Oral Answers to Questions

Mike Freer Excerpts

Tuesday 12th September 2023 Commons Chamber

[Peter Aldous (Waveney) (Con)]

5. What steps his Department is taking to reduce the backlog of criminal court cases.

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

My hon. Friend raises an important point, and we remain committed to working with our partners across the criminal justice system to try to ensure that court processes are as efficient as possible. We have introduced a raft of measures to achieve that aim, including allowing courts for a third year in a row to sit for an unlimited number of days, with extended use of 24 Nightingale courtrooms. In addition, we have opened two permanent super-courtrooms in Manchester and Loughborough and are recruiting an additional 1,000 judges across all jurisdictions.

[Peter Aldous]

I am grateful to my hon. Friend for that reply. In Suffolk, the backlog of criminal court cases remains stubbornly high, which is not only denying victims justice, but placing a huge burden on the police and costing the local taxpayer a fortune. Working with Suffolk’s police and crime commissioner Tim Passmore, can my hon. Friend produce a comprehensive and bespoke plan that first clears the backlog, and then sets out a long-term strategy for the efficient functioning of the courts in the county?

[Mike Freer]

I can reassure my hon. Friend that in Suffolk the disposals to March 2023 were up by 23% on the previous quarter, while the outstanding case loads slightly reduced in the same period. That reflects the hard work that is done with our partners to ensure that we get through the case load as fast as possible. We continue to work with the judiciary to identify how we can get the high workload moving more smoothly. Across the Department, and working with our partners, the Crown court improvement group continues to look at best practice and the local criminal justice board will always look at best practice across the country to see what we can do to ensure that his area continues to perform.

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

Is the Minister aware that the criminal courts are full of cases relating to joint enterprise, a terrible miscarriage of justice? Will he and the Justice team promise to meet me and the campaigning group JENGbA—Joint Enterprise Not Guilty by Association—to see whether we can clear the justice system of the many people who should never have been in the courts?

[Mike Freer]

The hon. Gentleman has campaigned on that issue for some time, and I have met his colleague, the hon. Member for Edmonton (Kate Osamor), to discuss it. The data collection does not support the identification of cases relating to joint enterprise, but I understand that the Crown Prosecution is now doing an exercise on better data collection to see whether the issue that he continues to raise, quite rightly, is borne out by the data, and we can see what action we might take to address any injustices.

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

As the hon. Member for Waveney (Peter Aldous) pointed out, chaos in our courts continues. Now, 500 security guards have voted for strike action after a pay offer worth just 38p an hour above the minimum wage. Peter Slator, chairman of OCS, which employs the guards, says in his annual review:

“This was an exceptional year where our colleagues went above and beyond to deliver reliable, high-quality services for our customers around the world in the most challenging circumstances. The reliability and resilience of our frontline colleagues during the pandemic has been exceptional.”

I am sure the Minister will agree that the Government should pay Mr Slator’s company enough for him to deliver fair pay. Will he intervene to stop further chaos in our courts?

[Mike Freer]

Our courts are not in chaos. [Interruption.] I am sure that if the hon. Gentleman took the time to talk to all partners across the criminal justice system, they would bear that out. All elements of the criminal justice system, in whatever role they play, continue to ensure that it works smoothly. The pay award is a matter for the private sector employer; I will not intervene.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

6. What recent discussions he has had with the Scottish Government on justice.

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

I am pleased to say that the inaugural meeting of the inter-ministerial group on justice is taking place this afternoon, chaired by Lord Bellamy and attended by the Scottish Government Cabinet Secretary for Justice, Angela Constance MSP, as well the Counsel General for Wales, Mick Antoniw MS. That new forum has been established by an agreement between the four nations of the UK. It has discussed justice issues of mutual interest.

[Jamie Stone]

I rise as a convinced devolutionist. In fact, I think I am the only Member of this place whose signature is on the Claim of Right for Scotland. As and when a new law is agreed in Edinburgh or Cardiff, say, what mechanism is in place to ensure that any such new law will not disrupt either England or other parts of the United Kingdom?

[Mike Freer]

The hon. Gentleman raises a good point. We have more recently seen the Scottish Government attempt to railroad the rest of the UK on gender recognition. It is better when our legislatures work in tandem for the benefit of all parties, not when Scotland tries to disrupt other parts of the United Kingdom with ill-thought out legislation.

[Mr Speaker]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

The Government will amend the Misuse of Drugs Act 1971 this afternoon. That 50-year-old piece of legislation controls the shape of Scotland’s criminal justice system to punish drug addiction with the full force of the law rather than treat users, in health settings, as addicts with health conditions. What conversations has the Minister had with Cabinet colleagues in the Scottish Government on introducing a safe drug consumption room pilot in Glasgow?

[Mike Freer]

I am not sure, based on recent reports, that that particular pilot is working well. I will happily ask colleagues to see whether that pilot is working as the hon. Gentleman says it is, but that is not what the newspapers are reporting. The UK Government’s response to it is something for the inter-ministerial group, which is meeting this afternoon.

[Chris Stephens]

I am a bit confused by the Minister’s response. There currently is no pilot in Glasgow, but perhaps there have been some positive discussions between the Scottish Government and the Government here. Given that there are 100 drug consumption rooms in more than 60 cities across the world, supported by mountains of evidence from NGOs, civil society groups and drug activists, alongside the Lord Advocate’s new policy not to prosecute drug users for possession offences committed within a pilot safer drugs consumption facility, can the Minister give an iron-clad commitment that the Government will not block this life-saving health measure?

[Mike Freer]

How that legislation is dealt with is a matter for other colleagues, but I can reassure the hon. Gentleman that, if treating drug taking as a health issue is working as he suggests it is, we will learn from that and discuss it with our colleagues in the NHS. The broad principle of it being a health issue is being dealt with by the NHS and the Health Secretary. In terms of legislation, that is a matter for Cabinet colleagues.

[Ms Lyn Brown (West Ham) (Lab)]

7. What recent assessment he has made of the adequacy of the prison estate for housing prisoners.

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[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

14. What recent assessment he has made of conditions at magistrates courts.

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

I recognise that there continues to be work to be done to improve conditions in some magistrates courts for the users, and that is why we have boosted the capital investment programme to £220 million over the next two years to March 2025 to improve the quality and enhance the resilience of the court and tribunal estate, allowing us to plan major projects much more in advance and with certainty. The improvements will ensure that those on the frontline of the justice system will benefit from buildings that are more accessible and sustainable.

[Mr Carmichael]

We speak of access to justice meaning the availability of legal advice and representation but, for too many older and disabled people, physical access to justice through the magistrates courts in particular is well-nigh impossible because the buildings themselves are not fit for purpose. Actually, “not fit for purpose” was the term used to describe the magistrates courts in the Secretary of State’s constituency by the former police and crime commissioner. Do we not need more swift action to remedy the problem than the Minister has outlined?

[Mike Freer]

I took quite a bit of time to read the report from the Magistrates Association on inaccessible courts to ensure that, where we can make reasonable adjustments, we make them, and that where we need to make more substantial investment to make the courts more accessible, particularly to make them compliant with the Disability Discrimination Act 1995, we do so and those works are prioritised. We continue to work on new courts, as in Blackpool and the City of London, to ensure that the estate is modernised and we have courts that are accessible and fit for purpose. The point is well made and it is in hand.

[Michael Fabricant (Lichfield) (Con)]

15. What training is provided to magistrates to help ensure impartial decision making.

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

To preserve the independence of the judiciary, the Lord Chief Justice has a statutory responsibility for the training of the judiciary under the Constitutional Reform Act 2005, and that includes magistrates and their legal advisers. Magistrates, and the legal advisers who support them in court, must complete induction training before hearing cases and, once magistrates are sitting, continuation training is provided on regular cycles. Impartial decision making is woven throughout all the material.

[Michael Fabricant]

I thank the Minister for his answer. Chris Pincher and I have been working very closely to ensure that the police act strongly and swiftly in Shenstone near Lichfield over constant demonstrations at an Israeli company that supplies arms to the British armed forces. Two people went to trial at a magistrates court in Walsall and they were acquitted. It is reported—we do not know for sure because it is not a court of record—that the judge said

“on the principle of proportionality…their action was proportionate in comparison to the crimes against humanity which they were acting to stop”

by the Israelis. I think that, if it were true, is outrageous. What can be done within the judicial system to ensure that that sort of thing does not happen, if indeed it did?

[Mike Freer]

My hon. Friend raises an important point about the independence of the judiciary. We have to be careful that we do not rely on reports by a third party, perhaps with a vested interest, because these cases are not reported officially. However, if he wishes to discuss any points of law that may lead to an appeal from the prosecuting authority, he can do so and I am happy to work with him and guide him on how that may be taken up with the Attorney General. In terms of any complaints about the behaviour of the judiciary, there is a clearly defined process that I am happy to discuss with my hon. Friend after today’s session.

[Theresa Villiers (Chipping Barnet) (Con)]

16. What steps he is taking to increase recruitment to the probation service.

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[Sarah Green (Chesham and Amersham) (LD)]

T4. One of my constituents tells me that they are at risk of losing their home because of how long they have had to wait for a benefit decision appeal. Will the Minister outline what steps his Department is taking to reduce the current 33-week waiting time for benefit decision appeals to be heard?

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

Across the whole tribunal process, the team will constantly monitor who is performing and who is not, and will share best practice. If the hon. Lady would like to write to me with the details of a particular case, I can investigate the particular cause of delay.

[Mr Philip Hollobone (Kettering) (Con)]

T7.   Parliament passed a law in 2015 that offenders convicted of a second or subsequent knife offence should go to prison, yet in the year to March, 16,000 such offenders—37% of the total—dodged a jail sentence altogether. That is the highest total since the law was introduced. Will Ministers ensure that the courts now hand down the sentences legislated for in this House eight years ago?

[Alison Thewliss (Glasgow Central) (SNP)]

I have a number of constituents whose asylum appeals were allowed by courts and tribunals service, but have now been thrust into limbo while the case goes back to the Home Office for approval. What conversations have Ministers had with their Home Office colleagues on clearing the backlog that is preventing my constituents from getting on with their lives?

[Mike Freer]

I am always happy to look at individual cases to see if there are specific issues causing a delay. Broadly speaking, I work with colleagues at the Home Office and the Solicitor General’s office to see what we can do to ensure that any delays in the process are smoothed out, so that people do not have to wait for their day in court.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

T9. What review, if any, has the Department carried out to ensure that when courts extend bail, they ensure that the police are dealing with their investigations diligently and expeditiously?

[Mike Freer]

My hon. Friend raises an important point for her constituents. I must stress that the independence of the judiciary is fundamental to the rule of law and the running of the justice system. Therefore, the Department has not and will not conduct a review into how the judiciary undertakes its functions in individual cases. However, I can reassure her that the judiciary ensures that the relevant agencies that it works with undertake their functions smoothly and effectively.

[Ian Lavery (Wansbeck) (Lab)]

Is it not the case that last-minute cancellations in magistrates courts are largely caused by the inability to recruit and retain legal advisers, who are paid a lot less than other Government legal advisers? What steps will the Minister take to ensure an increase in wages and better terms and conditions for those legal advisers? Will he sit down with the PCS Union to try to resolve this intolerable situation?

[Mike Freer]

We look carefully at why all cases are vacated; in fact, the biggest cause of vacation is often the non-availability of prosecution or defence counsel, not of legal executives.

[Sir Peter Bottomley (Worthing West) (Con)]

May I put it to Ministers that the nine-month wait for granting simple probate is unfair on people trying to sell their parents’ home? I failed to get the probate service to work, and I have a constituent who has written to the Prime Minister. Will Ministers please sort it out?

[Mike Freer]

The time taken once all required documents are received is between six and nine weeks. We always advise that no one should take a decision on the sale of a property until probate is granted, but I can reassure my hon. Friend that despite a significant increase in applications, the service is recruiting and training up more than 100 new caseworkers to ensure that it delivers the service that my hon. Friend wants, as do I.

[Kate Hollern (Blackburn) (Lab)]

Last month the United Nations called for an urgent Government review of sentences of imprisonment for public protection. Will the Secretary of State listen to the UN? Can he explain why the number of people with an IPP sentence recalled to prison without committing any further offence has soared in recent years?

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

Mr Speaker, you will not believe this, but it is almost six months since I finally secured a meeting with the Justice Minister and the Health Minister, after six cancellations, about what happened to section 4 of my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which empowers coroners to investigate stillbirths. I was assured that the law, passed by this House in February 2019 and with a consultation that closed in June 2019, would be published imminently and progress would be made, but nothing has happened. Is it ever going to happen?

[Mike Freer]

Yes, it will. Both the Health Minister and I are pushing this as fast as we possibly can.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The scale of the illegal drugs problem in prisons was such that five years ago the Government introduced a programme that cost £100 million. Has the problem got worse or improved in the time since?

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[Kim Johnson (Liverpool, Riverside) (Lab)]

I would like to pay tribute to the campaigners who challenged joint enterprise. As a result, the Crown Prosecution Service has now committed to monitor who is prosecuted. I welcome the report at the end of this month, but will the Minister commit to an audit of all joint enterprise convictions, particularly as more black people are disproportionately impacted?

[Mike Freer]

I can commit to wait until we have seen what the work being done by the CPS uncovers. Once we have data, we can then have a rational discussion on the next steps.

[Mary Kelly Foy (City of Durham) (Lab)]

Is the Minister aware of the prevalence of the unfounded and unscientific concept of parental alienation within our family courts? It is causing suffering and, in some cases, violence against women and girls. What steps is the Department taking to ensure that the courts recognise the harm of this discredited concept?

[Mike Freer]

The Department is well aware of the concerns, which is why the matter is currently under review. The results of that review, including publication of all the data and research behind the outcomes, will be published later this year.