Remote Observation and Recording (Courts and Tribunals) Regulations 2022

Meg Hillier Excerpts

Tuesday 19th July 2022 General Committees

[Miss Dines]

In relation to the finances, a great deal of money has been put aside by the Government to fund the infrastructure and technology generally, and for the draft regulations. In 2021, we spent £15.8 million on audio and video technology in our courtrooms. The Government are investing more than £1.3 billion to transform HM Courts and Tribunals Service, and invested a further £142 million during the pandemic to upgrade court buildings to ensure that they are digitally enabled. On the specific costs, digitally enabling Crown courtrooms costs £90,000 and magistrates courtrooms £70,000. About 70% of courts and tribunals have audio and video technology in place, and for Crown courts the figure jumps to more than 90%.

There have been extensive informal consultations. Judges and tribunal leaders have discussed implementation regularly. I stress that we do not in any way find that the draft regulations impose any fettering of the already wide discretion of every judge to have control of his or her court. There is nothing new here.

In relation to the protection of witnesses and other participants, exactly the same principles are in place. Judges, being in charge of their courts, look very carefully at each and every application for somebody to observe, whether it is remote or in person. The general nature of the draft regulations is to make observation more transparent and to make it more possible, including for those whom I mentioned earlier who might not find it physically easy to attend. I hope that responds to most of the points made by the hon. Member for Stockton North.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

I welcome the Minister to her position. I have two questions. First, when we looked at the issue in the Public Accounts Committee—at all issues around remote proceedings—no proper evaluation was planned by the Ministry of Justice for the impacts on how justice is done, in particular with regards to witnesses. Secondly, while people have to give their name, address and details to the judge before any agreement for them to watch something remotely, what safeguards are in place to ensure that they are not doing so in an open environment? That might be against the law, but it is very easy for someone, whether a journalist or another, to be watching, or for someone even just to wander through the space in which it is being watched. There are sanctions in law, but what safeguards are in place to prevent that happening inadvertently or deliberately?

[Miss Dines]

As I mentioned earlier, under section 199 of the Police, Crime, Sentencing and Courts Act, it is an offence punishable by a fine of £1,000 and up to two years in prison if found to be a contempt. That is a high level of punishment for any unexpected forward transmission, which would be against the law. The courts take this extremely seriously. The hon. Member will probably recall from newspapers and the media that contempt of court has been dealt with extremely seriously by judges. I have no doubt that this would be dealt with in the same way. I emphasise that the measure is to create more open justice, but in a safe way, where there has been proper evaluation.