Oral Answers to Questions

Mike Freer Excerpts

Tuesday 9th January 2024 Commons Chamber

[Jack Brereton (Stoke-on-Trent South) (Con)]

6. What steps he is taking to increase early access to legal advice.

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

Last year we spent £1 billion on civil legal aid to support the most vulnerable, and we recognise the potential benefits of early legal advice in supporting people to resolve their problems earlier. For example, last year we launched a £10 million housing loss prevention advice service. We invested in advice for welfare benefits issues, and early legal advice is also available for victims of domestic abuse in private family law proceedings, subject to the relevant means and evidence requirements. We will continue to invest in legal aid where we can see a benefit.

[Jack Brereton]

I thank the Minister for that response. Like many Members across this House, I regularly have constituents coming to me with many legal issues needing legal advice and support. Obviously, many Members are not appropriately qualified to offer that legal advice and support. Citizens Advice in Stoke-on-Trent are doing an excellent job trying to support many of my constituents with legal issues, but does my hon. Friend agree that it is vital that members of the public get timely and affordable legal advice when they need it?

[Mike Freer]

My hon. Friend is right to praise the work of voluntary organisations such as Citizens Advice, and as I said in my original answer, we agree that investing has benefits. That is why, since 2015, we have invested more than £25 million to support litigants in person, including our current grant funding of around £10.4 million for improving outcomes to legal support grants. That is supporting 59 organisations across England and Wales, enabling them to provide urgent legal support and advice to help people resolve their legal problems. That is in addition to the investment in providing support on domestic violence, special guardianship orders, housing loss prevention and immigration.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

In its Green Paper published in October 2023, the Law Society set out reforms to legal aid to help more people get early advice. Can the Justice Secretary confirm what discussions he has had with the Treasury, in advance of the Budget in March, regarding potential increases to the legal aid budget, and that Scotland will receive its share through Barnett consequentials?

[Mike Freer]

I can confirm that, following the Bellamy report and the implementation of what is known as CLAIR—the criminal legal aid independent review—we have invested over £141 million extra in the legal aid system, addressing many of the concerns that legal practitioners, including the Law Society, have raised. I can reassure the hon. Gentleman that I am in constant dialogue with the Law Society on how we can improve legal advice for citizens.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

7. What recent assessment he has made of the adequacy of human rights legislation.

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[John Stevenson (Carlisle) (Con)]

11. What steps he is taking to improve the effectiveness of the probate registry.

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

The past 12 months have seen the largest volume of probate applications received by the service since 2006, and that follows two years of above-average receipts. In response, we have increased staffing levels by more than 100 people and streamlined processes. We have seen some improvement, in that the level of grants issued has been running at about 8,000 more over the past two months than receipts. The average mean length of time for a grant of probate following receipt of all the documents required is now 12 weeks.

[John Stevenson]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests. Back in November 2020, I led a Westminster Hall debate highlighting the failings of the probate service. The service was once excellent, but that is no longer the case—I could give many examples demonstrating its continuing failures. I appreciate the Minister’s efforts to improve the service, but enough is enough. If the service has not materially improved in the next three months, will the Minister take the appropriate action and remove those who are clearly underperforming, so that the service can return to the level it once was at?

[Mike Freer]

My hon. Friend and I have had some interesting discussions on this topic over the past few months. Following a recovery plan to address the concerns that he and others have raised, I can reassure him that a new management team is in place and we are now seeing a distinct improvement in recruitment, competency, productivity and call handling, and for the past few months disposals have outstripped receipts. I appreciate that the service is not yet where we would want it to be, but I can reassure him that we are starting to see some impact as a result of the measures we have introduced. I am more than happy to have conversations with him so that we can work together to improve the service further.

[Eddie Hughes (Walsall North) (Con)]

12. What steps he is taking to reduce the backlog of cases in the Crown court.

[Giles Watling (Clacton) (Con)]

20. What steps he is taking to reduce the backlog of cases in the Crown court.

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

We remain committed to reducing the outstanding caseload in the Crown court and have introduced a range of measures to achieve that aim. We funded over 100,000 sitting days in the last financial year and plan to deliver the same this year. Thanks to our investment in judicial recruitment, we expect to recruit more than 1,000 judges across all jurisdictions. We are investing over £220 million over the next two years, not just to improve maintenance but to ensure that the number of courts taken out of action for unplanned maintenance is reduced.

[Eddie Hughes]

I am reassured by that answer, but can I press the Minister on other delays in the justice system? I have spoken to police officers who are incredibly frustrated by the delay in prosecuting those who they have arrested for multiple offences of shoplifting. What reassurance can the Minister offer to police officers in those circumstances?

[Mike Freer]

It is a concern to hear that police officers remain concerned. Some of the latest performance statistics suggest that the gap between charge and first listing is falling—the latest data shows it is down two days, to 31 days. I am more than happy to meet my hon. Friend to discuss any local issues he may have identified that are causing delays. Magistrates, who tend to deal with shoplifting cases, are among the most efficient parts of our justice system and list clear cases incredibly rapidly, but I am more than happy to discuss this further.

[Giles Watling]

In the light of the Post Office scandal, does my hon. Friend agree that it is imperative that we not only clear the backlog as quickly as possible, because there have been deaths involved, but enable the Justice Secretary to strip the Post Office of its powers to independently prosecute?

[Mike Freer]

My hon. Friend raises a good point. It is vital that the delivery of justice is swift. We appreciate that the wait for trial can be extremely difficult for victims, so we are doing all we can to ensure that cases are heard more swiftly. We are urgently working on the detail of how to clear the names of the postmasters as quickly as possible, and further detail will be announced in due course. There should be no disparity between the standard of justice in private and public prosecutions, and we will carefully consider the findings of Sir Wyn Williams’s inquiry.

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

The latest criminal court statistics show a Crown court backlog of 66,547 cases, once again breaking records. The next quarter has just ended, so does the Minister expect the figures to break records again?

[Mike Freer]

In addition to the measures that we have already taken—unlimited sitting days, recruitment of judges, investment in courts to ensure they are resilient, and extending Nightingale courts—I can reassure the hon. Gentleman that we are building 58 new court rooms to ensure we have capacity. I have not seen the figures on the backlog, but the latest figures for the number of disposals—[Interruption.] Our courts and our judges are working flat out, as are all members of the criminal justice system. I reassure him that the level of disposals being undertaken by our judiciary is up and the work of our judiciary is exemplary.

[Stephen Hammond (Wimbledon) (Con)]

13. What steps he is taking to reduce reoffending.

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[Alun Cairns (Vale of Glamorgan) (Con)]

T2. I draw the attention of the House to my entry in the Register of Members’ Financial Interests in that my wife is an education lawyer. Parents appealing decisions in relation to education, health and care plans and health needs are forced to wait between nine months and 13 months from appeal registration to hearing. That is far too long in terms of a child’s development. Does my hon. Friend agree with that? Does he also share my concern that some schools are delaying providing education, health and care plans in the knowledge that it will take a year or more to have an appeal?

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

My right hon. Friend is right. Despite special educational needs and disabilities appeals and disposals being up by 24% and 29% respectively, I do share his concerns, and systematic reform is required. That is why through the SEND and alternative provision improvement plan, the Department for Education and ourselves will be working hard to ensure that it is improved. I am more than happy to meet my right hon. Friend to go through the details.

[Mr Speaker]

I call the shadow Minister.

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[Dr James Davies (Vale of Clwyd) (Con)]

T3. I recently met the senior coroner for my area about concerns over health services in north Wales and to discuss preventable deaths. As part of that work, he pointed me towards the Preventable Deaths Tracker, set up by Dr Georgia Richards in Oxford. Will the Secretary of State commit to meeting Dr Richards and me to discuss the potential benefits of the tracker?

[Mike Freer]

My hon. Friend makes a great point. My officials have already met Dr Richards to discuss her work on the tracker and, together with the Chief Coroner’s office, we are exploring with her team how best to share the tracker on the various websites. However, I am more than happy to meet with my hon. Friend and Dr Richards to discuss how we can work together.

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

T4. Numerous studies have found that the numbers of minoritised and migrant women being held on remand are disproportionately high. For example, 10% of female black and Asian defendants were remanded in custody by magistrates courts, compared with 7% of white women. What steps are the Government taking to address those clear inequalities in the use of remand?

[Stephen Hammond (Wimbledon) (Con)]

T5. Can the Secretary of State confirm that the Director of Public Prosecutions could take over a private prosecution and discontinue it?

[Mike Freer]

The Crown Prosecution Service can take over any criminal prosecution. It may then carry out the prosecution or it may end or discontinue the prosecution if it does not believe it should have been brought in the first place.

[Chris Law (Dundee West) (SNP)]

T6.   I am pleased to say that the latest Scottish crime and justice survey has shown that the volume of crime in Scotland, including incidents not reported to the police, has fallen by 53%. In addition, we have one of the lowest levels of recorded crime in Scotland since 1974—50 years. I add my thanks to all those who work in Police Scotland Tayside for their duty and service on behalf of my constituents in Dundee. Will the Justice Secretary join me in congratulating Police Scotland and all the community safety partners who have contributed to that success?

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[Siobhan Baillie (Stroud) (Con)]

January is often considered family breakdown month. Anybody taking the terrifically difficult decision to separate this year will face not only a divorce costing over £14,000 on average, but months, or potentially more than a year, of resolving child and financial disputes. We need reform of focus in a range of areas. Will the Lord Chancellor kindly agree to meet me and the formidable Baroness Deech and Baroness Shackleton to look at our campaigns?

[Mike Freer]

My hon. Friend raises an important point. I know that she campaigns tirelessly on this issue. I am more than happy to arrange a meeting with my noble Friend Lord Bellamy, who leads on this issue, to update her and the noble Baroness Deech—

[Mr Speaker]

Order. I call Richard Burgon.

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[Tim Farron (Westmorland and Lonsdale) (LD)]

Under the Illegal Migration Act 2023, victims of human trafficking who arrived in the UK via irregular routes would not have legal recourse to receive support under modern slavery provisions. Are Ministers comfortable with that? They do not look like monsters, so I assume not. If they are not, what will they do about it?

[Mike Freer]

I will have to write to the hon. Gentleman and check exactly what the provisions are for legal aid under the Illegal Migration Act. I am more than happy to provide him with the details and meet him if necessary.

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

Precisely because legislating to overturn convictions would be so unprecedented, will my right hon. and learned Friend the Lord Chancellor make sure that before such a step is taken, he is satisfied from conversations with the senior judiciary that the means of triaging and consolidating appeals that currently exist may not be capable of delivering justice within an acceptable timeframe?

[Andy Slaughter (Hammersmith) (Lab)]

Spending on housing legal aid has fallen by more than half in the past decade, from £44 million to £20 million. Is this a proper response to growing insecurity, overcrowding and poor conditions in the housing market, or might it be a contributing factor?

[Mike Freer]

I have to say to the hon. Gentleman that just last year we invested an extra £10 million in housing legal aid, so I think we are addressing the issue.