Courts Service

Mark Williams Excerpts

Wednesday 14th July 2010 Westminster Hall

[Mr Mark Williams (Ceredigion) (LD)]

It is a pleasure to serve under your chairmanship, Mr Hood, and I am grateful to have secured this debate. Reorganisation of the Courts Service will have a significant effect on the way in which justice is provided throughout the United Kingdom. I hope that this debate will provide an opportunity for hon. Members throughout the House—there is a healthy bias from Wales in the Chamber—to reflect on facilities that may be changing in their constituencies. Notwithstanding consultations, I am sure that the Minister will take note of the points raised this afternoon. In the spirit of constituency interests, I shall concentrate on the future of the magistrates court in Cardigan, and access to justice in Ceredigion and more generally in the rural communities that many of us serve.

The consultation document usefully sets out the distances involved in closing various courts, and the public transport implications for constituents. The alternatives to the magistrates court in Cardigan are Aberystwyth in the north of Ceredigion and Haverfordwest in Pembrokeshire. The consultation document states that Cardigan is 38 miles from Aberystwyth and 29 miles from Haverfordwest. They are further away than any of the alternative courts that are proposed for closure anywhere in Wales. The distances that people will be expected to travel are longer than any others on a long list in Wales.

However, there is optimism about the public transport alternatives, although my confidence in the public transport system is not shared by many of my constituents. Someone going to court in Aberystwyth in the morning would have to catch a bus from Cardigan at 7.20 am, and then face a significant walk from the bus stop. When referring to points on a map, we are talking not about A to B or B to A, but about vast geographic areas. We are talking not just about the people of Cardigan going to Aberystwyth, but about large communities—Aberporth, Llanarth, Llandysul—and huge swathes of west Wales. We are talking not about bus services and other transport links from Cardigan, but about those from outside. Rurality and public transport has largely been ignored in the consultation document to date. Many residents of the villages in south Ceredigion are simply unable to get to Aberystwyth or Haverfordwest in the morning by public transport.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Does the hon. Gentleman share my concern that problems with public transport bear down particularly on those who are most vulnerable and who lead the most chaotic lives in society? The previous Government were happy to close down magistrates courts, including that at Trowbridge in my constituency. That argument may apply more to magistrates courts than to county courts, but it worries many of us that those who will be most disadvantaged by the closure programme are the most vulnerable in society.

[Mr Williams]

I share the hon. Gentleman’s concerns. There is an underlying assumption that public transport is an add-on and that people can access court facilities in a private vehicle, but that does not apply to many of the people to whom he referred. They are completely reliant on public transport, and all too often it does not exist.

[Albert Owen (Ynys Môn) (Lab)]

I congratulate the hon. Gentleman on securing this important debate. He is talking about people on the periphery, and there is a double whammy because many facilities in Wales are drifting eastwards from areas such as those that he and I serve. Does he agree that the proposed local government cuts will impact on the transport system, which is already fragile in such areas, so there is a double whammy with the closure of justice centres and contraction of the transport system?

[Mr Williams]

I appreciate the hon. Gentleman’s concern. I have tried to raise the same point over the past five years. For example, the bus subsidy grant from which many of my constituents have benefited has contracted over the past five years. Given the challenges to the public purse, that contraction looks set to continue. That is a worry, and I shall not deviate from that.

Access to justice is a key right for us all, and we will not be able to run the most economically efficient service without failing to provide the level of service required. That does not mean that we should never seek savings from the service or explore other ways of delivering a better service, but we must fully consider the impact of the loss of that service on the community.

[Dr John Pugh (Southport) (LD)]

I congratulate my hon. Friend on securing this important debate. I agree that reducing the number of courts is all about savings, but all the research that I have looked at shows that the real waste in magistrates arises from an appreciable amount of non-attendance and people not being chased up for their fines. I do not understand how reducing the number of magistrates courts will improve non-attendance.

[Mr Williams]

My hon. Friend draws our attention to a practical problem. Some of us are looking further ahead to ensuring that the magistrates court system serves people. We are discussing not short-term decisions, but a longer term view of the network that we want. The issue is valid.

I note that the consultation objectives include the commendable pledge to

“ensure the estate supports the challenges of rural access”.

Having looked at the documentation, I contend—I suspect that others will share my view—that that is not the case. The problem of access is not unique to rural areas, but it is a huge problem, and will be detrimental to Cardigan and the surrounding area.

[Chris Bryant (Rhondda) (Lab)]

I am glad that the hon. Gentleman made the point about rural and non-rural areas. The Rhondda is not rural in one sense, because there is a conglomerated community and people live close to one another. However, if Llwynypia magistrates court disappears, the number of people who are unable or fail to attend court is likely to increase dramatically because they will have to travel all the way to Pontypridd. It is likely that many people, including the victims of crime, will not receive justice, and defendants may get off scot-free.

--- Later in debate ---

[Mr Jim Hood (in the Chair)]

Order. We have had five interventions, each of which has been a wee bit longer than I expect interventions to be. If other hon. Members are tempted to intervene, perhaps they will be brief.

[Mr Williams]

Thank you, Mr Hood. I congratulate the hon. Member for Rhondda (Chris Bryant) on his early-day motion 312, and prompted by the excellent research note, I have just signed it. He is right to make the point, but he will forgive me if I focus on the rural challenges. I am sure that he will make the point about urban communities. The problem involves the practicalities of living in rural communities and accessing services, but access to justice as a right is a much bigger picture. He mentions in his early-day motion victim support and the implications for that.

A constituent of mine, who is a justice of the peace, acknowledges that usage of Cardigan court is low, and that that is largely due to the facilities not being good enough to accommodate many cases because of under-investment over the years rather than lack of need. Custody cases cannot be heard because of a lack of suitable cells; special measures trials are difficult because of a lack of facilities; and the court is not compliant with disability discrimination legislation. If the villages south of Ceredigion and north of Pembrokeshire are included, he estimates a catchment area of nearly 40,000 people, which should surely be enough to justify a modern court building with the necessary facilities to hold a wide range of cases.

It is also crucial to remember that the closure will not only affect those individuals who will be denied convenient access to justice. Legal providers and witnesses will be forced to travel extra distances, which might be an added deterrent. If police officers are required to give evidence, those based in Cardigan will have an additional distance to travel. There is pressure on neighbourhood policing in rural areas. The areas are vast and, as the hon. Member for Ynys Môn (Albert Owen) will agree, there is a problem of resources. The pressures on police forces in rural areas look set to continue.

A concentration of court services away from rural areas could lead to the same trend in the availability of legal advice. People will have to travel to Aberystwyth to attend court, and they may have to travel to access legal advice. Even if that doomsday scenario is not reached, the closure will certainly have an impact on local providers of legal services.

I welcome the fact that the documentation contains a section on rural-proofing, but I fear that Cardigan is a long way from being rural-proofed. The standard of public transport is not adequate for the purposes suggested in the proposals. During a debate on court closures in Yorkshire that took place in Westminster Hall last week, the Minister stated:

“Recent improvements in transport and communication links mean that people can travel further in less time if they need to.”—[Official Report, 7 July 2010; Vol. 513, c. 131WH.]

I am sure that that is true in many parts of the country, but it is not the case in west Wales where public transport has suffered over the past few years and, if anything, we have a less comprehensive service than that of several years ago.

I accept that there will always be local opposition to any change in the service, but I have been struck by how strongly people in Cardigan feel about this proposal, and the impact that it will have on the community both because of difficulties with public transport, and because of straightforward concern about lack of access to justice.

[Albert Owen]

There is also an economic argument. Many of the court areas have solicitors’ offices built around them. That is certainly the case in Llangefni in Anglesey. Does the hon. Gentleman recognise that and does he agree that measures have already been put in place for legal providers to move to other courts, as has been highlighted?

[Mr Williams]

I agree with the first point, which was the concern I raised earlier. Legal providers will move to the destination of the court, and that will leave a vacuum elsewhere. Many people will be concerned about the impact on areas that have high levels of deprivation. Cardigan contains the two most deprived wards in Ceredigion, Teifi and Rhydyfuwch, which are in the top 20% most deprived wards in Wales. In the community safety domain of the Wales index of multiple deprivation, which covers recorded crime, youth offenders, adult offenders and fire incidence, Cardigan’s Teifi ward is in the top 5% of the most deprived wards in Wales. Consequently, Cardigan town council has written to me and to the Secretary of State expressing its concern at the proposals and raising many of the points that I have mentioned. The council was grateful and pleased that Cardigan has acquired a new police station with eight cells, but it feels that there should be a new court building adjacent to that police station.

There has been some suggestion that we should move towards a model that has group facilities and can achieve swift, community-based justice and make operational savings. The combination of facilities on a single site has many advantages, but I fear that sometimes the understandable drive for efficiency has clouded the vision of the best way to provide justice. Although we are not in a position to build many new facilities across the country, if we lose locations that provide a greater function to the justice system, there is a danger that we will never be able to implement that vision.

It has been suggested that Aberystwyth—38 miles north of Cardigan—is capable of taking on the extra work that would be necessitated by the closure of the court at Cardigan. The consultation points to the construction of a new justice centre in Aberystwyth, which I welcome, but the Minister will be well aware of the delays in that project after the collapse of the developers involved. Originally, the project was to have included a Crown court, with Aberystwyth serving as a mid-Wales hub for justice. Currently, the nearest Crown courts are in Carmarthen, Swansea and Welshpool.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

And Dolgellau.

[Mr Williams]

And Dolgellau—I thank the hon. Gentleman for adding that to my list. There remains a case for a Crown court in Aberystwyth, even if the money is not currently available.

I have written to the Minister and his predecessor, Bridget Prentice, who I met. However, there is as yet little concrete information to report. As such, the closure of a magistrates court in Cardigan is predicated on a project that we hope will happen, but for which we have no time scale. I hope that that concern will be noted in the consultation.

The Cardigan and Tivyside Advertiser, which serves Cardigan and the surrounding area, has launched a campaign to save the court. One of its concerns is about the continuation of court reporting which, as I am sure the Minister will agree, is vital to our democracy. The newspaper does not have the resources to send reporters to Haverfordwest or Aberystwyth, and if the court closes, it will have to end its reports on Cardigan cases. That is not a justification for keeping the court, but it is an important point none the less.

Concerns have been raised about the decline of court reporting and the impact that that has on transparency. By and large that decline has been the result of newspapers deciding that it was not in their economic interest to cover court cases, but if the Government take decisions that will impact on public access to information about court proceedings, that factor should be considered.

Under the proposals, Ceredigion and Pembrokeshire local justice areas are to be merged. I do not oppose that, as it seems to be a sensible extension of the collaborative work that is already taking place. However, I seek clarification from the Minister that justices of the peace would not be required to be on the bench for all courts within that larger area, as that could become unmanageable. The principle of the merger, however, has been accepted, and I hope that any issues of practicality can be resolved.

One of the justifications for the proposals is the cost. The reorganisation is expected to save about £15.3 million a year, and make a one-off saving of £21 million from backlog maintenance. Closing the court at Cardigan means a saving of £88,000 a year, as well as a saving of £85,000 from backlog maintenance. Although all savings are to be welcomed, those figures are relatively small—perhaps they will multiply as we hear from other hon. Members about their own areas. We must consider whether the savings provide value, and Ministers will have to decide whether the loss of the service is worth the savings that will be made. In Cardigan, I do not think that that is the case.

The Magistrates Association has noted that while the consultations are carried out, an advertisement has been placed for 30 district judges. That has caused understandable concern to lay magistrates. I would be grateful if the Minister would address that point and provide some reassurance to lay magistrates that their role in the justice system remains valued.

I appreciate that money can be saved from the Courts Service, and I appreciate the need to find savings across the Government. However, this decision is not about cutting budgets for a few years, but about depriving communities of a service for a generation if not longer. The Minister has rightly stated that the Government will be judged not on the amount of money spent but on the quality of justice provided. That is a fundamental principle. On that basis, has he considered the suggestion by the Magistrates Association to allow magistrates courts to do more, thereby ensuring that our courts are properly used and provide local access to justice?

The Government must make their decision based on the need for the service. There is good reason to reorganise the Courts Service, and consider which courts we want and need and which ones we do not. However, that must not be obscured by the search for savings in which all Ministers participate. These are crucial decisions that will shape the nature of justice in Ceredigion and the rest of the UK for many years. This service should not be decided on the basis of the bottom line.

--- Later in debate ---

[Mr Djanogly]

There are a large number of issues. I will come to some of them, but if I give way frequently, there is no way I will get through the points made today. We need to focus on delivering more with less, and on ensuring that we are delivering value for taxpayers’ money. When HMCS owns, manages and pays for a court building, it is my responsibility to show that it is cost-effective. It is right to set a minimum utilisation rate of 80% across each local justice area so that local courts and magistrates can make local decisions about where work should go.

The court reform consultation seeks views on proposals to close 103 magistrates courts and 54 county courts that are underused and/or have inadequate facilities. The consultation lasts until 15 September and all responses will be fully considered before a decision is made. The consultation sets out a sustainable arrangement of court services across England and Wales to meet the needs of local communities, and allows us to deliver services in the most efficient way. The proposals will achieve running-cost savings of some £15.3 million per year, as well as enabling us to avoid a backlog of some £21.5 million of maintenance costs. A further assessment will be necessary of the level of savings that could be achieved and the potential value that could be released from the disposal of properties.

Local justice is important. We need to think about what that means for today’s society, and I welcome responses to the consultation. People should not have to make unreasonably long journeys to reach a court. The vast majority of the public should be able to access a court within an hour’s travel, but proximity to a court should not be the only consideration. We also need to consider utilisation, the maintenance situation, the speed cases are dealt with and the quality of the facilities for court users within a courthouse.

I confirm to the hon. Member for Ceredigion that we are considering how we can enable magistrates to work more effectively. HMCS will work with justices of the peace to rota them to the courts that are most convenient for them. The structure and organisation of our courts has evolved over years. We need to take a step back and think about how we would ideally organise this important public service. We need to make courts available in the areas that need them, but I contend that we simply do not need 530 courts across the country. Instead, we must focus on ensuring that our courts are multi-functional and able to deal with all the work quickly and effectively.

In recent years, we have seen a dramatic reduction in cases that need to go before magistrates and county courts. In answer to the hon. Member for Garston and Halewood, in magistrates courts that has happened in part thanks to the increased speed and efficiency at which the magistracy process works, allowing a reduction in the time taken between charge and disposal, and a dramatic reduction in the number of unnecessary intermediate hearings. However, we also know that more defendants are pleading guilty at the first hearing, and that certain types of case no longer need a judicial hearing, such as low-level nuisance offending and licensing cases.

It may help the hon. Lady if I mention some figures that illustrate that trend. Cases commenced in the magistrates courts fell by 33% between 2004 and 2009. In 2009-10, 33 magistrates courts sat for less than 33% of their total available hours, and 55 courts sat for less than 50% of their total available hours. Since 2007, the number of hearings per case has fallen by more than 20% to 2.26 hearings per case in 2009-10. So in five years, there has been an overall reduction in the magistrates work load of around a third. In turn, that has resulted in the magistrates court estate being utilised at an average of only around 65%. In county courts, reductions in work load stem from the wider availability of alternatives to court, such as the range of alternative ways of resolving disputes. If people can be spared the inconvenience and, for some, the stress of attending court for routine matters that do not need to go before a judge, we should do all we can to open up alternatives for them.

I turn to the matters relating to the constituency of the hon. Member for Ceredigion and the proposal to close Cardigan magistrates court. He will have a fuller answer than other hon. Members, because he initiated the debate. However, if other Members wish to know more, they can write to me later.

If Cardigan magistrates court were to close, the work would mainly transfer to Aberystwyth magistrates court. Merging the Ceredigion and Pembrokeshire local justice areas, as is also proposed, would allow cases to be heard at Haverfordwest magistrates court. I am aware that the utilisation rate of Cardigan magistrates court is extremely low—just 22%—which is in part because of the lack of custody facilities at the court. That has resulted in a much reduced variety of work being heard there.

Let me make the situation clear. The utilisation rate across the whole Dyfed Powys criminal justice board area is just 47%, which means that there is a general over-supply of courtrooms and little justification to spend additional money on new facilities and courts in the area. If Cardigan magistrates court were to close, the hon. Gentleman is understandably concerned about the difficulty his residents and people who live in the surrounding area would face in travelling to court elsewhere.

The hon. Gentleman made the case generally for west Wales. He should advise the consultation of his concerns, which will be listened to and considered in the consultation’s impact assessment. I welcome responses on that and any other concerns about potential impacts.

[Mr Mark Williams]

I am grateful to the Minister for what he has said so far, but I would like to hear a little more about rural-proofing. I was concerned enough about Ceredigion and west Wales, but having heard some of the earlier contributions, I am now even more concerned about the situation in Hexham and in north Wales generally. People will have to travel vast distances, and the public transport system simply does not comply with those needs.

[Mr Djanogly]

Let us consider that travel problem as it relates to the hon. Gentleman’s constituency, which I am sure he wants to hear about. The distance between Cardigan and Aberystwyth is 38 miles, which is about an hour’s drive, or approximately two hours by bus. The distance between Cardigan and Haverfordwest is 29 miles, which is a drive of around 48 minutes or a bus journey of approximately one hour and 15 minutes. I accept the point that those distances are measured from the current court and that some of his constituents will have longer journeys.

However, by merging the Pembrokeshire and Ceredigion local justice areas, it should be possible to be more flexible and effective and to have fewer cases, with the location of victims, witnesses and defendants in mind. For example, HMCS could work with the police to ensure that cases originating south of Cardigan are heard at Haverfordwest and that those originating north of Cardigan are heard in Aberystwyth. However, when discussing travelling distances and times we must bear in mind that people in the surrounding area often have their own transport arrangements for other purposes. In any case—I say this in reply also to my hon. Friend the Member for South West Wiltshire (Dr Murrison)—most members of the public will need magistrates court services pretty infrequently in the course of their lives.

The hon. Member for Ceredigion referred to the redevelopment of the court at Aberystwyth, which I realise is of as great interest to him as the potential closure of the court at Cardigan. Although work from Cardigan could now easily be absorbed at Aberystwyth, he will be aware that HMCS plans to build a new court at Aberystwyth. Nothing would please me more than to give him greater certainty about the future of that project, but he will appreciate that I am unable to do so at the moment. It is within the HMCS portfolio of major building projects and is at the final business case stage, but as the proposed construction will run into 2011-12, the project will need to be assessed by the Treasury in the spending review process.

The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) referred in his speech to the magistrates court at Ammanford, and I assure him that we have given thought to its inclusion in the proposals. There are two courts in his constituency on whose closure we are consulting—Ammanford and Llandovery magistrates courts. If closed, it is envisaged that work from those courts would be transferred to Llanelli and Carmarthen magistrates courts, but no decisions will be made on work load transfer until the consultation responses have been considered and the Secretary of State has decided which courts will close.

My hon. Friend the Member for Brigg and Goole (Andrew Percy) today made his second passionate speech in defence of his local courts, and I agree with him. He will wish to make his further findings known to the consultation.

I will write to the hon. Member for Vale of Clwyd (Chris Ruane) to respond to his numerous questions, but I can assure him now that in our view the consultation period is adequate. The hon. Member for Dwyfor Meirionnydd (Mr Llwyd) has much court experience, and he spoke strongly about the courts in his constituency being consulted about closure. I assure him that access to justice is relevant to the consultation, but good, efficient and timely justice is not necessarily a question of bricks and mortar.

We need fresh thinking on the wider question of access to justice. We need to consider whether the ideas of the past about needing a court in every town are relevant today, or whether, as with almost every other aspect of modern life, things can be done differently. We need to embrace innovation and technology to ensure better access to justice and meet the needs of modern society. We are already doing much to improve the service experienced by witnesses, defendants and other users of the courts. We have increased access to online and telephone services; currently, 70% of money claims and the vast majority of possession actions in the county courts are issued centrally via electronic channels. People can pay fines online for driving infringements or for not paying their TV licence fee on time. They can also pay off debts or court fees online using a wide variety of methods.

I am not sure how much time I have remaining, given the suspension.