Oral Answers to Questions

Mike Freer Excerpts

Tuesday 21st February 2023 Commons Chamber

[Rehman Chishti (Gillingham and Rainham) (Con)]

4. What steps the Government are taking to reduce the backlog in the criminal courts.

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

The outstanding case load at Chester Crown court at the end of September stood at 626. We are taking action across the criminal justice system to bring down backlogs and improve waiting times for those who use our courts. We have introduced new legislation to give more flexibility for cases to be returned to the magistrates courts, we have ramped up judicial capacity, and we are investing a significant amount of funding for the criminal justice system.

[Mike Amesbury]

We are now witnessing a backlog of 60,000 Crown court cases and 350,000 magistrates court cases, all as a direct result of political choices to close 260 courts, one of them in Runcorn in my constituency—it became a cannabis farm next to a police station before being burnt down. Does the Minister actually believe that a four-year wait for victims to have their day in court is acceptable?

[Mike Freer]

The hon. Gentleman is right on one count: it is about political choices. If the Opposition stopped backing strikers, there might not be the current case backlog in our criminal justice system, which is a direct result of action by the Criminal Bar Association. It is this Government who are increasing the judiciary, who have settled the dispute and who are increasing court capacity, for instance by opening more Nightingale courts. We are taking the action; the Opposition back the strikers.

[Mr Speaker]

It would also help to reopen the court in Chorley.

[Rehman Chishti]

In the context of addressing the backlog and engagement with the legal profession, when I spoke to leading criminal lawyers such as Sarah Forshaw KC, they raised with me a specific question: when will the Government appoint the chair of the Criminal Legal Aid Advisory Board? The board was set up in October 2022, nearly a year after the independent review conducted by Sir Christopher Bellamy. Is there to be another year’s wait before this appointment is made?

[Mike Freer]

The appointment of the chair following the independent review is currently being considered by the Secretary of State and an announcement will be made in due course. The board has met and continues to do its work. It is working effectively while we decide on the best form of chairing the meetings.

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

The Government’s common platform roll-out has been nothing short of disastrous. Among many other problems, I have heard of dozens of prisoners being released without the tags that their licence conditions demand and other instances where individuals have been detained in custody beyond their release date. This is all avoidable chaos caused by Tory incompetence. Can the Minister explain why, despite the best efforts of the staff, the data systems simply do not work? Will he outline when he will finally get a grip and sort out this very wasteful scandal?

[Mike Freer]

I have to say to the hon. Gentleman yet again that if he wishes to return to the legacy systems he is welcome to argue that case, but those systems are at the end of their useful life. Since taking on this portfolio, I have gone out of my way to speak to the practitioners—the people down at the sharp end—and ensure that their concerns are reflected in all the technological enhancements. To describe the common platform as a disaster is simply untrue. This Government are investing in modernising our criminal justice system; Labour Members are nothing more than luddites.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

5. What discussions he has had with Cabinet colleagues on the potential effect of withdrawal from the European convention on human rights on human rights in the UK.

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[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

14. If he will have discussions with his Cabinet colleagues on the potential impact of the quality of forensic science provision on the likelihood of miscarriages of justice.

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

The hon. Gentleman raises an important point. The Department has been working closely with the Home Office and other criminal justice partners to deliver on our commitment to drive up quality standards in forensic science. Yesterday, the House debated the new statutory code of practice required by the Forensic Science Regulator Act 2021, which will grant the independent regulator statutory powers to investigate providers who fail to meet the required quality standards and who may put the interests of justice at risk.

[Mr Sheerman]

Is the Minister aware that the Chair of the Justice Committee and I are co-chairs of the all-party parliamentary group on miscarriages of justice? The group is very concerned at what leading forensic scientists are telling us about the running down of the forensic science service in this country—a service that must be at the heart of any good justice system. Some £55 million was put into the pot to improve forensic science over the past three years, but nobody knows where it has gone, where it was spent or when it will take effect to stop the loss of great experts that we are experiencing.

[Mike Freer]

Again, the hon. Gentleman makes an important point. This is a complex issue and I am more than happy to sit down with him and my hon. Friend the Chair of the Select Committee to discuss it in further detail, to get their expertise and to see how we can move things forward.

[Beth Winter (Cynon Valley) (Lab)]

16. What steps he is taking to increase the availability of legal aid.

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

We have launched the early legal advice pilot; we have invested in domestic abuse legal aid; we have invested money for housing reform and immigration legal aid; and legal aid spending is £1.2 billion per annum. The Government have a record of delivery on legal aid, investing in key areas, unblocking access and ensuring that money is well spent to protect those who need access to justice.

[Beth Winter]

With the number of civil legal aid providers falling from more than 2,100 to fewer than 1,400 in the past 10 years and with areas such as the south Wales valleys, including my Cynon Valley constituency, becoming legal aid deserts, what assurances can the Minister provide that he will not allow further closures of legal aid providers before the review of civil legal aid concludes?

[Mike Freer]

In fact, since the new standard contract was introduced in October, we have seen an increase in duty solicitors and firms taking on legal aid. We have restored some stability to the system. I understand the hon. Lady’s concerns, but I can tell her that the Legal Aid Agency monitors the issue of what are known as deserts closely to ensure that no part of the country is left uncovered.

[Mr Speaker]

I call the shadow Minister.

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

The Government have repeatedly made political choices that have left our criminal justice system on its knees. They have recently found additional money to ensure that defence and prosecution barristers are given the 15% increase in line with the Bellamy review recommendation, but solicitors have been given only a 9% increase. That unequal decision puts at risk access to justice for victims, with more than 1,000 duty solicitors quitting in the last five years. Will the Lord Chancellor commit to funding all of Bellamy’s recommendations and put solicitors on the same footing?

[Mike Freer]

The uplift for solicitors and barristers has already started to be paid. The hon. Gentleman mentions duty solicitors and, as I have said, since the new contract has been in place, we have started to see an increase in the number of people taking on those roles and in firms taking on legal aid, so we are seeing the benefits of the investment in both the litigators’ graduated fee scheme and the advocates’ graduated fee scheme.

On the general investment in legal aid, I am aware of the concerns of the Law Society, with which I am having constructive discussions to try to find a way forward.

[Andrew Western (Stretford and Urmston) (Lab)]

17. What steps his Department is taking to improve processing times for cases involving violent and sexual offences.

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[Kate Kniveton (Burton) (Con)]

T5.   The Government have been reviewing the presumption of parental involvement in family courts for some time. Given that when this presumption is applied, it can put a child at risk of harm from an abusive parent, can I urge my right hon. Friend to publish that review as soon as possible?

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

I am aware that this is an incredibly sensitive issue, and one that the Government want to get right. I can reassure my hon. Friend that the Government will be publishing the response to that review very soon—as soon as we can do so.

[Mike Amesbury (Weaver Vale) (Lab)]

T2. Like those of many Members in the Chamber today, my constituency is a legal aid desert; in fact, the nearest centre for special provision, welfare advice, mental health and much, much more is miles away in Wilmslow. After 13 years of Conservative government, that is not good enough, is it? What is the Minister going to do to improve access for all?

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[Andy Carter (Warrington South) (Con)]

Around 12 months ago, the Minister set out a plan to recruit a further 4,000 magistrates. Can he give us an update on how that is progressing? What steps is he taking to retain the most experienced presiding justices?

[Mike Freer]

There are a couple of things we are doing to achieve our target of 1,000 additional judicial vacancies this year, which is on track, and I am willing to share that with my hon. Friend. We have reformed judicial pensions today. In addition, we have increased the age limit, so that we can retain the best judiciary.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is the Secretary of State aware that probably the greatest scandal in the justice system at the moment is joint enterprise? I believe that there are nearly 1,000 young people in prison with long sentences for it. He should take this cause to his heart. I will be here every time he is in the House, reminding him about joint enterprise, until he talks to the senior judiciary and gets something done about it.

[Mike Freer]

I am meeting the hon. Member for Edmonton (Kate Osamor) tomorrow to discuss this issue, and I am about to be briefed on the announcement that the Crown Prosecution Service made over the weekend on this subject. I will, of course, make sure that the hon. Gentleman is kept informed.

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

The Secretary of State will know the importance of good, reliable data in driving justice policy and will recognise the work done by the Legal Education Foundation and its director Dr Natalie Byrom in this regard. Will he welcome its establishment of Justice Lab, a new dedicated research centre in this field, which is being launched in Dining Room A in this House tomorrow?