Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 7th March 2017 Commons Chamber

[Luke Hall (Thornbury and Yate) (Con)]

4. What progress has been made on ensuring that only legitimate whiplash claims are successful.

[The Minister for Courts and Justice (Sir Oliver Heald)]

Measures to disincentivise minor, exaggerated and fraudulent whiplash claims are being taken forward in the Prisons and Courts Bill and through changes to reduce the cost of litigation by increasing the small claims limit.

[Luke Hall]

Whiplash claims have increased by 50% over the past decade, at a time when cars are becoming safer and the number of road traffic accidents is falling. Does my right hon. and learned Friend agree that it is time for reform? Can he confirm the extent to which consumers will benefit through lower car insurance premiums, and how does he intend to hold insurance companies to their side of the bargain?

[Sir Oliver Heald]

My hon. Friend is absolutely right to point to the fact that as cars have become safer there have been fewer road traffic accidents. It is shocking that whiplash cases have gone up by over 50% in the past 10 years. The reforms I mentioned will, taken together as a package, ensure that the genuinely injured receive compensation, and fraudulent and exaggerated claims are tackled.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

22. Six thousand vulnerable road users—pedestrians and cyclists—responded to the Justice Department’s consultation on the reforms, expressing concerns that cyclists and pedestrians would be disproportionately affected by any increase in the small claims limit. Will the Minister discuss the proposals with officials and consider excluding vulnerable road user claims from the increase, as discussed yesterday by Cycling UK?

[Sir Oliver Heald]

I pay tribute to the work of the all-party parliamentary cycling group, which the hon. Lady co-chairs. We have taken account of the overall effect of the measures and looked at the representations made. She will have noticed that some of the original proposals have not been taken forward, and the ones we have taken forward we believe are proportionate.

[Mr David Nuttall (Bury North) (Con)]

Obviously, none of us wants fraudulent claims for damages, but have the Government made any assessment of the effect the changes proposed in the Prisons and Courts Bill will have on the numbers of litigants in person?

[Sir Oliver Heald]

Yes. The Government are keen to change the way in which the courts work to make them not just the best in the world but the most modern. This involves new procedures that use online technology—virtual hearings for some small matters and so on. The overall effect is to improve access to justice and improve life for litigants in person. We also have a special strategy for litigants in person, which helps them.

[Jim Shannon (Strangford) (DUP)]

It is very important that we keep insurance premium payments low. However, there is also a need for a framework that ensures there is adequate compensation for serious accidents. How can a balance be struck?

[Sir Oliver Heald]

It is important for that balance to be struck. The whiplash proposals relate to the most minor claims—cases in which the pain and suffering lasts for up to two years. Even then, there is provision for judges, in exceptional cases, to award more than the tariff that is proposed. When serious injuries are involved, however, the system will continue as it is now. It will still be designed to recompense people properly for the injuries that they have suffered.

[Michael Fabricant (Lichfield) (Con)]

A few years ago, I was shunted up the backside—my car was, I mean. Although I was perfectly well, I received a phone call from someone who asked me whether I had whiplash. I said, “No, I do not have whiplash.” The person said, “Oh, go on! Say that you do have whiplash.” I did not do that, because I am an honourable person. My right hon. and learned Friend is absolutely right to reduce the number of bogus claims.

[Mr Speaker]

I am very sorry that the hon. Gentleman is so accident-prone. I remember serving on a Bill Committee with him many years ago, and receiving the distressing news that he had been bitten in a sensitive place in the course of an excursion overseas. He really does seem to suffer a disproportionate share of ill fate.

[Sir Oliver Heald]

In those circumstances, my hon. Friend showed the strength of character that I would have expected of him. It was, of course, shocking to hear from colleagues, during our Westminster Hall debate, of the experiences that they and their constituents had had of this dreadful cold calling. People are being begged to start proceedings when they have not had an injury.

[Richard Burgon (Leeds East) (Lab)]

The Minister claims that there is a compensation culture surrounding whiplash when, in reality, the number of claims has been falling for five years. Even if that were true, however, I should like to know why he is penalising workers throughout the country by increasing the personal injury limit to £2,000, rather than focusing solely on whiplash.

[Sir Oliver Heald]

I am glad to hear the hon. Gentleman—with his background as a personal injury lawyer—raising those concerns. [Laughter.] I see another one behind him, waiting to ask a question.

The simple answer is that it was right to increase the personal injury small claims limit to £2,000. That just reflects inflation. The last increase was in 1991, so it is time for another. As for the whiplash cases, I stand by the £5,000 limit, which I think will get rid of the exaggerated claims.

[Richard Burgon]

The Minister has mentioned inflation. In his 2009 review of civil litigation costs, Lord Justice Jackson opposed any increase in the small claims limit until inflation justified an increase to £1,500. The Government now propose to increase it to £5,000. Can the Minister explain, here and now, precisely how that specific figure was arrived at?

[Sir Oliver Heald]

As the hon. Gentleman knows, we are plagued by a series of minor, exaggerated and fraudulent whiplash claims, and we want to tackle that. We believe that the combination of no settlement of claims without a medical report, the tariffs in the Bill, and the raising of the small claims threshold will disincentivise those claims. The hon. Gentleman should also bear in mind that the limit for ordinary money small claims is £10,000.

[Ronnie Cowan (Inverclyde) (SNP)]

5. What proportion of appeals against personal independence payment awards in Inverclyde were successful in (a) 2015 and (b) 2016.

[The Minister for Courts and Justice (Sir Oliver Heald)]

In 2015, 52% of appeals against personal independence payment awards heard in Greenock were successful. Between January and September 2016, the latest period for which data are available, the proportion was 57%.

[Ronnie Cowan]

I thank the Minister for that catch-up on Greenock.

It is clear that a rapidly increasing number of constituents are losing their benefits, and subsequently winning their appeals. My constituents inform me daily that they are without benefit entitlements for eight to 10 weeks, and many are losing their Motability cars as well. Does the Minister agree that sanctions should not be enforced until the appeals process has been exhausted?

[Sir Oliver Heald]

I think that the hon. Gentleman should view the position in context. The Government are spending £50 billion a year on supporting people with disabilities and health conditions, and the new PIP arrangements mean that 65% of PIP recipients with mental health conditions are receiving the highest rate; the proportion used to be only 22%. Overall, the system works, and the fact that there are appeals and they succeed shows that it works.

[Several hon. Members rose—]

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[Sir Desmond Swayne (New Forest West) (Con)]

Indeed, Mr Speaker. The successful proportion would not matter nearly so much if the Minister could arrange for those appeals to happen a hell of a lot quicker, and if he can fix it in Inverclyde—well, I need not spell it out, Mr Speaker.

[Sir Oliver Heald]

My right hon. Friend makes the important point that justice delayed is justice denied, and it is important that cases are brought on quickly. We monitor them very carefully and provide extra days to tribunals as required, so he can be assured that we are not complacent about this.

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

6. What steps she is taking to ensure that prisoners receive appropriate treatment for mental health problems.

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[Jason McCartney (Colne Valley) (Con)]

7. What progress has been made on making access to affordable or pro bono legal advice more widely available.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government’s court programme aims to deliver a justice system that is more accessible. Legal support needs to reflect the new way in which the justice system will work, so a Green Paper is proposed for early next year. I recently addressed the Civil Justice Council and was able to pay tribute to the work of Mr Justice Knowles and the tireless work of everyone in the pro bono sector that does so much for our country.

[Jason McCartney]

Will the Minister join me in thanking law students from Huddersfield University law school and local law practices for their excellent work in providing a fantastic Huddersfield legal advice clinic in the Packhorse centre? Does he agree that as constituency MPs we must make sure that we can direct our constituents not only to pro bono legal advice but to affordable and accessible legal advice?

[Sir Oliver Heald]

Huddersfield University is known as a beacon in this area, and it has done tremendous work. I was pleased to meet some of the students during pro bono week last year. I pay tribute to them and to all the universities and other bodies that set aside time to help people with their legal work.

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

The Minister will know that much good pro bono work is going on in the legal profession, but does it balance all the crooked, bent solicitors in the insurance industry who are practising in our towns and cities and who are behind the conspiracy over whiplash?

[Sir Oliver Heald]

The hon. Gentleman is right to highlight the improper behaviour that occurs in some cases. It is right that the Solicitors Regulation Authority and disciplinary tribunals take a tough line on that. We have seen some recent examples of that.

[Alex Chalk (Cheltenham) (Con)]

Barristers and solicitors across the country are making a remarkable pro bono contribution worth around £600 million per annum, but they cannot do it all. Does the Minister agree that pro bono must be an adjunct to, and not a replacement for, a properly resourced legal aid system?

[Sir Oliver Heald]

I do agree with that, but with the caveat that we are changing the way in which the justice system works, so that it is simpler and more accessible. We are also using modern technology. We should look at how legal support dovetails with all that. So, yes—but we are moving forward with our plans.

[Joanna Cherry (Edinburgh South West) (SNP)]

In a report called “Cuts that hurt”, Amnesty International highlights the devastating impact of legal aid cuts on vulnerable groups in England. Amnesty concluded that the cuts had decimated access to justice. What steps is the Minister taking to review the impact of the Government’s cuts to legal aid in England and Wales?

[Sir Oliver Heald]

When I addressed the all-party parliamentary group on legal aid, I was pleased to meet members of Amnesty International to discuss their concerns about particular areas of law. We have announced our timetable for the review of the Legal Aid Sentencing and Punishment of Offenders Act 2012, which involves delivering a full memorandum to the Justice Committee by May and holding a full review going through into early next year, at which point there will be a Green Paper on legal support.

[Joanna Cherry]

Since 2013, legal aid funding has not been available in England and Wales for many immigration cases, including family reunion cases. Unaccompanied or separated children making applications to stay in the UK have to do so on their own, without legal assistance. Given Amnesty’s findings, will the Minister follow the example of the Scottish Government and provide legal advice and assistance to vulnerable individuals such as those children, who have to navigate a very complex immigration system?

[Mr Speaker]

Justice questions would be a lot shorter if we did not have quite so many lawyers. They are very clever and eloquent, but they do take up a lot of the time.

[Sir Oliver Heald]

I am not going to make my declaration about that now, Mr Speaker. This is a complex issue. There is a role for the local authorities to play, and there is some legal aid available, but I am in correspondence with Amnesty and am looking into the matter in detail.

[Mr John Whittingdale (Maldon) (Con)]

8. What recent assessment she has made of the extent to which local media report on court proceedings.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We are committed to upholding and strengthening the principle of open justice, in which local reporters play an important role.

[Mr Whittingdale]

Does my right hon. and learned Friend share my concern that more than half of local newspaper editors have said that they think the courts are no longer being reported properly? Does he agree that justice needs not only to be done but to be seen to be done and that the decline of local media represents a real threat to that principle? What more can be done to address this issue?

[Sir Oliver Heald]

Yes, I agree entirely with my right hon. Friend. This is an important area. We are committed to upholding open justice, and local reporting of court proceedings is a key part of that. Under our reforms, we will publish lists of forthcoming criminal cases and their outcomes. We will also allow access to virtual hearings via video screens in local courts, so that reporters can see those proceedings anywhere in the country. We hope that that will make a contribution to the important principle that my right hon. Friend highlights

[Ian C. Lucas (Wrexham) (Lab)]

Does the Minister support the BBC’s proposals to work with local newspapers and local websites such as the excellent Wrexham.com to improve the coverage of court proceedings and local coverage generally?

[Sir Oliver Heald]

In fact, my right hon. Friend the Member for Maldon (Mr Whittingdale) was the initiator of that scheme, which we do support.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

9. What steps she is taking to increase recruitment and retention of prison officers.

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[Wendy Morton (Aldridge-Brownhills) (Con)]

10. What progress the Government have made on modernising the court system.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We are investing £1 billion to reform and take paper out of our courts, and the Prisons and Courts Bill underpins those reforms.

[Wendy Morton]

The Prisons and Courts Bill clearly underpins the Government’s vision to modernise our court system, but I am particularly interested in the measures to allow victims and vulnerable witnesses to avoid the risk of coming face to face with their assailant. Will my right hon. and learned Friend update me, please?

[Sir Oliver Heald]

We will obviously have physical measures, such as the use of screens in courts, but we also intend to maximise the use of video links in criminal court proceedings, to roll out pre-recorded evidence and to make greater use of prison-to-court video links. The Bill also helps to protect vulnerable witnesses in family cases by banning cross-examination by perpetrators in certain circumstances, including where there has been domestic abuse.

[Dan Jarvis (Barnsley Central) (Lab)]

The Victims’ Commissioner’s review of children’s entitlements in the victims code found that the justice system is failing to meet a child’s right to receive information and for that information to be communicated in a timely way. Why does the much-needed update to the young witness pack remain incomplete? When will every child giving evidence get accurate and updated information about the process?

[Sir Oliver Heald]

We are talking against a background where improvements are being made for victims all the time. I accept that more needs to be done for children, and the hon. Gentleman makes an important point. We are looking to produce further measures for victims in due course, and I will make sure that that is considered.

[Mr Jim Cunningham (Coventry South) (Lab)]

11. Which organisations she consulted on the prison service pay award announced by her Department on 19 February 2017.

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[Simon Danczuk (Rochdale) (Ind)]

19. What proportion of legal aid is allocated to cases of foreign nationals convicted in the UK who are appealing against deportation.

[The Minister for Courts and Justice (Sir Oliver Heald)]

It is not possible to isolate cases of that type using the data recorded by the Legal Aid Agency.

[Simon Danczuk]

Just as McCloskey condemned lawyers from Burton & Burton, which represented members of the Rochdale grooming gang, for gaming the system, he also said that Government should investigate that and other examples. What steps is the Minister taking to look at the bad use of legal aid?

[Sir Oliver Heald]

As the hon. Gentleman may know, the Legal Aid Agency does investigate cases that are brought to its attention, and there have been recent examples where contracts have been removed. It is also important to make the point that, even where there is the possibility of legal aid and representation for foreign national offenders, it is limited to cases involving the refugee convention or articles 2 or 3.

[Mr Andrew Turner (Isle of Wight) (Con)]

20. What her plans are for unused land on the prison estate on the Isle of Wight.

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[Owen Thompson (Midlothian) (SNP)]

23. What her policy is on the protection of human rights after the UK leaves the EU.

[The Minister for Courts and Justice (Sir Oliver Heald)]

Human rights have been protected in the UK since long before our membership of the EU, and leaving the EU will not change that.

[Owen Thompson]

What assurances can the Minister give that any future trade deal that is agreed by the UK Government and the EU during negotiations will contain a commitment to human rights?

[Sir Oliver Heald]

As the hon. Gentleman will know, the Joint Committee on Human Rights is looking at that issue. The Department for International Trade has given evidence on this, saying that it is constructing its approach to such agreements at the moment. This country has always been a strong supporter of human rights, and I cannot see that changing.

[Bob Blackman (Harrow East) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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[Karl MᶜCartney (Lincoln) (Con)]

T8. I have been raising the issue of false and exaggerated whiplash claims ever since I was elected. Can the Lord Chancellor ensure that her plans for change in this area will be successful and result in real benefits, such as much lower premiums for law-abiding drivers?

[The Minister for Courts and Justice (Sir Oliver Heald)]

May I pay tribute to the work that my hon. Friend has done on the Transport Committee to highlight this important issue? We hope that every motorist will see a benefit of £40. We are certainly pressing hard on the issue.

[Ian C. Lucas (Wrexham) (Lab)]

T7. Police and voluntary services are being overwhelmed on the streets of Wrexham by incidents of the use of psychoactive substances. Will the Lord Chancellor please ask Her Majesty’s prison Berwyn to share its specialist knowledge of the subject with agencies in Wrexham?

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[Kate Green (Stretford and Urmston) (Lab)]

T10. Rather than curtailing access to justice for those with legitimate personal injury compensation claims, why are Ministers not cracking down on the cowboy aggressive marketing of claims management companies?

[Sir Oliver Heald]

It is important to do both, and we have a package of measures that achieves that, so I do not think the hon. Lady need concern herself that we are not taking this forward.

[Lucy Frazer (South East Cambridgeshire) (Con)]

As the Secretary of State mentioned, the Supreme Court judges application process ends on Friday. In circumstances where around 20% of Court of Appeal judges and 20% of High Court judges are female, what is she doing to ensure we get more diversity in our highest courts?

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[Justin Tomlinson (North Swindon) (Con)]

The vast majority of successful personal independence payment appeals succeed because of late additional submitted evidence. What discussions has the Minister had with colleagues in the Department of Health to automatically share supportive medical evidence at the beginning of the process?

[Sir Oliver Heald]

My hon. Friend makes an important point about the way in which the process should work, and it has been the aim of the reforms to achieve that, but I am happy to discuss the issue further with him.

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the Secretary of State recognise that current human rights legislation adheres minimally to the provisions contained in the Good Friday agreement for Northern Ireland and therefore that the Human Rights Act 1998 should be retained?

[Sir Oliver Heald]

I am grateful to the hon. Lady for that. As she knows, we have made an announcement that there will not be an imminent change, because, although we have a mandate for that, we want to find out what the outcome of the Brexit negotiations is, and that is, in itself, a major constitutional change.

[Tom Pursglove (Corby) (Con)]

Developing skills in prison is crucial to successful rehabilitation, but it is important that those skills translate into the real world. What consideration are Ministers giving to ensuring that skills development in prison dovetails with the needs in the industrial strategy?

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[Rachael Maskell (York Central) (Lab/Co-op)]

With cuts to local government funding and other sources, access to advice on civil matters is being squeezed harder than ever. There are cuts of 50% in York. What is the Justice Secretary doing about this?

[Sir Oliver Heald]

As I explained earlier, we are re-engineering the system, so that it is much easier to access for members of the public, and we are also reviewing legal aid.