Court Closures

Mary Creagh 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.

[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 ---

[Mary Creagh (Wakefield) (Lab)]

It is a pleasure to follow such thoughtful speeches from everyone, including the hon. Member for Bromley and Chislehurst (Robert Neill) and my hon. Friend the Member for Bridgend (Mrs Moon). I should also like to congratulate my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) and the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) on securing this debate.

Wakefield magistrates court is one of the 86 Courts and Tribunals Service hearing centres affected by this latest round of closures. That figure represents nearly one fifth of the total court estate and a cut of 20% to our access to local justice. Wakefield’s court is a vital community resource that provides access to justice for people in Wakefield, and its closure will undermine that access.

The closure is part of a series of changes to the justice system since 2010 which have been, shall we say, a little more stop-start. We have certainly seen a series of changes in the past month. The Justice Secretary has scrapped restrictions on the number of books that prisoners can have. He has also scrapped court charges of up to £1,200 for defendants who plead guilty. I welcome his latest U-turn to reverse the imposition of legal aid contracts in January, which would have harmed access to legal aid in my constituency and across the country. However, he did that only after 99 legal challenges and a judicial review. I shall say a bit more about legal aid later.

In September last year I launched a public petition opposing the closure of Wakefield court, and it has been signed by hundreds of people. The court closure is the latest threat to Wakefield city centre, because it comes alongside the announcement by the Post Office that Wakefield post office should be run as a franchise. That will affect the whole city centre, because if it closes and goes into W.H. Smith or one of our shopping centres, shoppers will no longer be drawn to the high street. That will have a huge knock-on effect on the city centre economy, as will the fact that we will no longer have police officers, council officers and lawyers from the court going into the city centre at lunchtime to buy a delicious sandwich from one of the many pasty, pie and sandwich shops that we are proud to have there.

There is cross-party concern about these closures. It is important that justice is not only done and seen to be done but that it is seen to be done locally. The closures will also result in more failed cases, as victims and witnesses will have to travel long distances to get to court. That will also waste police time, because officers will have to travel further to those courts. As my hon. Friend the Member for Bridgend said, this is just passing on cuts. In this case, the cuts will be outsourced to the police service, because it is the police who will have to spend time travelling from Wakefield to Leeds accompanying defendants or to give evidence. In the case of the family courts, it will be council officers’ time that will be spent in that way. This is not a cost-neutral solution. If we are looking at whole-government accounting, it would be useful for the Justice Committee to carry out a whole-cost inquiry into this matter, to determine the whole-cost implications. It is unacceptable to make a cut in one place that has to be absorbed by other parts of the system.

Local justice will not be seen to be done if Wakefield court closes, because the local press will not turn up to report cases being heard in courts many miles away. This will have a real impact on the excellent work being done by the journalists on the Wakefield Express, who go along to the court diligently each week to report on what is happening locally. A local solicitor has told me that the consequences of the closure could be catastrophic for some of Wakefield’s law firms. Solicitors will go where the work is, and firms that do not have offices in Leeds have talked about the possibility of moving out of Wakefield. That would be yet another big on-cost to our city centre. Those firms cannot afford to be in a city where there is no court, because they cannot afford to pay regular expenses for their lawyers to travel to Leeds.

The Government cut funding for our justice system by £2.1 billion in the last Parliament, with a further £900 million of cuts to come by the end of this Parliament. Despite those cuts, Wakefield magistrates court has been performing to a high standard. The Government said in their own consultation document that the building was “well used” and, according to the Law Society, Wakefield court is a “busy court” operating at a higher capacity than the England and Wales average. For the year to date, our conviction rate for cases in Wakefield district and magistrates court is 87%, compared with the national target of 85%. It also has a very low overall attrition rate of just 10%, compared with the national attrition rate target of 15%. This is particularly important in regard to protecting the vulnerable.

A couple of weeks ago I met Mabs Hussain, the new district commander of Wakefield police. He is rightly proud of the work that Wakefield police are doing to achieve a very high conviction rate for domestic violence. That has certainly changed for the better since I was elected as the MP for Wakefield 10 years ago. I can remember asking for a specialist domestic violence court for Wakefield and being told by a court official, almost with a pat on my hand, that I did not really understand domestic violence and that the trouble with such allegations was that he would find the parties involved sitting holding hands outside the court. It is always nice to be told what I do and do not understand by court officials. I left him in no doubt about my understanding and suggested that he perhaps needed to understand a little more about domestic violence and abuse cases. We have worked hard on this, and the council has worked hard on its Safe at Home project for victims of domestic violence. We have a conviction rate of 81% compared with a national target of 75%, along with a very low attrition rate. Commander Hussain is rightly concerned about what the court closure would mean in this regard. Wakefield also has a very low average for the number of days from first hearing to trial: 65 days compared with 103 days nationally.

This is the second round of court closures in Wakefield since 2010. We had the closure of Pontefract magistrates court in 2013, and the work of that court and its staff have now transferred to Wakefield. The latest closure will mean that all parties—victims, defendants, witnesses and solicitors—will need to travel into Leeds, which will significantly increase their travel times. The Minister has said that 95% of citizens will still be able to reach their court by car, but we have already heard that the courts deal with the poorest and most vulnerable people in our society. According to the Law Society, 47% of Wakefield court users will have to travel for more than an hour in each direction to reach a court by public transport. That will reduce access to justice.

I am concerned about the impact of longer, more expensive journeys on victims, witnesses, defendants and magistrates. Those living in Horbury and Ossett, or in villages such as Netherton or Middlestown, will have difficulty getting to Leeds by public transport on the sporadic bus services. What about the people who live in the old pit villages such as Hemsworth, Normanton, Pontefract and Castleford? They either go directly to Leeds or have to come into Wakefield on the irregular bus services, which often do not turn up, and change on to a train and then travel by foot, putting them at greater risk of bumping into the people whom they may be appearing against in court. I can tell the House from personal experience that that is not a comfortable place for a victim to be in. People on low incomes are also unable to claim back the travel expenses incurred when attending court. Some will never have been to Leeds in their lives, or perhaps only a few times. Such people do not have access to Google Maps on their smartphones and can easily get lost, and we heard earlier about the case of the man in his 80s who had to appear in court against his neighbour.

I want to give a concrete example from when I witnessed antisocial behaviour outside some school gates in Wakefield. I said to the lady that it happened to that I had seen it, she reported it to the police, and the case against this aggressive individual came up during the general election campaign. It was scheduled to be heard at 10 am, so I gave up my morning’s canvassing in the interest of local justice and seeing justice done. I sat in the victims room with the complainant, her husband and her neighbour, who had turned up in support—people often need one or two other people to support them. The defendant turned up with his solicitor and was then advised to plead guilty.

Until someone becomes a victim, it is hard to realise how important it is that witnesses and victims turn up. If they do not, the case will not proceed and the defendant gets away. That was brought home to me 20 years ago when I was the victim of assault. I stopped a large, rampaging group of girls who were kicking a young woman on a zebra crossing in north London and who went on to assault a tube worker and then me. It was only when I turned up at court that I realised how important it was that the victims were in that room that day when those girls pleaded guilty to the charge of affray. Nobody knows that until bad things happen to them, but it is important.

If people from my constituency have to drop their children at school at 8.50 am or 9 am, wait for the bus that comes at 9.15 am, get off the bus at quarter to 10, get a 10 am train into Leeds, arrive into Leeds at 10.15 am and walk to the court, it is probably 10.30 am and, if the case is listed for 10 am, it has already failed. This is really important for people in Wakefield. If the change has to happen, Wakefield cases should be listed in the afternoon to enable people to attend. The childcare issue, particularly for victims of domestic violence, cannot be overstated. Young people, victims of domestic abuse and all those who rely on public transport will be grievously affected. The Government are erecting hurdles for witnesses to overcome and that should not be the role of the justice system.

Legal professionals in Wakefield have told me how good our local court is at delivering local justice. There are concerns, such as those mentioned by the hon. Member for Bromley and Chislehurst and my hon. Friend the Member for Bridgend, about magistrates having no local knowledge or understanding—people who do not know about life and local circumstances in Wakefield and the surrounding villages. We will lose local decisions on local justice matters. The Government talk the talk about devolving power to communities, but their every action takes power away from local communities.

We have heard some creative examples of where court hearings could be held, but I am insistent that victims should feel comfortable and protected when they walk into court. Wakefield Council has a court chamber, and we have a county court building as well, where Bill Nighy did some filming a couple of months ago, which was an exciting day for our city—it certainly was for me. Such buildings could be used in specific cases.

On access to justice, the Lord Chief Justice stated two weeks ago:

“Our system of justice has become unaffordable to most”.

The Law Society describes access to justice as being

“on the verge of a crisis”.

Funding for civil cases has fallen by 62% since civil legal aid was cut. The closures will only serve to worsen that trend.

On the legal aid changes, the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara), is well aware of the case of Bobby and Christi Shepherd from my constituency, who died from carbon monoxide poisoning while on holiday in Corfu. Their parents, Neil Shepherd and Sharon Wood, were refused legal aid at first because lawyers are not usually required at inquests. I am eternally grateful to the Minister, who was able to work with us and the Legal Aid Agency to get the decision overturned after we petitioned the Prime Minister and secured a meeting with him.

There is another similar case. Zane Gbangbola died at his home in Chertsey during the floods in February 2014 and his father, Kye Gbangbola, was left paralysed from the waist down after a cardiac arrest. The parents believe that Zane may have been killed by cyanide gas that leaked from a former landfill site through the floodwater. Kye and his wife, Nicole Lawler, were told by the Legal Aid Agency that their request for legal aid had been rejected on the grounds that Zane’s inquest did not concern the public interest. I have discussed the matter with the hon. Member for Spelthorne (Kwasi Kwarteng) and hope that the Legal Aid Agency will review the funding as a matter of the utmost urgency. I hope that the Minister will personally intervene once again so that the family can get justice and will not have to present their own case and examine witnesses, the father doing so from his wheelchair, at the inquest.

The Minister has suggested that those too far away to attend court could appear via video link. Wakefield court already has up-to-date technological facilities, including its own prison-to-court video service, which is important because the constituency has two prisons: Wakefield prison, which houses high-risk offenders, and New Hall women’s prison.

In evidence to the Public Accounts Committee last week, Natalie Ceeney, chief executive of Her Majesty’s Courts and Tribunals Service, said that she had negotiated with the Treasury during the spending review to ensure that proceeds from the sale of any court building can be reinvested in modernisation. However, the Ministry of Justice has yet to dispose of 15 closed courts from its 2010 closure programme, at a cost to the taxpayer of at least £40,000 a month to secure and maintain, with figures not available for three sites. The old Pontefract magistrates court has fallen into rack and ruin in the town centre, and I do not want the same to happen in Wakefield. We already have a derelict Crown court building, which the council had to compulsorily purchase and will have to spend money on to prevent it from falling down. Although the savings are made nationally, local people pick up the cost through antisocial behaviour and ensuring that derelict buildings are secure and properly maintained.

From the Secretary of State for Justice, we have had changes to legal aid, prison reform, which is welcome, and he has U-turned on a range of issues, but there have also been mistakes that have cost money. The legal aid contract is an example of an intervention in the market that threw an entire system up in the air, causing huge upset and concern for people and their livelihoods, only for it to be withdrawn at the last minute. What have been the costs to local solicitors and law firms across the country from bidding for contracts and winning them or not winning them? The Minister would do well to listen before making another costly and damaging error.

Wakefield is a city with great people and great transport connections from north to south, but not from east to west—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the hon. Lady, who is making some very important points, and the House appreciates that, but I hope that she will soon be drawing her remarks to a close, because a significant number of other people are waiting to speak.

[Mary Creagh]

Thank you, Madam Deputy Speaker. I shall conclude my remarks by saying that justice is supposed to convict the guilty and protect the innocent, and there is a grave risk that these proposals will do the reverse.