Oral Answers to Questions

Mike Freer Excerpts

Tuesday 10th January 2023 Commons Chamber

[Peter Aldous (Waveney) (Con)]

19. What recent progress he has made on tackling the backlog of court cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

In the Crown court, the outstanding caseload has reduced from 60,400 in June 2021 to about 57,300 cases at the end of March 2022. However, the caseload has increased again, primarily due to the Criminal Bar Association action, which has now stabilised. We are taking action across the criminal justice system to bring down backlogs and improve waiting times for those who use our courts. That includes such things as increasing our judicial capacity and investing a significant amount of money across the criminal justice system.

[James Sunderland]

Could the Minister outline how he intends to reduce backlogs in the family court, in order to minimise the impact on families and children both in Bracknell and beyond?

[Mike Freer]

The issue of family courts is particularly pressing because of the impact on families and children. That is why we are investing a significant amount of funding by increasing the number of fee-paid judges, sitting days and judges who are able to sit, and we continue to invest significant sums in family mediation vouchers, to keep families and children out of the court system.

[Peter Aldous]

The backlog in court cases is causing enormous personal distress and anguish. My constituent originally in 2018 reported an historical rape. The trial has now been postponed four times and is currently scheduled for this June. I shall write to my hon. Friend providing full details of the situation, but can he leave no stone unturned in eliminating the backlog very quickly, as in such historical cases, justice delayed really can mean justice denied?

[Mike Freer]

My hon. Friend raises a very important point. While I cannot talk about a specific case, the allocation and listing of cases is a judicial responsibility, and I can reassure him that the judiciary continue to work to prioritise cases involving custody time limits, as well as those involving vulnerable complainants and witnesses, domestic abuse and serious sex cases. The judiciary are incredibly sensitive to the need to ensure that the most vulnerable complainants and victims get their day in court as fast as possible.

[Andy Slaughter (Hammersmith) (Lab)]

The civil legal aid review finally announced last week is an admission that cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have left the civil courts, which the Minister did not even mention, in a dysfunctional state, with a third of providers out of business and longer and longer delays in proceedings. The timetable for the review takes its implementation beyond the general election, which is another abdication of responsibility for the chaos in the courts that this Government have caused. Should they not bring forward either the review or the general election?

[Mike Freer]

I thank the hon. Gentleman for his comments. Reform of all parts of the justice system is a priority, but within the spending envelope that we are operating in, we have to spend the money where we can get the best return for our investment. If he has some serious options for how we could spend the money better, I am all ears.

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

Like the hon. Member for Waveney (Peter Aldous), I have seen extraordinary situations with cases of serious sexual assault where the court case has been listed three years after the attack, in one case, with the victim saying, “I just want to give up and get on with my life.” This is a real challenge. Will the Minister outline what he is doing to get more judges in place, which is one of the brakes on this? When the Public Accounts Committee looked at this, we concluded on the evidence that, even with the interventions he has outlined, the Ministry will only be back on target from where it was with the backlog before covid by about 2024-25.

[Mike Freer]

The hon. Lady raises an important point. There are a variety of reasons why cases can be delayed. It is not just about the availability of the judiciary; sometimes it is the availability of defence and prosecution. There is a particular focus on trying to improve the number of cases that do not come forward because they are incomplete and not ready, and there is a massive campaign to improve the number of available sitting days and courts, but the most important thing is the massive recruitment of 1,000 judges for our criminal justice system.

[Mr Speaker]

I call Sir Julian Lewis.

[Sir Julian Lewis (New Forest East) (Con)]

Thank you, Mr Speaker; it is kind of colleagues to respond in that way.

Some months ago, the Government took the welcome decision to raise the retirement age for justices of the peace from 70 to 75. However, the question of reinstatement for those previously caught by the 70 age limit has been left, I believe, to local regions, rather than a wider cohort being allowed to go back on the bench, even if they are willing to travel. Can more flexibility be put into this system, so that people can be reinstated under those circumstances?

[Mike Freer]

It is my understanding that this issue is subject to the oversight of the Lord Chancellor and the Lord Chief Justice. I understand that it is very firmly on their radar and that they will use their discretion as appropriate.

[Valerie Vaz (Walsall South) (Lab)]

Has the Minister seen the Law Society’s five-point plan to get rid of the backlog, including investing in buildings and staff and properly funding legal aid? If he has not, will he sit down with the Law Society? These people are at the heart of our justice system.

[Mike Freer]

I have seen the plan and I have sat down with the Law Society. The Lord Chancellor and I continue to have fruitful discussions to address the particular issues that the Law Society has raised.

[Mr Speaker]

We now come to the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

It is always someone else’s fault. I have listened to the Minister trying to talk up progress, but both he and I know it is not good enough. I can understand the anxiety in Government over the failure to make any real impact—at the current rate of progress, the backlog will continue into the next Parliament, if not beyond. The Minister will agree that it is bad for victims, staff and defendants and, above all, is a failure of justice. What will he do to reassure our dedicated court staff that he will get the disastrous common platform IT system sorted out? Will he confirm how much extra taxpayers’ cash is being thrown at the system to get it right?

[Mike Freer]

I can reassure the hon. Gentleman that the common platform is not a disaster. In fact, I have taken a specific interest in ensuring the roll-out is appropriate and that users are actually engaged.

[Alex Cunningham]

Have you spoken to the staff?

[Mike Freer]

I have spoken to staff, who said that yes, there are teething problems—that has been admitted—but they are fully committed. They understand that the common platform is a good programme and will work. We are listening to the staff to make sure it works. [Interruption.] The hon. Gentleman shakes his head. If he wishes to revert to legacy systems that will collapse and make things even worse, he is welcome to make that argument.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

4. What steps he is taking to support victims in the criminal justice system.

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[Navendu Mishra (Stockport) (Lab)]

21. What recent estimate he has made of the size of the backlog of criminal court cases in Stockport constituency.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The outstanding case load in the Crown court in Newcastle upon Tyne was 1,598 at the end of June 2022. In Birmingham, the outstanding case load in the Crown court was 1,748 and in Manchester, the outstanding case loads in the Crown courts were 1,271 and 1,259 at the end of June 2022. As I have said in previous answers, we are taking action across the criminal justice system to bring down the backlogs and improve waiting times for those who use our courts.

[Kate Osborne]

The Minister says that it is not a disaster, but the courts backlog has undeniably been made worse by the common platform system that Crown Prosecution Service members have been taking strike action over. It is a £300-million-plus IT scandal that has been dubbed “Horizon mark 2”; workers at my local court say that it is driving them to despair and judges have said that the system is not fit for purpose. Can the Minister confirm what cost-benefit analysis was done before making such drastic changes? What is being done to tackle the fundamental flaws in the system?

[Mike Freer]

First, I do not accept the characterisation of the common platform system. The hon. Lady forgets to mention the number of legacy systems that were on the verge of collapse, and they needed to be replaced. The members of staff I have spoken to accept that, while all IT roll-outs have teething problems, it is a worthwhile programme and will deliver benefits. If the hon. Lady would like to have the full implementation and benefits laid out in the business case, I will share what I can. On the ability to address the specific issues raised by members of staff, the programme team do on a regular basis engage with staff, and log all the issues and suggestions made by members of staff so that they can be resolved quickly.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Every Crown court centre in the country is affected by backlogs, which are rising to crisis proportions once more. The Government rightly resolved the issue of the availability of defence counsel by increasing defence fees, but now the issue is the continued and repeated unavailability of prosecution counsel. Since our system requires equality of arms—barristers of equal seniority and ability to prosecute and defend—is it not important that the Secretary of State and his junior Minister support the Attorney General in getting increased funding from the Treasury for equivalent prosecution fees so that we have a joined-up system?

[Mike Freer]

My hon. Friend raises an incredibly important point, and I share his concern about ensuring that all elements of the criminal justice system, whether solicitors or barristers, are paid and rewarded appropriately for their efforts. There is a continuing debate about how we can invest in the whole criminal justice system so that it runs smoothly for all those involved, but especially for victims. I am very happy to discuss the details with my hon. Friend next week, I think, in the Justice Committee.

[Afzal Khan (Manchester, Gorton) (Lab)]

While the Lord Chancellor is busy scrapping the Human Rights Act 1998, the criminal justice system is on its knees. The numbers of duty solicitors and criminal legal aid firms continue to fall at an alarming rate, yet the Government refuse to follow the recommendations of their own review of criminal legal aid, which has only worsened the courts backlog. What steps are being taken by the Government to improve staff recruitment and retention to ensure justice for victims and help reduce the courts backlog?

[Mike Freer]

I am very happy that the hon. Gentleman and I are meeting later today, when we can have a more detailed conversation, but the Bellamy report, which he alluded to, has been implemented. There are some elements we still want to work on to avoid any perverse incentives, but the investment this Government have made in the criminal justice system of £138 million will in our view bring the stability that he seeks.

[Rob Butler (Aylesbury) (Con)]

10. What steps his Department is taking to help offenders (a) desist and (b) find employment. [R]

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[Kate Osamor (Edmonton) (Lab/Co-op)]

11. If he will make an assessment of the reasons for racial disparities in the level of convictions for joint enterprise.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The Government recognise that convictions based on joint enterprise appear to affect ethnic minority groups disproportionately. However, the Crown Prosecution Service can only apply the law when making charging decisions and plays no part in the decision making on individual joint enterprise cases. Data is collected on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether the crime was part of a joint enterprise. However, we are considering whether such data could be collected as part of the common platform programme.

[Kate Osamor]

I thank the Minister for his response but research by the Centre for Crime and Justice Studies suggests that the doctrine of joint enterprise is routinely applied in a racist way leading to many miscarriages of justice. Assessing why it disproportionately targets ethnic minority communities, especially young black men, is only the first step; what is needed is urgent action. Will the Minister tell us what he is doing to right historical wrongs and prevent future miscarriages of justice due to joint enterprise?

[Mike Freer]

What I can do is confirm that the Government have of course implemented many of the recommendations of the Lammy review. I understand how passionately the hon. Member feels about this, so I would like to sit down with her and go through some of the specific issues she wants discussed in more depth, rather than talk across the Dispatch Box; I think that would be more fruitful and practical and I hope the hon. Member will accept my invitation.

[Maggie Throup (Erewash) (Con)]

12. What discussions he has had with Cabinet colleagues on reducing waiting times for cases in immigration courts.

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[Tim Loughton (East Worthing and Shoreham) (Con)]

In February, it will be four years since my private Member’s Bill became the Civil Partnerships, Marriages and Deaths (Registration Etc) Act 2019, obliging the Government to introduce regulations giving coroners powers to investigate stillbirths. During Justice questions on 18 October, I asked the Minister why nothing had happened, and asked for a meeting to make progress on the issue. Three months on, still nothing has happened. Why not?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

My hon. Friend is right—he has raised this matter before—and I shall be happy to sit down with him and find out what the logjam is so that we can move this forward for him.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

It is simply unacceptable that drug dealers are able to continue to peddle their trade so easily behind bars. Last year, there were 17,700 cases of drugs being found in prisons, an increase of well over 411% since the Conservatives came to power in 2010. Who exactly does the Secretary of State blame for this failure in law and order?

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[John Cryer (Leyton and Wanstead) (Lab)]

In answer to Question 11, asked by my hon. Friend the Member for Edmonton (Kate Osamor), what the Minister seemed to say was that he was willing to assess the racial disparities in joint enterprise prosecutions once the data was available, which it is not at present but which it will be in the near future. Am I right to draw that conclusion?

[Mike Freer]

What I said was that the issue was complex, and that I would be happy to sit down with the hon. Member for Edmonton to go through the exact details and the exact concerns, rather than addressing such a sensitive issue across the Dispatch Box, so that we could have a meaningful discussion and see whether we could find a way forward to resolve the underlying issues.

[Alison McGovern (Wirral South) (Lab)]

Five years ago, the Right Rev. James Jones reported on the experience of the Hillsborough families. My constituents and I are waiting for the Government to introduce a Hillsborough law that will change the way in which justice is delivered in this country. When will that happen? We are sick of waiting.

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[Rachael Maskell (York Central) (Lab/Co-op)]

Speed is compromising scrutiny in the magistrates court when it comes to the issuing of warrants to fit prepayment meters. In one court, 496 cases were signed off in just 3 minutes and 51 seconds, including cases involving children, disabled people and people experiencing fuel poverty. What steps will the Minister take to ensure that magistrates scrutinise every single application?

[Mike Freer]

I appreciate that this is a sensitive issue for families and people who can be very vulnerable. Obviously the judiciary is independent, but I will raise those concerns with the judiciary to see if I can find out the details, and stress the importance of getting it right and not rushing justice.

[Andy Slaughter (Hammersmith) (Lab)]

What advantages does the Secretary of State see in convening a special international tribunal to try offences committed in Russia’s war on Ukraine, including the crime of aggression?