(8 months ago)
Commons ChamberThe hon. Lady raises a very serious point. The impact on the child and the wider family is appreciated. We have invested in capacity, with more money for Cafcass, judges and recorders, and more sitting days to ensure that we increase capacity so that hearings can be heard effectively. We are also focusing on the public law outline, which sets a maximum number of hearings and the time limits, to ensure that proceedings are heard on time. If the hon. Lady wishes to raise any specific cases, I will be happy to meet her to get to the bottom of any specific problems.
Despite the response given to my hon. Friend the Member for Gower (Tonia Antoniazzi), the Government are still a long way from solving the crisis in the family courts. We have heard of the 46-week average, but in 13 of the 42 designated family judge areas in England and Wales, the wait is double the statutory target of 26 weeks. Then, there are the 80,000 private family law cases that can take 45 weeks to be resolved, and the number of new cases is increasing faster than disposals. Do the Government have any concern or compassion for some of the most vulnerable children in the country who are being let down? I invite the Minister to try again and assure the House that the crisis will not get even worse.
In fact, the Government spent £44 million on immigration legal aid in 2022-23. We have increased the hourly rate for those undertaking this kind of work, and we are looking at remote access and payment for travelling. All those steps we have taken to raise the level of funding in this important area. I have to say, however, that I think it takes a particular bit of brass neck for the SNP to lecture us on the funding of legal aid. I refer the hon. Gentleman to Scottishlegal.com, which has commented on how the SNP has decimated legal aid in Scotland.
Legal aid is always under constant review and I will always take advice from those closest to it. That is why I engage with, for example, the Bar Association, the Law Society and the judiciary on what we need to do. As for kicking things into the long grass, all I can say is that I want to get this right and if that takes time, it will take time.
(9 months ago)
Commons ChamberNo, 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.
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?
(10 months, 2 weeks ago)
Commons ChamberMy 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.
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?
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.
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—
(1 year ago)
Commons ChamberThe question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.
The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?
(1 year, 2 months ago)
Commons ChamberThe 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.
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.
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?
(1 year, 4 months ago)
Commons ChamberMy hon. Friend raises a good point. On the roll-out of pre-recorded cross-examination—known as section 28—to victims of sexual and modern slavery offences in all Crown courts in England and Wales, this has been available to children and vulnerable adults since November 2020. It is particularly important with those vulnerable witnesses to ensure that their evidence is taken while it is fresh. The impact of that on speeding up cases is important. Rolling it out across the whole estate may mean that the impact of that evidence is diminished. That is why it is part of a programme—not just section 28 video recording, but the work we are doing on capacity and judicial recruitment. It is a package.
I wonder whether the Minister has considered the Magistrates Association report “Inaccessible courts: a barrier to inclusive justice”, which shows that magistrates courts in England and Wales have serious accessibility failings. It says that impacts on the efficiency and fairness of the justice system and undermines efforts to recruit a more diverse magistracy. One in five magistrates courts do not have level access. In 30% of courts, magistrates with a disability cannot sit in some or all of the courts in the complex. A third of courts do not have accessible toilets for them, and half do not have hearing loop systems installed or operating. Just what has happened to all that cash the Government claim to be investing? It certainly is not addressing the basics.
I am more than happy to look at any specific proposals to see how we can improve the process of inquests and inquiries. Of course, my door is open if the hon. Gentleman wishes to have a more detailed discussion.
(1 year, 6 months ago)
Commons ChamberWe appreciate all the issues raised by my hon. Friend, who has been a long-term campaigner on family law. I guarantee that either a senior official or a Minister will attend that meeting.
Well, they are working. The hon. Gentleman will not want to admit it, but if he waits to see the facts when they are published, I hope he will then realise that we are taking tangible action to improve the capacity of our courts.
Don’t forget that Chorley court is still empty—we’ll take the capacity problems that Preston has.
I reiterate that it is a matter for the judiciary to question the bona fides of an expert: if they do not believe an expert seeking to give evidence in court is of the required standard, the judiciary can reject them. On taking further steps, the rights of the child are paramount, which is why we are looking forward to discussions to see how we can tighten up the role of experts. Equally, the Government are confident that the family justice system can robustly address this issue already. If there is more work to be done once we have been able to see the evidence, we will do it, but I am not proposing that we rush into a further review at this stage.
Family courts across the country are being used to perpetuate domestic abuse, and when that abuse proves fatal, which we know it too often does, the family courts allow it to be continued against the victim’s family. Currently, the parents of a woman who was killed by her husband would have to be cross-examined by that same murderer to adopt their orphaned grandchildren. This is a system that is stacked in favour of the killer. Do the Government agree that this practice is abhorrent and support Labour’s calls to implement Jade’s law in the Victims and Prisoners Bill?
The rights of grandparents have risen up the agenda considerably over the last few years. Both colleagues who have spoken on this issue today, including my hon. Friend, make some valid points. I will give a commitment to discuss it with my colleague Lord Bellamy, who leads on this area, to see what further work we can do.
These are not my words on the cuts to legal aid, but the words of the new Lord Chancellor:
“There is now a serious concern that, without some steps to restore a measure of access to justice, serious injustice will inevitably follow.”
Will the Minister heed the words of his new boss and reverse the devastating cuts to legal aid that his party has inflicted over the last decade?
(1 year, 7 months ago)
Commons ChamberOn the exemption issue, if the hon. Lady would like to write to me, I will certainly investigate that. She will be pleased to know that in the last two months we have invested an additional £10 million to boost the amount of legal aid available on housing matters.
Legal aid is the backbone of our criminal justice system, and it is running on empty. In England and Wales, 54 constituencies have no legal aid providers at all, and 80% of the population do not have access to welfare legal aid providers in their local authority. The current legal aid system is not just a postcode lottery but a regional lottery. The Government have kicked the civil legal aid review into the long grass and are still not following Bellamy’s recommendations. When will the Lord Chancellor meet Bellamy’s recommendations in full?
I do not recognise spending more than £2 billion a year as “running on empty”. Spending an extra £4 million on section 28 fees, an extra £10 million on housing legal aid, an extra £5.6 million on special guardianship legal aid, and an extra £3.3 million on special and wasted preparation legal aid is not “running on empty”. In terms of representation across the UK, the Legal Aid Agency regularly ensures that all areas of the UK are covered by duty solicitors and legal aid firms.
During yesterday’s debate on the Illegal Migration Bill, I sought clarity on how people impacted by the Bill will be able to secure access to legal advice and legal aid. Those people—be they an Afghan fighter pilot or an LGBT person who has fled Uganda—will have just eight days to make an application and seven days to appeal against removal on the grounds of serious and irreversible harm, and all that will happen while they are in immigration detention. So let me try again: how will access to legal advice be secured for such people, and will legal aid be available to them?
I can reassure my hon. Friend that we have removed the limit on sitting days in the Crown court for the second financial year in a row, and that means that courts will continue to work at full capacity. We are also continuing with the use of 24 Nightingale courtrooms into the 2023-24 financial year, and are recruiting 1,000 new members of the judiciary to ensure that we get the backlog under control.
Victims of crime are having to wait up to four and a half years for their day in court. Since 2010, 50% of magistrates courts have been closed. Do the Secretary of State and the Minister believe that is a coincidence?
In terms of the efficiency of the courts estate, I can reassure the hon. Gentleman that I am less hung up about the availability of buildings in every town and city and more hung up about whether we have sitting days and judges to ensure that our criminal justice system is swift and fair.
The Minister would have us believe that all was well and great progress was being made in tackling the courts backlog. Then we got the damning National Audit Office report into the reform programme. The catalogue of problems is too extensive to detail here, from the ailing common platform to the hundreds of failing processes within the 46 projects yet to operate in the way they were intended. I therefore pose the same questions as the NAO: when will Ministers be able to quantify the now decreasing benefits of the programme and demonstrate that it has improved access to justice?
(1 year, 9 months ago)
Commons ChamberThe 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.
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?
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.
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.
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?
(1 year, 10 months ago)
Commons ChamberThe hon. Lady raises an important point. There are a variety of reasons why cases can be delayed. It is not just about the availability of the judiciary; sometimes it is the availability of defence and prosecution. There is a particular focus on trying to improve the number of cases that do not come forward because they are incomplete and not ready, and there is a massive campaign to improve the number of available sitting days and courts, but the most important thing is the massive recruitment of 1,000 judges for our criminal justice system.
I have seen the plan and I have sat down with the Law Society. The Lord Chancellor and I continue to have fruitful discussions to address the particular issues that the Law Society has raised.
It is always someone else’s fault. I have listened to the Minister trying to talk up progress, but both he and I know it is not good enough. I can understand the anxiety in Government over the failure to make any real impact—at the current rate of progress, the backlog will continue into the next Parliament, if not beyond. The Minister will agree that it is bad for victims, staff and defendants and, above all, is a failure of justice. What will he do to reassure our dedicated court staff that he will get the disastrous common platform IT system sorted out? Will he confirm how much extra taxpayers’ cash is being thrown at the system to get it right?
First, I do not accept the characterisation of the common platform system. The hon. Lady forgets to mention the number of legacy systems that were on the verge of collapse, and they needed to be replaced. The members of staff I have spoken to accept that, while all IT roll-outs have teething problems, it is a worthwhile programme and will deliver benefits. If the hon. Lady would like to have the full implementation and benefits laid out in the business case, I will share what I can. On the ability to address the specific issues raised by members of staff, the programme team do on a regular basis engage with staff, and log all the issues and suggestions made by members of staff so that they can be resolved quickly.
Every Crown court centre in the country is affected by backlogs, which are rising to crisis proportions once more. The Government rightly resolved the issue of the availability of defence counsel by increasing defence fees, but now the issue is the continued and repeated unavailability of prosecution counsel. Since our system requires equality of arms—barristers of equal seniority and ability to prosecute and defend—is it not important that the Secretary of State and his junior Minister support the Attorney General in getting increased funding from the Treasury for equivalent prosecution fees so that we have a joined-up system?
(2 years ago)
Commons ChamberNo, 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.
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.
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.
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?
(2 years, 5 months ago)
Commons ChamberI am planning a trip to Scotland in the very near future to have the very conversations that the hon. Lady mentions. The Department works closely with the Scottish Government. Only this week, we took a trade delegation of Azerbaijanis up to Aberdeen to look at how people can transition from carbon to renewable energy.
Thank you, Mr Speaker. May I start by endorsing your comments about our colleague, my friend, Jo Cox? She is still very much missed and always will be.
It is vital that we support green industries in the UK, especially those that are exporting products around the world, yet the investor state dispute settlements threaten green industries and renewable energy projects. Many of these provisions are in the energy charter treaty, which lets fossil fuel companies sue Governments who are trying to decarbonise, such as the Netherlands. Will the Government therefore support efforts to remove in full these protections for fossil fuel companies in the energy charter treaty?
I understand that we have never been defeated in any disputes on that particular subject. If the hon. Lady has any specific issues about barriers that she wants to have addressed, I am more than happy to ensure that that conversation is taken forward. As the Minister responsible for exports, I can say that those particular barriers have never been raised with me when talking to partner countries.
(2 years, 7 months ago)
Commons ChamberActually, I secured the first Westminster Hall debate on the subject in 2015. I have to tell the hon. Gentleman that, if it were easy, Governments would have done it before. We have taken time to analyse the results, and we have had a significant response. It is important that we get this right; that is why we are analysing the significant response and bringing forward the legislation later this spring.
I would also like to pay tribute to my hon. Friend the Member for Bridgend (Dr Wallis) for his incredible bravery. Can the Minister reassure me, and indeed the whole House, that legislation on conversion therapy will be introduced to this place prior to the conference that is scheduled to be hosted by the Government in the summer? Will he let us know how preparations for the conference are going?
My hon. Friend raises a very fair point. Both the national LGBT survey of over 100,000 LGBT people and the in-depth Coventry report demonstrated that violent and harmful talking conversion practices continue to take place. That is why we need to act.
I would like to add my best wishes to the hon. Member for Bridgend (Dr Wallis). The Scottish Government are clear about the need to act to end conversion practices in Scotland. They have established an expert advisory group to inform their approach to banning this abhorrent practice. The group will include people with personal experience of conversion practice, representatives from LGBTI organisations, faith communities, mental health professionals and academics; it will meet for the first time tomorrow and complete its work by the summer, reflecting the Scottish Government’s recognition of the urgency of the issue. Given that the UK Government’s consultation on their proposed ban ended on 4 February, can the Minister confirm that the UK Government’s approach will be taken forward on a similarly inclusive and urgent basis?
(2 years, 8 months ago)
Commons ChamberThe Department is working hard to reduce barriers to trade, including for my hon. Friend’s constituents in Warrington South. For example, I can tell him that we have successfully secured access for British wheat to Mexico, poultry to Japan and lamb to the USA, just to name a few of the barriers that have been removed, boosting food and agriculture among many other products across the globe.
Survey after survey of business owners report unnecessary hassle and difficulty in exporting to European markets, with extra red tape, checks and delays too often the norm. As no one in the Government is getting a grip on this, why does the Secretary of State not get herself down to Dover to understand directly what needs doing to ease the very real difficulties that British businesses face?
If we could export broken records, I think the hon. Gentleman would be a winner, but I have to say that his description is far from the truth. What are the Government and the Department doing? We have the export support service, the Export Academy, export champions, international trade advisers in the UK and overseas, agri-commissioners, hundreds of staff focusing on specific sectors, the tradeshow programme, UK Export Finance and trade envoys. The key issue is that in-country, where we find specific issues, we liaise country to country to resolve them. It is simply not true that the Government are doing nothing. In fact, we are seeing exports starting to recover and appetite for British goods and services going up ever more.
The Minister is reeling off figures, but he might want to consider this one: 4,300 fewer businesses in the UK are exporting goods and services than in 2018, according to the Government’s own annual stocktake. Why are this Government so anti-trade?
(2 years, 11 months ago)
Commons ChamberInvestment in South Yorkshire is important, but even more important is investment in northern Lincolnshire. Could the Minister give an assurance that he will work closely with me and with businesses in northern Lincolnshire, particularly to develop the renewable energy sector, in which we have great expertise?
I think there might be a link there somewhere—maybe a road. Carry on.
I think my hon. Friend was campaigning for a rail line last time we spoke about the area.
My hon. Friend will be pleased to know that we will continue to give his area access to the export support scheme, the export champions, the Export Academy and our vast network of international trade advisers.
We share my hon. Friend’s ambition to ensure that the UK remains a global hub for services and digital trade, which is why we are striking a series of advanced, high-standard FTAs with leading nations around the world. We have already made progress: our FTA with Japan provides greater benefits for financial services than the EU-Japan FTA, and includes provisions to ban unjustified data localisation and to support regulatory co-operation. Our recently signed FTA with Australia also includes an ambitious financial services chapter that will enable businesses to build on the £800 million-worth of financial services exported to Australia in 2020. So, Mr Speaker, the answer is yes.
Financial services account for more than 10% of our total tax take and are responsible for more than 1 million jobs throughout the country. Financial services are important not only to my constituents in Kensington but to Scotland, including Edinburgh, Aberdeen and Glasgow, and to Newcastle, Leeds, Bristol and Chelmsford. Does my hon. Friend agree that financial services need to be priorities in all future trade agreements to secure best market access?
(3 years, 1 month ago)
Commons ChamberAs the recently appointed trade envoy to Brazil, it would be remiss of me not to point out just one of the huge opportunities we have in building a positive relationship with Brazil. At 212 million, its population is seven times the combined populations of New Zealand and Australia. Some 65 million people in Brazil do not have a bank account. To build on the point of my hon. Friend the Member for Grantham and Stamford (Gareth Davies), does the Minister agree that financial services represent a fantastic opportunity, not just for this country but to support Brazil in bringing in its own revenues, as it should be?
I am going to be generous—I think it was stretching the original question—but the Minister will pick it up.
Financial services are a huge part of the UK economy. We recognise that they are a huge opportunity for this country to work with our partners, especially Brazil, to ensure that we can share the benefits and expertise that we have with them.
(14 years, 1 month ago)
Commons Chamber I shall make progress, because I have been generous with my time.
We need to ensure that Londoners are protected. Consumer protection is important, and the Bill will not only allow local councils to adopt regulations when it suits their local needs, but more importantly put information at the disposal of London residents for their own protection.
I call Chris Williamson. Welcome to the Front Bench.
I am not going to take the closure motion at this point. I have another speaker on my list, and I think it only right that he is called to speak.