Oral Answers to Questions

Mike Freer Excerpts

Tuesday 20th February 2024 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

8. What progress his Department has made on reducing the backlog of cases in the Crown court.

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

We remain committed to reducing the Crown court outstanding case load and have introduced a range of measures to achieve the same. We funded over 100,000 sitting days last year and plan to deliver the same again this year. We have recruited over 1,000 judges over all jurisdictions and plan to do the same again this year. Thanks to the intervention of the Lord Chancellor, we have secured £220 million for essential modernisation repair work over the next two years. As well as retaining Nightingale courts, the investments will also see 58 new courtrooms.

[Nick Smith]

The fact is that the Crown courts how have a backlog of over 65,000 cases. If that is not bad enough, experts say the courts’ capacity to deal with processing cases will not keep pace with demand. Does the Minister agree that that leads to too many victims unfortunately giving up on our justice system?

[Mike Freer]

No, I do not accept that that means we are giving up on the system. The Government continue to invest in every single lever that we can pull to increase capacity in our criminal justice system. Given the additional work that the judiciary is doing, the disposal rate in our Crown courts is up and we are seeing record levels of disposals, so we will start to see the criminal justice system heal, because we are still recovering from covid and the Criminal Bar Association strike.

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

Rape and serious sexual assault cases have increased to 10.3% of all Crown court cases and, with nearly 10,000 of them, they make up one in seven of the backlog. The average wait time for a trial after charge has risen to 18 months. We also know from the Criminal Bar Association that there has been a tenfold increase in adjourned cases due to the fall in the number of rape and serious sexual offence prosecution or defence barristers, with the Crown Prosecution Service now employing King’s counsel to fill the gap. Add to that the many legal aid deserts due to the shortage of solicitors and we have a major staffing crisis across the criminal justice system. How is that going to be fixed?

[Mike Freer]

First, the figure that the hon. Gentleman quoted for the average time for a RASSO case is simply not true. The Government have continued to invest in ensuring that RASSO cases are brought forward. Listing is a matter for the judiciary, and they take great care to ensure that vulnerable victims are dealt with expeditiously. In addition, we continue to invest in the legal aid system. The Lord Chancellor recently increased the fees to ensure that there are people able to perform RASSO cases and section 28 video recording. On top of that, we continue to engage with the criminal legal aid review to see how we can continue to invest in and incentivise criminal defence barristers in the right parts of the system.

[Caroline Ansell (Eastbourne) (Con)]

9. What steps his Department is taking through the criminal justice system to support victims of crime.

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

The Government are clear that it is in the best interests of the people of Wales for justice to remain a reserved matter. The current arrangement works well and allows Wales to benefit from being part of a larger, world-renowned justice system. Devolving justice to Wales would mean losing those benefits and would be extremely expensive and complex, requiring the duplication of functions.

[Beth Winter]

Following the publication last month of the final report by the independent commission on the constitutional future of Wales, the First Minister of Wales confirmed unambiguously that it is the policy of the Welsh Government, and indeed of the Welsh Labour party, to support the devolution of the justice system. In pursuing the devolution of the Probation Service, he said:

“We will have to explore…governance…financial arrangements”

and the interface between Welsh and English services. When will the Minister meet the Counsel General for Wales to discuss the devolution of justice?

[Mike Freer]

If the representatives for the Welsh Government wish to meet me, I am more than happy to explain why Wales being part of the English and Welsh legal system remains the preferred option for this Government. Why would Wales want to leave the most successful legal services system in the world?

[Anna McMorrin (Cardiff North) (Lab)]

18. What steps his Department is taking to protect the privacy rights of rape victims in criminal justice processes.

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

20. What discussions he has had with Cabinet colleagues on the use of non-disclosure agreements in judicial processes.

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

Non-disclosure agreements cannot prevent any disclosure that is required or protected by law; nor can they preclude an individual from asserting statutory rights. The courts and judiciary apply the law in relation to NDAs as appropriate in individual cases and, where necessary, determine whether or not they should be enforceable.

[Sarah Green]

Last year, the Legal Services Board stated that incidents of misconduct by lawyers dealing with non-disclosure agreements were a “cause for concern”, and that there was a strong case for a strengthened and harmonised regulatory approach. Does the Minister agree that there is a need for stronger regulation in this area, and will he support the Bill tabled by my hon. Friend the Member for Oxford West and Abingdon (Layla Moran), which would end the misuse of non-disclosure agreements in the workplace?

[Mike Freer]

I am more than happy to have a discussion with the hon. Lady, but my understanding is that the Solicitors Regulation Authority has already published a warning notice reminding solicitors and law firms that potential professional misconduct by a person or a firm should be reported to the regulator. If she believes that there are still gaps in that warning notice, or that more needs to be done, I am more than happy to have a meeting.

[Steve Double (St Austell and Newquay) (Con)]

T1. If he will make a statement on his departmental responsibilities.

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

Unison, of which I am a proud member, has criticised Government plans to reintroduce employment tribunal fees, on the grounds that the

“only people who would benefit from their reintroduction are unscrupulous bosses”.

The Resolution Foundation has found that the lowest-paid workers were least likely to bring a claim, so how can the Justice Secretary defend plans to reintroduce employment tribunal fees, which will disproportionately affect those on low wages and present an obstacle to justice for those who need it most?

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

The £55 claim issue fee is modest, and this is completely different from the previous fee scheme, so I simply do not accept the hon. Gentleman’s characterisation. I am quite happy to defend that small, reasonable fee as necessary to help defray the costs of our system.

[Henry Smith (Crawley) (Con)]

T6.   What percentage of the backlog in Crown court cases is due to foreign national offenders, and what has been done to reduce that?

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[Duncan Baker (North Norfolk) (Con)]

T8. I welcome the fact that 20 Nightingale courtrooms have been set up around the country to boost capacity, but none of them appears to be in the east of England. I know we are all well behaved in the east, but have we been forgotten?

[Mike Freer]

I can reassure my hon. Friend that we would not dream of forgetting about him. We have seen an increase, particularly on special educational needs and disabilities, of over 300% in receipts, and with the increased number of judges and panel members, we are seeing a 37% increase in disposals this year. We are trying to address the issue of SEND with the Department for Education, and if my hon. Friend thinks there is a problem in this area, I am more than happy to meet him to discuss it.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

T4. I have heard the Minister defend the reintroduction of employment tribunal fees, but the last time the Government brought them in, there was a 70% drop in applications. How many people will be denied access to justice this time?

[Mike Freer]

The hon. Gentleman is comparing apples with oranges. The two fees are completely different, in terms of quantum. A £55 claim issue fee is a small contribution towards the tribunals, which cost us £80 million a year to run. I do not think that that is unreasonable.

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

This week, we celebrate the fifth anniversary of my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 completing its parliamentary stages, but it is also the fifth anniversary of the Government taking no action to enforce clause 4, which gives coroners the power to investigate stillbirths. There has been some progress: on 8 December, after 56 weeks, they have produced the results of that consultation, but there has been no Government response. When will we have a Government response, and what is the Government’s problem with getting on with something that is overwhelmingly supported?

[Mike Freer]

I appreciate that my hon. Friend is increasingly agitated about the implementation of aspects of the Bill; however, the consultation was not conclusive, and the stillbirths landscape has changed. Those issues have to be addressed if the Bill is to be introduced correctly.

[Yasmin Qureshi (Bolton South East) (Lab)]

T5. According to a report produced by the National Audit Office last week, housing legal aid is out of reach for many people who are struggling to keep a roof over their head. Countless people facing the threat of eviction and repossession have recently contacted me for help. With the cost of living crisis and rising interest rates, it is crucial that people can access legal help with their housing issues. What is the Minister doing to ensure that housing legal aid is available to those who cannot afford legal help?

[Mike Freer]

We are investing an initial £10 million to make sure that legal aid is available for exactly those problems.

[Bob Blackman (Harrow East) (Con)]

Under the Homelessness Reduction Act 2017, there is a solemn duty on prison governors to prepare ex-offenders for life outside prison. Seven years on from the introduction of that duty, they are still not doing what they are required to do. We want reoffending ended, and if people are prepared properly for when they leave prison, we increase the chances of preventing reoffending. What action is my right hon. and learned Friend taking on this?

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[Siobhan Baillie (Stroud) (Con)]

Wedding experts at Hitched say that independent celebrants are the biggest trend for couples getting married this year, and with the Church, registrars and humanists all providing additional options, it is about time that we updated the marriage laws, which are from 1836. Will the Government publish a substantive response to the Law Commission’s 2022 report on wedding reform?

[Mike Freer]

As someone who benefited from the last wedding reform on equal marriage, I can say that this Government are entirely committed to ensuring that we report as fast as possible on the Law Commission’s review. If my hon. Friend would like to meet my noble Friend Lord Bellamy to discuss it further, we can make that happen.

[Alison Thewliss (Glasgow Central) (SNP)]

The backlog of asylum and immigration tribunal cases has soared from 35,400 to 41,500 in a month—a result, no doubt, of the Home Office pushing through decisions at the end of last year to clear its previous backlog. What is the Minister doing to tackle this new backlog that they have created?

[Mike Freer]

We are increasing fees for legal aid practitioners. We have seen a massive increase in cases going through the system, and that is why we are investing to make sure that legal representation is available.

[Greg Smith (Buckingham) (Con)]

Given that the existing prisons in Buckinghamshire cannot recruit to fill staffing vacancies, where does the Ministry of Justice think it will magic up staff and prison officers for the mega-prison that it now has planning permission for in my constituency?