Oral Answers to Questions

Debate between Lucy Frazer and Catherine West

Thursday 13th October 2022 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

5. Whether her Department has made an assessment of the level of funding that will be required to meet its cycling targets for (a) 2025 and (b) 2030.

[The Minister of State, Department for Transport (Lucy Frazer)]

The Department estimates that a minimum of £4.4 billion is likely to be required to meet its cycling and walking objectives to 2025; and further, that a minimum of £5.5 billion is likely to be required to meet the objectives to 2030. The actual amount will depend on a wide variety of factors.

[Catherine West]

I am sure the Minister agrees that there is nothing nicer than seeing schoolchildren in local streets learning in a supervised way how to cycle safely, particularly as interest in cycling has grown post pandemic. Will she commit today to ensuring sufficient funding for every single local authority to maintain its cycling classes, so that children can learn and so that we can tackle air pollution together by having more children cycling safely on streets and being taught manners and the best way to cycle in our local environments?

[Lucy Frazer]

I agree that it is important to learn from a young age how to cycle safely. That will ensure that as children grow older, they are more willing to engage in active travel rather than being in cars. I can assure the hon. Lady that the Government will offer cycle training to every primary school child in England, building on the record of 500,000 training places offered in 2022-23.

Income Tax (Charge)

Debate between Lucy Frazer and Catherine West

Thursday 28th October 2021 Commons Chamber

[Lucy Frazer]

The hon. Member makes a valid point and I absolutely recognise that, but the way to solve that problem is not to give a tax benefit to a large group of people who simply do not need it, but to give discrete, directed support to those who do need it. That is what this Government have done: the hon. Member will know that six weeks ago we announced £500 milllion to support the most vulnerable families when they absolutely need it.

Members from all parties mentioned the support for families and for family hubs and welcomed the measures in the Budget. I was pleased to hear the support from my hon. Friends the Members for Don Valley (Nick Fletcher) and for Newton Abbot (Anne Marie Morris). My hon. Friend the Member for Telford (Lucy Allan) made a good speech about how important it is to support struggling families, and I was interested to hear what my hon. Friend the Member for Crewe and Nantwich said about the importance of not only supporting young families financially—we have heard how important it is to support recent mums and dads—but giving them emotional security as well.

I was disappointed to hear the shadow spokesperson, the right hon. Member for Wolverhampton South-East, speak about our lack of support for education, because we have invested significantly in education, not only in this Budget but in previous ones. This Budget provides a wide variety of support through the education system. We are increasing the core funding for schools, with an additional £1,500 per pupil, and providing catch-up funding, with an additional £1.7 billion bringing the sum up to £5 billion, In addition, as my hon. Friend the Member for Ipswich said, we are increasing the funding for SEND provision, with an extra 30,000 places for pupils with high needs. Through our new Multiply programme, we are helping school leavers who did not get the maths skills that they ought to have got at school.

[Catherine West]

There are some really good measures in the education package, but does the Minister not accept that returning us to 2010 expenditure on education when we have more children to educate, a bigger population and a need to look at the workforce as well, does not really help us in terms of the productivity puzzle, which is key to making the Brexit challenge work?

[Lucy Frazer]

The £4.7 billion investment in core school funding will be welcomed by schools and will enable them to support their students over the coming years. I would like to take this moment to thank all those teachers across the country who have committed so much over the course of the past 18 months in very difficult and challenging circumstances. I know that, although schools are back, students have lost time and there is a huge amount of work to do. Our one-to-one tuition and other such measures will help with that. The mark of a good Budget is one that makes a difference to people’s lives, in many different ways, and I hope that this Budget makes that difference.

Let me turn now to skills. Supporting people does not just mean cutting their tax bill. If we want to build a stronger economy and spread opportunity, we need to do more to boost people’s skills. I have talked about education, but, in addition, we are spending £3.8 billion over the Parliament, with more hours learning for 16 to 19-year-olds, expanded T-levels, more traineeships, more Institutes of Technology funding for the lifetime skills guarantee, and a large increase for apprenticeships by the end of the Parliament. I was very pleased to hear the hon. Member for Hornsey and Wood Green (Catherine West) welcoming our boot camps, which are increasing skills for people across the country.

Every Government should aspire to provide greater life chances for future generations, but this Government not only have the ambition, but have already shown through their plan for jobs that we can level up and we will continue to do so with this Budget.

Oral Answers to Questions

Debate between Lucy Frazer and Catherine West

Tuesday 8th December 2020 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

What steps the Government are taking to respond to covid-19 outbreaks in prisons.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

Throughout the pandemic, we have worked really closely with Public Health England to respond to any outbreaks in prison and to keep our staff and those in our custody safe. We are taking a number of measures, which include compartmentalisation—keeping separate the vulnerable, those who are symptomatic and those who are coming into prisons from outside—as well as increased testing and more use of personal protective equipment, including face masks, where it is appropriate.

[Catherine West]

During these tough times of covid, health and safety is more important than ever. Will the Minister consider introducing a hotline for staff so that they can report health and safety breaches, particularly around the covid question but in other regards as well, given that prisons are a difficult place to work?

[Lucy Frazer]

I thank the hon. Lady very much for her suggestion. There are a number of hotlines available to staff. We work very closely with the unions on a local level, as well as a national level, but I am very happy to take away her suggestion to see whether it is necessary.

Oral Answers to Questions

Debate between Lucy Frazer and Catherine West

Tuesday 8th October 2019 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

Given the tragic case of the baby who died in prison and the mother who laboured on her own in a prison cell, will the Minister please, in her review, look at two issues? First, were enough prison officers on duty that night, and secondly, will every single pregnant prisoner be given a healthcare plan suitable to her needs for every day of her pregnancy on which she is in prison?

[Lucy Frazer]

The hon. Lady has made a very important point. I assure her that a number of investigations are under way. Ten separate investigations of the incident are currently taking place, and I am pleased to announce that the Secretary of State and I have formally asked the prisons and probation ombudsman to conduct an overarching investigation. I spoke to the governor of the prison yesterday. She has introduced hourly checks throughout the night for all pregnant women, and fortnightly pregnancy review boards are being held for them, involving a multidisciplinary team. That is happening throughout the female prisoner estate.

Draft Non-Contentious Probate (Fees) Order 2018

Debate between Lucy Frazer and Catherine West

Thursday 7th February 2019 General Committees

[Lucy Frazer]

Of course, the charity sector plays a vital role in supporting those in need. The order will not affect the amount paid out to charities when there is a fixed bequest rather than a percentage, but I understand the hon. Lady’s concerns.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does the Minister agree that the important issue of probate deserves fuller debate, in the main Chamber and in Government time?

[Lucy Frazer]

As I mentioned, the changes that the Government are making were considered previously in Committee and were well documented in the press, and points on the matter have been put to me in the Chamber. We have the power to pass the legislation by way of statutory instrument, and that is how we are doing so.

It is important to have a fair and functioning justice system. I will touch on the service that HMCTS provides. The decisions that are made in courts and tribunals convict the guilty, protect the innocent and help ordinary people take back their lives. The Government are committed to providing a world-class courts and tribunals system that supports vulnerable people. We are investing £1 billion to modernise and upgrade the courts system but, as is obvious, an effective and efficient justice system requires proper funding and it has long been the case that users of our courts contribute towards the costs, reducing the burden on taxpayers. We believe that remains relevant and reasonable.

By asking those who use the courts to pay more, where they can afford to do so, we are able to fund areas where we charge no fees to vulnerable victims and users. That includes, for example, domestic violence protection orders, non-molestation orders and cases before the first-tier tribunal concerning mental health, where applicants do not have to pay a fee at all. In 2017-18, the running costs of HMCTS were £1.8 billion, but we recovered only £710 million of that—less than 40%—in fee income. That position is unsustainable, and it is right that we look to users of the service to contribute more. We anticipate that the new fees will bring in additional income of £145 million in the next financial year, helping to fund our courts and tribunals by reducing the burden on the taxpayer.

--- Later in debate ---

[Lucy Frazer]

I do apologise, Mr Gray. The JCSI is the Joint Committee on Statutory Instruments, and the SLSC is the Secondary Legislation Scrutiny Committee in the House of Lords. I am grateful for that intervention—acronyms boggle us all.

The SLSC also suggested that, as a result of the anticipated reduction in running costs following reform of the probate service, the fees are disproportionate. We disagree, as the fee is not tied to the cost to the service under the enhanced fee powers.

The reforms aim to make the probate service more efficient. Users will experience a better system, which has benefited from significant investment by the taxpayer. It is right that both the efficiency savings and the additional income are used to cross-subsidise other areas, with vulnerable users and victims not charged a fee at all. We are clear that this is an application fee for a specific purpose—to obtain a grant of representation to deal with a person’s estate—and that it is distinct from general taxation. The primary power states that any income generated by these enhanced fees must be used to fund an efficient and effective courts system. Charging fees is justified as a way of funding our courts system in order to provide access to justice, which the Government are committed to maintaining.

Finally, I will deal with access to justice and affordability. When considering the fundamental principle of access to courts, we need to be careful that nobody finds themselves unable to apply for a grant of probate because of the fee. The fees will never be unaffordable; the probate fee and any reasonable expenses are recoverable from the estate and determined by the value of that estate, so the executor will not be permanently out of pocket, and any difficulty paying the fee will, by definition, be one of cash flow. We believe that in most cases the executor will be able to access funds in the estate to pay the fee, including, for example, bank accounts and savings belonging to the estate. Data from Her Majesty’s Revenue and Customs indicate that the average estate is around 25% cash, whereas the fee will never be more than 0.5% of the value of the estate.

We have been working with UK Finance, the Building Societies Association and the Money Advice Service. The industry has set out bereavement principles to encourage its members to support the bereaved and allow necessary payments to be made from the deceased’s account to cover expenses, including probate fees, where possible.

Furthermore, when an executor is not initially successful in accessing funds from a bank or building society, the probate service is willing to write to the relevant institution to provide reassurance that are assets are needed to pay the fee. Other avenues of funding will also be available, including a personal or executor’s loan. In cases where people are unable to take advantage of any of those options, they can apply for a limited grant of probate to provide them with partial access to specific funds of the estate, for the sole purpose of paying the fee. That application will not attract an additional fee.

[Catherine West]

I thank the Minister for generously giving way a second time. Does she accept that, despite a consultation and discussions with the voluntary sector, she has not really outlined how she is taking on board, and responding to, the Joint Committee’s objections? Could she give us more of an idea of how she is responding to those objections?

[Lucy Frazer]

The points that the Joint Committee has made are legal ones. It claims that the Lord Chancellor does not have the power to make this provision, but we say that he absolutely does. A specific provision in section 180 of the 2014 Act states that the Lord Chancellor has the power to charge fees in excess of the cost of the service. Moreover, the Lord Chancellor has a statutory duty to provide a fully functioning, efficient and fair Courts Service. That power and duty combined mean that he has not only the power to charge enhanced fees but, I suggest, a duty to do so when there are sufficient funds to run a fair and efficient Courts Service. Under the combined provisions, the Lord Chancellor has the duty to bring in the statutory instrument. In the House of Lords debate, in which there was not unanimity, two distinguished Members—Lord Pannick was one, and Lord Thomas may have been the other—made clear their view that the power could be exercised by the Lord Chancellor.

[Catherine West]

The Minister is being extremely generous in giving way. Will she confirm how many situations there have been in which the Joint Committee has had serious concerns but the Government have pressed on nevertheless? Is this a precedent?

[Lucy Frazer]

I cannot give the hon. Lady an answer to a question that ranges beyond this SI, but the matter has been through the House of Lords. A fatal motion was tabled on the back of the Joint Committee’s report, but it did not pass, so the House of Commons is proceeding with the order.

We are confident that the fees will never be unaffordable, and that it would be wrong to exempt certain estates from fees purely on the basis of cash flow, leaving the taxpayer to pick up the tab. That is why the order also removes probate fees from the statutory Help with Fees remission scheme, because in normal circumstances fee remissions will not be necessary or justified. However, there is a safety net for the rare cases that do not fall into any of the categories mentioned previously. We have retained the Lord Chancellor’s power to offer a fee remission in exceptional circumstances where the executor has exhausted all other options to pay the fee and would suffer undue hardship as a result.

We intend to publish guidance on ways to pay probate fees, outlining all the options for financial support more clearly to those who are applying. We continue to work with external stakeholders to ensure that the guidance is effective, and we will publish it before any fees are changed. We have the power and the duty to ensure that the Courts Service runs effectively and efficiently, we have introduced a progressive system to ensure that the burden will be spread fairly, and we have taken an additional 25,000 people out of liability for the fee. I commend the draft order to the Committee.

--- Later in debate ---

[Lucy Frazer]

I am grateful to my hon. Friend the Member for Mid Dorset and North Poole and the hon. Member for Ashfield for their thoughtful submissions. I am grateful for the engagement I have had with my hon. Friend and for our discussions about this important area. The Ministry of Justice acknowledges that this fee will affect people—often those who have properties valued in excess of a certain amount—and we have not taken this decision lightly. I am grateful for the points he has made today and during the course of our consideration on how to go forward with this issue.

What we are proposing is an enhanced fee, not a tax. It is not charged by the Treasury and will not be collected as general taxation; it will be ring-fenced for the courts. In fact, we are raising this money because it is our obligation to ensure that we have a fair and efficient Courts Service. My hon. Friend is right to identify that people try to evade various taxes or to manage their affairs—in a legitimate way—to ensure that they do not pay certain amounts to the Treasury. We will of course always tackle illegitimate attempts to do that, but that is not a reason not to take action or bring measures forward. We have identified this measure as suitable to ensure that our Courts Service is properly funded, and we think it is fair and proportionate, which is why we are bringing it forward.

On shared assets, it is interesting that couples—whether married, in a civil partnership or otherwise—are free to choose how to hold their property. Paying probate fees on property held by couples as joint tenants—the most common form of property ownership between couples—would not be required.

I will deal with several points raised by the hon. Member for Ashfield. She suggested that it is inappropriate to charge a progressive fee in circumstances in which the cost does not necessarily relate to the fee charged. I recently read an interesting article—in The Law Society Gazette, I think—that suggested that solicitors actually charge progressive fees for their services in relation to the estate, which may or may not vary according to the work they do. That is a third-party article and I do not rely on it, but it is interesting to consider.

I am quite surprised that the Opposition oppose a progressive fee, with those who can afford to do so paying more. I thought that was at the heart of the Opposition’s way forward on taxation. They regularly suggest that we should pay more income tax if we earn more money. We are putting forward a proposal that allows people to take on a burden where it is fair to do so.

[Catherine West]

Will the Minister give way?

[Lucy Frazer]

I will just finish these points. The hon. Member for Ashfield suggested that the justice system needed more money. Mr Gray, you were right to point out that this debate is on a particular SI. However, our justice system does need more money, and we are putting forward a reasonable, progressive, proportionate way of ensuring that it has that money. For those reasons, I commend the draft instrument to the Committee.

Question put.

Courts IT System

Debate between Lucy Frazer and Catherine West

Wednesday 23rd January 2019 Commons Chamber

[Lucy Frazer]

I can give my hon. Friend that assurance. Issues have arisen, but HMCTS staff have been working around the clock to resolve them. They have been working extremely hard, and I would like to thank them for that work. Issues have arisen, but we have attempted to resolve them as quickly as possible.

[Catherine West (Hornsey and Wood Green) (Lab)]

What compensation will be made available to victims of crime who wait so long to get justice, and to other court users who often give up days of work? There is a massive loss of productivity in the system already, and issues such as this continue to aggravate the situation. Will there be a compensation system that is open, so that people can claim back for such lost productivity and make other claims they may have in relation to this matter?

Oral Answers to Questions

Debate between Lucy Frazer and Catherine West

Tuesday 18th December 2018 Commons Chamber

[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.

Oral Answers to Questions

Debate between Lucy Frazer and Catherine West

Tuesday 10th July 2018 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

4. What steps he is taking to improve wages and conditions for staff of his Department who are on low pay.

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

I would like to take this opportunity to congratulate the staff of the MOJ on, and thank them for, all the important work they do across a number of spheres. The MOJ continues to pay the statutory national living wage or above to all its staff.

[Catherine West]

I thank the Minister for her answer, but will she explain why the same workers are paid the London living wage in the Department for International Development? Does she believe that a cleaner in DFID is worth more than a cleaner in her Department?

[Lucy Frazer]

Obviously, I cannot comment on DFID, but I can comment on the MOJ. We pay a significant number of our employees the real living wage. As at 1 December last year, only 1,791 of more than 22,000 employees within the MOJ and its agencies, excluding Her Majesty’s Prison and Probation Service, were paid below the real living wage. In HMPPS, only 540 out of more than 47,000 direct employees were paid below the real living wage.

Upskirting

Debate between Lucy Frazer and Catherine West

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

My hon. Friend raises an important point, and I am aware of the issue in relation to Emily Hunt’s case. I have discussed that matter with the Minister for Digital and the Creative Industries, who responded recently to an Adjournment debate on this secured by an Opposition Member. The issue is an important one. What this Bill does is tackle a specific issue, which we should get on to the statute book as soon as possible.

[Catherine West (Hornsey and Wood Green) (Lab)]

Has the Minister given some thought to how this potential Bill and then Act will be enforced? With the newspapers saying that only 5% of burglaries and robberies are being tackled by police, how does one expect that the law on these sorts of acts will be enforced by the police, who are so stretched? Will she have a resource implication chapter in her Bill?

[Lucy Frazer]

It is comforting to know, as I mentioned, that there are already offences on the statute book whereby it is possible sometimes for this offence to be caught. Indeed, there have been prosecutions in recent years under the public order offences legislation; people have been prosecuted for this type of activity.