Oral Answers to Questions

Mike Freer Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

1. What the average waiting time is for a social security benefits tribunal hearing in (a) Northamptonshire and (b) England.

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

Between April and June 2022, the average waiting time for benefits appeals in Northamptonshire was 46 weeks. In England it was 28 weeks. Waiting times can fluctuate due to a number of factors, including volumes of benefit decisions made locally, the complexity of the case, the availability of panel members and venue capacity.

[Mr Hollobone]

When I asked the same question three years ago, the figures were 21 weeks for Northamptonshire and 33 weeks across England. While there has been improvement across the country as a whole, clearly things are going backwards quite severely in Northamptonshire. Does the Minister share my concern that this is clearly an unacceptable situation, and will he outline plans to tackle it?

[Mike Freer]

My hon. Friend is spot on: it is not acceptable that his area is going backwards. I have commissioned officials to report in detail on the exact problems affecting his area, and I will report to him in the next four to six weeks.

[Kate Hollern (Blackburn) (Lab)]

2. What assessment he has made of the potential impact of the Common Platform on the delivery of justice by HM Courts and Tribunals Service.

[Rachel Hopkins (Luton South) (Lab)]

13. What steps he is taking to improve the performance of the Common Platform.

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

We have rolled out the Common Platform at 173 criminal courts in England and Wales and 76% of courts are now live. It has improved the format and timeliness of outcomes of hearings generated and shared with our criminal justice partner agencies and removed the need for staff to re-key information across different IT systems. If we are to reform the criminal justice system, we need to press ahead and reform the IT that underpins it.

[Kate Hollern]

The Common Platform has been nothing short of a disaster—one quarter of a billion wasted on a project that was fundamentally flawed from the start and designed primarily to slash thousands of highly skilled legal jobs. Even the Lord Chief Justice has raised serious concerns recently to the Justice Committee. Is it not time the Minister held up his hands, admitted this was a mistake and told His Majesty’s Courts and Tribunals Service to build a better system that focuses on delivering justice instead of wasting money in such a damaging and short-sighted way?

[Mike Freer]

The simple answer to that question is no.

[Rachel Hopkins]

Last month, staff at courts across the country, including the magistrates court in Luton, went on strike—not over pay or pensions, but because the Common Platform IT system is so flawed that it is effectively unusable. That should have been enough to make the Government sit up and take notice, but if the Minister will not listen to his own workers and their trade union, the Public and Commercial Services Union, maybe he will listen to the judges who are speaking out? One judge called the Common Platform “completely unsuitable” and “not fit for purpose”. Does the Minister agree?

[Mike Freer]

No, I do not agree. All new IT systems take time to bed down and officials continue to work with user groups, both staff within the criminal justice system and judges. The system replaces eight legacy systems that are at the end of their lives, support for which is being withdrawn. If we do not reform the IT system underpinning the criminal justice system, we will not be able to make the progress we wish.

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

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

The Minister is of course right to say that we need to modernise and improve IT systems and replace the legacy systems, but will he sit down and talk in some detail with users of the system, both judges and practitioners? For example, a platform that is unable to record whether a case concludes in a guilty plea will not be very much help in tracking the progress of cases or improving listing at a time when we have massive backlogs. Practical changes are surely what is needed.

[Mike Freer]

My hon. Friend makes a good point. I am always happy to speak to staff groups and my legal friends in the justice system to iron out any particular issues, but the roll-out of the Common Platform needs to continue.

[Mr Speaker]

I call the shadow Minister, Alex Cunningham.

[Alex Cunningham (Stockton North) (Lab)]

Oh dear, dear, what a mess: our courts systems were in chaos before the pandemic, and now it is much worse, with some cases taking years to come to court and remand numbers at record levels. The Common Platform was supposed to make courts more efficient, but fails in everything from recording criminal convictions to getting crucial data to the Registry Trust on time. Worst of all, it is having an adverse effect on people’s lives, including those who use it. Costs have soared from £236 million to more than £300 million, with Ministers ready to pay an IT firm another £20 million for product enhancements. Will the Minister tell us where the money has gone, why the system has not been sorted and whether he will pause the roll-out until it is?

[Mike Freer]

I point out that the backlogs were on a downward trajectory until the Criminal Bar Association action. The roll-out of the Common Platform is a necessary part of modernising our systems, and I am confident that we will ensure that the system is delivered for the benefit not just of users, but of everyone who touches our criminal justice system.

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

3. If he will make an estimate of the number and proportion of males convicted under joint enterprise who were (a) Black and (b) from other ethnic groups.

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[Duncan Baker (North Norfolk) (Con)]

4. What steps he is taking to reduce the size of waiting lists for family court cases.

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

We established the family mediation voucher scheme in March 2021 to help to reduce the number of private law cases coming into court. We have invested nearly £9 million to date and issued more than 12,800 vouchers to support families. In 2021, family sitting days were at their highest level ever. In July, we introduced a regional virtual court pilot to allow deputy district judges from other regions to sit virtually in London and the south-east so that they can hear as many cases as possible.

[Duncan Baker]

We all know that there are significant backlogs in the family court system. However, what some might not know is that it is having real knock-on effects on families, single parents and children across the country. The sooner those cases can be heard and dealt with, the better for everybody involved. What does my hon. Friend intend to do to address those backlogs, and what specific measures is he taking to ensure that there are enough judges and adequate funding for our family courts?

[Mike Freer]

My understanding is that the voucher scheme has been successful, and that about 65% of families who have used it say that it kept them out of the court process. It is our intention to ensure that the voucher scheme continues, with additional publicity. To address some of the other issues relating to capacity, using the virtual courtroom is a possibility, and the general recruitment of more than 1,000 new judges should help.

[Andy Slaughter (Hammersmith) (Lab)]

Government figures show that, as of last week, the backlog in the family courts now stands at more than 110,000 cases. Given that the Ministry of Justice budget will go up by about half the rate of inflation next year—meaning a real-terms cut of hundreds of millions of pounds—does the Minister think that this and other backlogs will go up or down?

[Mike Freer]

Our intention is to ensure that the backlogs go down by ensuring that as many families as possible are kept out of the court system through the use of schemes such as the family mediation voucher scheme.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

5. What recent discussions he has had with Cabinet colleagues on strengthening human rights.

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[Imran Hussain (Bradford East) (Lab)]

10. What recent discussions he has had with Cabinet colleagues on reforming the death registration process.

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

The Ministry of Justice is working closely with the Department of Health and Social Care and the General Register Office on the implementation of a statutory medical examiners scheme, which will provide an additional layer of scrutiny on cause of death in non-coronal cases. We are also working with the General Register Office to consider how families might play a greater role in the registration of their loved ones’ deaths following an inquest.

[Imran Hussain]

I thank the Minister for that response. For many of my constituents, a swift burial is a core tenet of their beliefs and faith, but in many cases this swift burial is held back by bureaucratic legal difficulties in formally registering the death, particularly when GPs cannot be reached, there is a bank holiday or it is the weekend. I think the whole House will agree that no one wants their relatives to be held in a mortuary any longer than is absolutely necessary. Will the Minister meet me and colleagues from the Department of Health and Social Care to discuss what can be done to break down these legal barriers and address these issues so that everybody can be afforded dignity in death?

[Mike Freer]

First, I can reassure the hon. Gentleman that I have discussed this specific issue of how faith communities are dealt with by the coroners service. I have discussed it with the Chief Coroner, and I have a meeting next week with representatives of both the Jewish and the Muslim faiths. Once I have had those meetings, I would be very happy to meet him so that, having looked at the issue in the round, we can discuss how we can move forward.

[Kerry McCarthy (Bristol East) (Lab)]

11. If he will take steps with prisons to estimate the number of children affected by parental imprisonment.

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[Karl Turner (Kingston upon Hull East) (Lab)]

16. Whether he has made an assessment of the effectiveness of the steps taken by his Department to implement the recommendations of the independent review of criminal legal aid. [R]

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

In March we consulted on our approach to recommendations made by the independent review of criminal legal aid, and we published our interim response in July. We have introduced a 15% uplift across most free schemes, in line with the recommendations. That means an additional annual benefit of up to £63 million for solicitor firms, and up to £39 million for criminal barristers in a steady state situation. Uplifts for solicitors and barristers have already started being paid, and we have also applied fee uplifts to the vast majority of existing Crown court cases, to address concerns that the uplifted fees did not apply to ongoing work.

[Karl Turner]

Well before the Criminal Bar Association took action to strike, I warned the Lord Chancellor that that was inevitable unless he sat down with the association and worked constructively. He accused me of being its shop steward. Now, criminal defence solicitors’ firms are on their knees. The Justice Secretary is not known for working constructively, but will he sit down with the Law Society and representative groups of criminal solicitors to come to an agreement on parity of funding between the criminal Bar and criminal defence solicitors?

[Mike Freer]

My right hon. Friend the Lord Chancellor meets all stakeholders on a regular basis, and I think he has a meeting coming up to address those very concerns. I am sure that he will sit down and discuss those concerns in the next few weeks.

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

The Lord Chancellor’s successor and predecessor was able to achieve more in a few days than the current Justice Secretary ever has by agreeing a deal and ending the CBA’s strike action. The Law Society has warned that it may be forced to advise its members to stop working in criminal practice if Bellamy’s recommendations are not met. Will the Lord Chancellor get his priorities straight and honour the Government’s own review by giving legal aid solicitors the funding they need to avoid collapse and make our justice system sustainable?

[Mike Freer]

I know that the Lord Chancellor—he is his own predecessor, as was pointed out—has been committed to ensuring that the system remains correctly funded within the spending envelope. He will continue to address the concerns raised by all stakeholders in the criminal justice system. We are entirely committed to working with the advisory board to address all the issues that the hon. Gentleman raised.

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

17. What steps he is taking to help tackle racial disparity in the criminal justice system.

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

In response to the Commission on Race and Ethnic Disparities, the Government’s inclusive Britain strategy sets out a clear commitment to tackling race and ethnic disparities in the criminal justice system. We are reducing the number of individuals from ethnic minorities entering the criminal justice system by expanding the use of diversionary initiatives such as out-of-court disposals to divert towards treatment or drug education courses. For those in contact with the system, we are providing funding for grassroots ethnic minority-led and specialist voluntary sector organisations to provide rehabilitative services.

[Mr Dhesi]

The disproportionate representation of black children in our justice system starts with arrests, with black children over four times more likely to be arrested than white children as of 2019. We must address the deep-rooted causes of that, ensuring that those from ethnic minority backgrounds are not discriminated against and drawn into a cycle of criminality due to a bias in our criminal justice system. The Lammy review exposed that bias and discrimination more than half a decade ago, so why have the Government still not implemented its recommendations in full?

[Mike Freer]

We have implemented the majority of the actions that we committed to in response to the Lammy review. The hon. Gentleman raises important points regarding the over-representation of ethnic minority children in the system. There is a range of activities, including work that we are doing in two test areas, to ensure that those people who are arrested have access to and can only opt out of legal representation, to try to ensure that the issues that he raised are addressed. I am happy to meet him to go through those activities and discuss them in much more detail.

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[Vicky Ford (Chelmsford) (Con)]

T3. There are long waiting lists for the Crown court in Essex, and I am told that that is in part due to a shortage of judges. What progress is being made to shorten the waiting lists and appoint judges in Essex?

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

We are working hard to ensure that we recruit over 1,000 new judges. We are allowing 80 circuit judges and 125 fee-paid recorders to sit for more days to ensure we increase capacity. We are boosting circuit judge recruitment, with about 90 new appointments, who will sit in London and the south-east, including Essex, to address the issues my right hon. Friend raised.

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[Mrs Pauline Latham (Mid Derbyshire) (Con)]

My Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force in February. Will the Minister confirm that cross-departmental work with the relevant Departments is taking place, so that from day one teachers, social workers, police, Border Force officers and others will have had the right training and know exactly what to do when faced with a case of child marriage?

[Mike Freer]

First, I pay tribute to my hon. Friend’s work on pursuing this important issue. As she said, the law will come into effect in February 2023. I can confirm that cross-departmental work has been taking place to ensure that officials across Government, the College of Policing and the National Police Chiefs’ Council are as up to date as possible. The Home Office has been updating its forced marriage guidance, which provides detailed advice to groups such as Border Force officers, social workers, police and teachers on what to do when faced with a case of forced child marriage. I hope that in swift order the work she has been so passionate about is enforced.

[Karl Turner (Kingston upon Hull East) (Lab)]

T7. In 2010, there were 1,861 firms of criminal solicitors with duty contracts; there are now 964. The profession of criminal defence solicitor is broken and so is the justice system. Who does the Lord Chancellor think broke the system? [R]

[Mike Freer]

I do not accept the hon. Member’s characterisation. The Government have invested—

[Karl Turner]

Those are numbers and facts.

[Mike Freer]

The Government have invested significantly in the criminal justice system, not just through the recent settlement with the Criminal Bar Association, but in the run-up to the settlement. There is continued investment in the criminal justice system. He may disagree, but those are other facts.

[James Daly (Bury North) (Con)]

Although I welcome the Secretary of State’s commitment to increasing rape charging rates and the positive news regarding rape convictions, the facts suggest that what is happening is somewhat to the contrary. In the year ending March 2022, the police recorded the highest annual number of rape offences to date—70,330—but charges were brought in only 2,223 cases. With the split in responsibility between the Home Office and the Ministry of Justice, what steps can my right hon. Friend take, working with his Home Office colleagues, to make sure that more people are charged and put before the courts?