Court Closures

Madeleine Moon Excerpts

Thursday 24th March 2016 Commons Chamber

[Mrs Madeleine Moon (Bridgend) (Lab)]

Like the hon. Member for High Peak (Andrew Bingham), I commend my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) for calling this debate. I also agree with him that this was a flawed consultation and decision, particularly in relation to Bridgend magistrates court and law courts, which house state-of-the-art court facilities in which the public purse has invested hundreds of thousands of pounds for repairs, modernisation and renovation. That is all to be thrown away.

Following the closure, the court’s civil, family and tribunal work will got to Port Talbot justice centre and the magistrates work to Cardiff and the Vale court. I hope that this local example will illustrate the appalling consequences of the Government’s irresponsible decision to close 86 courts and tribunals across England and Wales, as well as their total failure to understand the geography of Wales.

[Mary Creagh (Wakefield) (Lab)]

No surprise there.

[Mrs Moon]

Indeed, no surprise.

Realistically in south Wales, one has to move north or south to the M4 before travelling east or west. Before reaching the M4, there are very few chances of moving east or west, so the movement of these courts will cause huge problems for people’s capacity to reach the new venues.

[Mr Kevan Jones]

Does my hon. Friend also agree that the consultation and decisions, certainly in County Durham, assume that everyone has access to a private car and take no account of the time it will take to get to court—or the impossibility, in some case, of doing so—by public transport?

[Mrs Moon]

My hon. Friend makes the most valid of points. Yet again, the Government have failed to recognise the needs of the poor and the disadvantaged, particularly those who are victims or witnesses of crime, and their capacity to access the justice system.

By car, the journey from Bridgend to Cardiff can take an hour. Parking is a nightmare at many times of the day and is very expensive. Port Talbot justice centre is just under 15 miles away, but, depending on where someone lives in my constituency, it can take a minimum of 30 minutes to get there by car. For people on low incomes, who disproportionately depend on court and tribunal services, access to these sites will take longer and be more expensive. Car ownership in poor communities in Wales is particularly low: two thirds of those on working-age benefits do not have daily access to a car. I hope the Minister is listening to this. The majority of people travelling from Bridgend to Cardiff or Port Talbot to access legal services will therefore depend on expensive public transport links, but the timetables are a nightmare, especially if someone has to be in court by 9 o’clock or 10 o’clock and has childcare or caring commitments or a disability or if—God forbid—they miss the bus.

[Mary Creagh]

Or the bus doesn’t turn up.

[Mrs Moon]

Or, indeed, if the bus doesn’t turn up.

The bus journey from rural areas in my constituency to Cardiff is indirect and can take over two hours, and that is before getting to the bus station in Cardiff, which is a considerable distance from the court. The need to travel such long distances on a regular basis will disrupt the work of local police, as well as of probation, rehabilitation and child protection officers. It will also inconvenience the many local groups that offer services to people involved in the court system, including witnesses. We ought to be thinking far more carefully about protecting and supporting witnesses accessing courts. It is one thing to say, “Well, I don’t mind inconveniencing defendants”—even though these are people who still have not been found guilty—but what about people attending court to support the criminal justice service? We have to make it easy for people to come forward as witnesses, not introduce an additional burden into their daily lives.

It will be expensive and administratively burdensome to transport defendants from custody in the brand-new, state-of-the-art police station at Bridewell in Bridgend. The police there will be spending hours transporting people up and down the M4, when they could have accessed the local court in Bridgend. Parc prison in Bridgend will have to transport prisoners up and down the M4, instead of taking the 10-minute journey into the centre of Bridgend. The transport costs will be ridiculous. The Ministry of Justice is transporting the costs from its own budget to another budget.

The integrity of the British justice system is at stake here. It has evolved over the centuries and has remained remarkably sensitive to the distinctive formulations and priorities of local communities. The close proximity of the magistrates system to people’s daily lives is at the root of the legitimacy and authority of the system. No attempt seems to have been made to ascertain whether the magistrates in Bridgend will continue to serve in their posts when closures go ahead. I have to tell the Minister that local magistrates contacted me to say that they do not think they will be able to carry on—because of health, work commitments and family issues. The additional travelling time and the additional commitment in hours of work is going to make it impossible for many of them to continue. I think that is a huge loss to the local community’s sense of engagement with the criminal justice system and the civil justice system. The quality of justice as administered and implemented in local communities is also threatened by the decision, because the additional caseloads at both Bridgend and Caerphilly will push Cardiff court’s capacity to the limit. The closure could lead to a heavy reliance on electronic communication.

I know some people view electronic communications as the way forward, but I would have to say again that they do not live in Wales. For people living in the Welsh valleys, broadband communication is a nightmare. I live on the coast in Porthcawl, and my Skype communication is frequently not good throughout the day; with 180° of sea in front of us, broadband communication is not at its best. These technologies are untested, unreliable and their use in court challenges the important principle of our justice system—the right to a fair trial and the right to face our accusers. Clear communication is integral to the smooth and upright administration of justice, and there is no substitute for face-to-face dialogue. Where it is desired, it should be the first option available to individuals entering court.

The Law Society of England and Wales has registered serious concerns about the use of video-link technology in magistrates court trials. Magistrates have voiced the concern that it will be difficult for the judge to maintain order in the court if defendants and witnesses are not present in person. There are also doubts about whether the broadband connection in Bridgend is of sufficient quality to sustain a video link. As I have said, the region suffers from notoriously poor broadband connectivity.

I fear that for some of my constituents, the cheapest and simplest option will be to plead guilty rather than face the difficulties of navigating the complexities of the local transport and electronic communication systems and the destruction to their daily lives and to their family lives and commitments. When witnessing a crime, many people will say, “I don’t know whether I want to come forward as a witness when it is going to mean additional time and cost burdens to me.”

The courts alone do not deliver justice. Orbiting courts are networks of organisations that provide integrated probation, rehabilitation and victim support services. Before the trial opens, they do the hard work of preparing people who are unfamiliar with the courts system to stand as witnesses or defendants. After the case has closed, they help to translate, implement rulings and monitor their impact within the community. The key to their success is local knowledge and the close working relationship they have with other service providers. Removing courts from communities will fragment and weaken these complex and closely knit networks, with serious implications for the quality of local justice and the cohesion and safety of local communities.

I have grave concerns about the serious impact of closure on my local solicitor firms. Many are based in my constituency because of the Bridgend law courts and the whole network of courts in Bridgend, and I fear that many will close, further reducing access to legal advice for many people living across my constituency. The town will lose many high-paid and skilled jobs, and the courts bring people from the surrounding area into the town. The closure will affect the retail and service sectors of the local economy and contribute to the degeneration of the town centre.

In short, the relocation of the court services and the subsequent breakdown in Bridgend’s legal infrastructure will destabilise the community and undermine local confidence in the justice system for a generation. The court closure decision reflects the priorities of a Department isolated in Westminster that fails to take into account the geographic and the social mix of Wales. With so little understanding of how local communities work, public trust in our legal and political institutions will be further eroded. I urge the Minister to reverse the decision on Bridgend. I am sure it is not too late. I hope he has been listening.

--- Later in debate ---

[Robert Neill]

I understand the hon. Gentleman’s point, particularly in respect of rural areas. In fairness, though, there were court closure programmes under Labour Governments just as much as there were under Conservative Governments, so it is not an issue over which any one party can claim advantage. The hon. Gentleman made a very fair point about access to justice, but it is not the case that one particular party is more or less committed to it. The issue is how to balance what is largely a centrally funded service with local needs. That is what we need to deal with, and it has been raised as an issue in the Justice Committee.

It is fair to acknowledge that the hon. Member for Dulwich and West Norwood was quite right when she referred to the comments of Lord Bingham of Cornhill. I have often thought that his book, “The Rule of Law”, should be made compulsory reading for Members of both Houses, not least because, although written by a distinguished lawyer, it is remarkably concise. It is worth bearing in mind that the common law doctrine of accessibility, to which the hon. Lady referred, grew up at a time when there were far fewer courts, distances between them were much greater, public transport was virtually non-existent and journeys took much longer. Everything has to be put into context; it is not a matter of absolutes; it is all about getting the balance right, as some hon. Members have said.

I repeat that there were court closures under Labour Governments, and the most recent set of closures occurred during the Parliament of 2010 to 2015. The Justice Committee was interested in the effect, because part of the argument has been the need at a time of pressure on the public finances to get maximum value for money. That is understandable, as is the fact that there has been a decline in the use of courts, particularly magistrates courts, because of the reduction in crime. I am told that use across the magistrates courts estate decreased by something in the order of 43% during that previous Parliament. That is not the whole picture, but it is fair to put it into the balance. I remember some magistrates courts being in poor condition—old, ill equipped and without the facilities to deal with the necessary separation of witnesses, victims and legal advisers, to which the hon. Member for Bridgend (Mrs Moon) referred. So not all closures are bad. There has to be a process of renewal and, sometimes, of consolidation.

[Mrs Moon]

Will the hon. Gentleman give way?

[Robert Neill]

I will, just this once.

[Mrs Moon]

I am sorry to intervene on the hon. Gentleman, but my point is this. We have spent hundreds of thousands of pounds on the project, and on making it viable for the future. Is it not nonsensical, having spent that money, to waste it by closing courts?

[Robert Neill]

I understand the point that the hon. Lady is making, but I will not go into individual cases, because that is not the job that the Select Committee has sought to take on.

In October 2015, following the 2010 to 2014 closure programme—the court estate reform programme, as it was described—during the previous Parliament, the Committee took evidence from Natalie Ceeney, chief executive of HM Courts and Tribunals Service. We asked, in particular, what progress had been made—[Interruption.] I hope that that is not my clerk or someone ringing me up. I think it is worse when it happens in court, Madam Deputy Speaker. I can only apologise.