridgeshire) (Con)
When the former shadow Secretary of State for Justice, Lord Falconer, opened a debate on prison reform earlier this year, he rightly recognised that the problems in our prison system go back not one year or five years, but decades. Given that we have a situation in which more than half of adult males reoffend within a year of their release, should we not be focusing on rehabilitation rather than blame?
Elizabeth Truss
My hon. and learned Friend is absolutely right. Reoffending is a huge cost to society—£15 billion a year—but it is also a huge cost to the victims who suffer from those crimes. The prison system is not turning lives around in the way that it should, which is why our White Paper was a plan for prison safety and reform. We need to have safe prisons in order to be able to reform offenders, and by reforming offenders our prisons will become safer too.
Prison Safety and Reform
Lucy Frazer Excerpts(7 years, 6 months ago)
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Elizabeth Truss
I completely reject the hon. Gentleman’s counsel of despair. This is the first time we will ever be putting it in statute that reform is the purpose of prisons. At the moment the Secretary of State is merely responsible for housing prisoners, not making sure we improve outcomes. We have not had that systematic approach and I am determined we achieve it.
Lucy Frazer (South East Cambridgeshire) (Con)
I welcome the White Paper, which rightly recognises the need to educate prisoners and help them into work. It also identifies existing good practice in the relationships between prisons and businesses. The Lord Chancellor mentioned the scaffolding work; another example would be the restaurant at HMP Cardiff. How will she build on the current schemes and incentivise employers to work more closely with prisons?
Elizabeth Truss
I completely agree with my hon. Friend that engaging with employers is vital. We have seen some fantastic examples, such as Timpson and Virgin, which are already working closely with us. My hon. Friend the prisons Minister will be doing further work on this subject and making further announcements on it shortly.