Oral Answers to Questions
Oliver Heald Excerpts(7 years, 10 months ago)
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Matt Warman (Boston and Skegness) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
The Government’s reforms will modernise the courts and tribunals system and improve the experience of everyone who comes into contact with it, particularly victims and witnesses, but we need to make sure that the provision of legal support is also updated to reflect the new way the justice system will work. We will work closely with the legal sector, victims and witnesses and others to review across the board the types of support needed in a modernised justice system and produce a Green Paper in the spring of 2018.
Matt Warman
Technology can mean that courthouses that were little used and have closed can still allow constituents to get access to justice. Can the Minister confirm that Skegness courthouse is going to receive the kind of technology solution that will allow my constituents still to get access to justice, and that that will not come at a cost to the local police?
Sir Oliver Heald
We are working with local interested parties to establish a video link facility for Skegness. That will allow victims and witnesses to give evidence without travelling to Boston.
Danny Kinahan (South Antrim) (UUP)
Yesterday, the British-Irish Parliamentary Association heard how well the Garda and the Police Service of Northern Ireland are working together. When we leave the EU, however, it looks as if we will become associate members of Europol, and the Schengen information system is another item that we need to keep together. Will the Minister ensure that we are in either the same place or a better place?
Sir Oliver Heald
Excellent. I would be happy to discuss the issue with the hon. Gentleman or indeed to pass his remarks to the Secretary of State for Exiting the EU to make him aware of the hon. Gentleman’s concerns.
Richard Graham (Gloucester) (Con)
Sir Oliver Heald
Yes. I had a very useful meeting with my hon. Friend, and I can certainly confirm both the points he makes. I am particularly keen to get that skylight fixed for him. I am working hard on that.
Rob Marris (Wolverhampton South West) (Lab)
In his reply to the question from the hon. Member for Boston and Skegness (Matt Warman), the Minister referred to modernising the tribunal system. Does he agree that part of that modernisation should be getting rid of employment tribunal fees, the introduction of which has led to a cut in the number of employment tribunal cases by two thirds and a cut of more than 80% in sex discrimination cases? Can the Minister announce today that those fees will indeed be abolished as part of access to justice and modernising the system?
Sir Oliver Heald
As the hon. Gentleman knows, we have been reviewing employment tribunal fees, and I can say that the publication of that review is imminent. Having said that, there is a difference of opinion across the Chamber on this matter. We think it right that individuals should contribute to the costs of the tribunals. It is also worth bearing in mind that ACAS has increased its workload in employment cases from about 23,000 cases a year—the number it used to conciliate—to 92,000 cases now. The result has been a very large increase in the number of cases that do not then proceed to the tribunal.
Rehman Chishti (Gillingham and Rainham) (Con)
Sir Oliver Heald
I do agree. We have the best legal system in the world, but we also need to have the most modern one. Getting as many things out of court that do not need to be there, applying the full force of judge and courtroom for the most difficult and complex issues, stripping away unnecessary hearings, redundant paper forms and duplication are all important. I can report that, while two hearings ago, there was a saving of a Shard-load of paper as a result of these reports, that has now gone up to three Shard-loads, so we have saved a pile of paper as high as the Burj Khalifa, the largest building in the world.
Mr Speaker
What a well-informed fellow the right hon. and learned Gentleman is.
Christina Rees (Neath) (Lab/Co-op)
The new chairman of the Bar Council, Andrew Langdon QC, has warned people not to rely too heavily on the delivery of justice online. Yesterday the President of the Family Division, Sir James Munby, complained that facilities in his courts were a disgrace,
“prone to the link”
—the video link—
“failing and with desperately poor sound and picture quality”.
His own court, Court 33, has no such facilities and no video links. Does the Minister understand that some cases are not suitable for video links, and is he prepared to properly resource the ones that are?
Sir Oliver Heald
It is important for the courts to have the facilities that they need, which is the reason for our modernisation programme. As for the concern expressed about open justice, everything will work on the basis that people are able to see what is happening in a virtual hearing, so there will not be any secret justice.
Bob Blackman (Harrow East) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
We are committed to reforming our domestic human rights framework, and we will return to our proposals once we know the arrangements for our exit from the European Union.
Angela Crawley
In September, the Secretary of State said that she was expecting to meet the Scottish Justice Minister to discuss the repeal of the Human Rights Act in Scotland. How does she plan to guarantee that the proposed British Bill of Rights will not compromise the autonomy of the Scottish legal system?
Sir Oliver Heald
The Secretary of State has offered some dates, and I hope it will be possible for the meeting to take place. There will be some time for that now, because, as I have said, we will return to our proposals once we know the arrangements for exit from the EU.
Mr David Nuttall (Bury North) (Con)
It is of course right that our manifesto commitment to replace the Human Rights Act remains on the Government’s agenda, but does my right hon. and learned Friend agree that leaving the European Union and freeing the United Kingdom from the bonds of the charter of fundamental rights must be their top priority?
Sir Oliver Heald
I do agree with that. I think it important for us to sort out the EU side of matters, and the exit from the EU, before we return to that subject.
Carol Monaghan (Glasgow North West) (SNP)
Sir Oliver Heald
I do not accept that the sort of changes we are proposing to consider once the situation is known about our exit from the EU would be a crisis-making combination. This country has always had a proud respect for human rights; it long predates the Human Rights Act, and I think we can all agree on that.
Mr Philip Hollobone (Kettering) (Con)
Paul Blomfield (Sheffield Central) (Lab)
Paul Blomfield
The Prime Minister claims she wants to protect workers’ rights. Is not the Government’s fear in publishing this report that it is going to demonstrate that the introduction of fees has negated that process? The Minister earlier said that publication is “imminent”; his predecessor said last July it was “soon”. Can he define the terms and give us a date?
Sir Oliver Heald
The hon. Gentleman will not have long to wait; it is genuinely imminent—but it has taken longer than we had hoped.
Deidre Brock (Edinburgh North and Leith) (SNP)
Dr Tania Mathias (Twickenham) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
We welcome the Bill from my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on this subject, because we are determined to provide help to the families left behind when a person goes missing. It is our policy to introduce legislation, but we also now look forward to responding to my hon. Friend’s Bill on Second Reading.
Richard Burgon (Leeds East) (Lab)
There are two things that are dangerous for our democracy: attempting to ignore the outcome of the referendum, and standing by while the independence of Britain’s judiciary comes under attack. In the light of that, I welcome the progress that the Secretary of State has made today, under pressure, in speaking up for the independence of our judiciary, but that has not deterred the continuation of the attacks. Will she now, once and for all, condemn the attacks on our judiciary?
Sir Oliver Heald
My hon. Friend and I have discussed this matter informally. The welfare of the child is always paramount in court decisions, but he will remember that parental involvement provisions were inserted into the Children and Families Act 2014. The courts are now required to presume that a parent’s involvement in the child’s life will further that child’s welfare unless the contrary can be shown.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Helen Hayes (Dulwich and West Norwood) (Lab)
Sir Oliver Heald
I thank the hon. Lady for her response to the consultation, which has now closed. We will, of course, announce our decision in due course. As was made clear in the consultation, there is excess capacity in London magistrates courts. Camberwell Green has significant outstanding maintenance, totalling more than £1 million. The consultation is about ensuring modern and efficient courts and improved court arrangements for everyone.
Ms Margaret Ritchie (South Down) (SDLP)
Does the Secretary of State recognise that, in relation to the Human Rights Act, the Good Friday agreement requires the European convention on human rights to be directly enforceable in Northern Ireland?
Sir Oliver Heald
As the hon. Lady knows, it is important that all matters to do with devolved arrangements are fully considered in that context and, in the light of my announcement today, there will be more time for that.
Maria Caulfield (Lewes) (Con)
Stephen Crabb (Preseli Pembrokeshire) (Con)
Ministers will be aware of the disturbing incident that took place recently at Haverfordwest magistrates court, where a defendant, while in the dock, was able to use a sharp object to carry out a serious act of violence against themselves. Will the Secretary of State please commit to looking into what went wrong with the security arrangements at the court? No one should be in a position to do harm to themselves or others in any courtroom in England and Wales.
Sir Oliver Heald
My right hon. Friend makes an important point about an extremely concerning incident. I have been briefed already, but I have asked for a further report from Her Majesty’s Courts Service on exactly what happened and what measures are necessary to ensure that such an incident does not happen again.
Restorative Justice
Oliver Heald Excerpts(7 years, 10 months ago)
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Mr David Hanson (Delyn) (Lab)
It is a pleasure to serve under your chairmanship, Mr Evans. I am grateful for the opportunity to follow my friend—in this context—the hon. Member for Bromley and Chislehurst (Robert Neill), who as Chair of the Justice Committee has ably steered our report and brought our conclusions to the House. He covered a number of the report’s points and I do not wish to go over the same ground; I just want to focus on a couple of issues and perhaps focus the Minister’s mind on a couple of the report’s key points and recommendations.
It is clear to all members of the Committee—and, in fairness, I think to the Government, too—that restorative justice has a value. It is a useful tool for helping people who have committed crimes to understand the impact on the victims and, through that process, for helping to prevent reoffending. There is general agreement from the Justice Committee, the Opposition—I look forward to hearing from my hon. Friend the Member for Neath (Christina Rees) in due course—and the Government that there is a valuable role for restorative justice. Indeed, when I held ministerial roles, I propagated restorative justice both in Northern Ireland and in the United Kingdom as a whole. There is a genuine understanding of it.
The Minister for Courts and Justice (Sir Oliver Heald)
The right hon. Gentleman may recall that when he and I served on the Crime and Courts Bill Committee, we both made common cause for the restorative justice condition for deferred sentences, so that it had a stronger footing.
Mr Hanson
Indeed. As I say, there is common ground across the House, the various parties, the Justice Committee, this Government and, I believe, the previous Government to ensure that we can facilitate restorative justice. There is evidence—it is anecdotal, so we might not give it too much weight—that every £1 spent on restorative justice can save £8 in further costs down the line. That is important.
The Government’s commitment of £29 million, in their November 2013 plan, to help the development of restorative justice is supportive and indicative of the progress that needs to be made. However, I want to press the Minister on a couple of points, if I may. First, I would welcome some clarity from him on what the £29 million, which we have discussed in the Justice Committee, has been spent on. Has it been spent on restorative justice? I ask because it was not ring-fenced, but was part of a general grant. Has he produced a list of projects that benefit from that £29 million investment? If it is being spent on restorative justice, is it for local decision making? What is the Government’s assessment of what works best for restorative justice? Simply pouring £29 million centrally to police and crime commissioners without a ring fence and hoping that it will develop the seedcorn of good, positive, evaluated, determined restorative justice may not be enough; it may need a little more central direction from Government.
That point leads me to recommendation 66 of the Committee’s report:
“The Ministry of Justice is well placed to take a leadership role in restorative justice and set out a clear overall vision for how it expects restorative justice services to be delivered.”
The Ministry responded to our recommendation—I would be grateful for the Minister’s concentration on this—in paragraph 17 of the Government’s response:
“The Government agrees it is important that all relevant parties have a common understanding of how restorative justice works within the criminal justice system in England and Wales. We will consider the points raised by the Committee before publishing a progress report.”
With due respect, that is civil-service speak for: “We don’t know what we’re doing at the moment and we’d like to come back to it later.”
The test for the Minister is whether he can give some indication today of how he envisages a viable restorative justice scheme that avoids the postcode lottery that our report referred to. That might be through effective use of the £29 million; it might be by picking from operational schemes that the Ministry of Justice thinks are working well, have an output and have proved successful in reducing offending and giving victim satisfaction; or it might be from both those things. It is important that he focuses in his reply on how he envisages ensuring that people in north Wales get the same services and opportunities as people in south Wales, in Hertfordshire, in Bromley and Chislehurst and in every other part of the United Kingdom—perhaps even in Ribble Valley, Mr Evans.
We need a collective understanding of what is available, so that people do not feel left out because they cannot access a service. I recognise that we cannot deliver everything or concentrate on everything. The Minister’s response to paragraph 66 therefore needs to look at the key issues: what works, what is good value for money, what gives best victim satisfaction, what most reduces reoffending and how individuals become aware of the offer in the first place.
Our report refers to the understanding of restorative justice. I have to go back to a point that I know Members will be aware of: someone minding their own business who suddenly becomes a victim of crime may not necessarily know what the courts and the police service do, what restorative justice is, how it is available, what benefit it might bring to them or what it might do to prevent future victims from going through the same experience. Until the day someone is a victim, they are not focused on the criminal justice system. I therefore ask the Minister not only what is available, whether it is a postcode lottery and how the funding is used, but how victims become aware of the facilities and support available in their local area. If the Government’s direction of travel is towards localism, how does someone in north Wales who is minding their own business today, living their life peacefully and not expecting to be a victim of crime, but who wakes up as a victim tomorrow, know that such services are available? How do they know how to access them? How are they helped through at a local level?
Those questions take us back to the postcode lottery. I have no problems with devolving funding to police and crime commissioners or local services through community rehabilitation companies, the voluntary sector or other means, but my test for the Minister on his responsibilities is how he assesses what works, who is doing it and whether it is happening. If he is putting a pot of money in, how does he know that it has been delivered at a local level? I would welcome it if the progress report promised in paragraph 17 of the Government response considered those points.
Finally, I would welcome some information from the Minister on what progress has been made on the victims’ law. As the hon. Member for Bromley and Chislehurst mentioned, it was promised in the Conservative manifesto and there was promise of a Green Paper and of legislation. However, we will have a Gracious Speech in May and there is still no Green Paper on a victims’ law. There may be reasons for that. I understand that this is a five-year Parliament—I believe it is—and if that is the case, it might be helpful to people who are interested in this topic for the Minister to say, without breaching any confidentialities, at what stage in this five-year Parliament he expects to bring forward the Green Paper and at what stage he expects the legislation to be in place, to give some support to the principle of the victims’ law, on which, again, I would expect general cross-party co-operation.
With those comments, I hope I can encourage the Minister to respond in a positive way to what is a positive report.
The Minister for Courts and Justice (Sir Oliver Heald)
As usual, it is a great pleasure to be in your charge, Mr Evans.
I will start by making some general remarks, and then I will come on to some of the points that have been made in the debate. We have had a good debate, opened by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), in his customary way. He drew on his experience and made a number of very important points, which I will come to as my speech unveils itself.
We were lucky to hear the wisdom of the right hon. Member for Delyn (Mr Hanson), who has a lot of experience in this area, both as a Minister and as a very constructive member of the Opposition during, for example, the passage of the Crime and Courts Act 2013, which makes provision for restorative justice. My hon. Friend the Member for Henley (John Howell) made some excellent points about domestic abuse and the position of young people. My hon. Friend the Member for Congleton (Fiona Bruce) came up with a very good way of illustrating the advantages of restorative justice by pointing to the experience of particular prisoners. I must say I am rather impressed by the fact that she was so busy on Christmas day, as I know what a special day of the year it is for her. My hon. Friend the Member for Banbury (Victoria Prentis) mentioned the charity Why me?, which I intend to mention in a moment. The Front-Bench Members also made some very constructive comments.
It is critically important that victims get the support they need to help them cope with the trauma that crime can cause, and whenever possible to recover from it. I believe that restorative justice can be part of that. I pay tribute to all those involved in providing restorative justice and enabling it to happen, including the Restorative Justice Council. We need the council, which brings together the various bodies that provide such services and which has innovated to tremendous effect in the area, exactly because in restorative justice we have seen a lot of innovation by particular individuals, groups and bodies. In a way, we are on a journey, from the early days when restorative justice tended to be seen as a way of helping young offenders to realise the nature of their actions through to the existing position in which we see it as valuable for victims, so giving it a wider remit than previously. In the code of practice for victims of crime, for example, there is now a substantial section dealing with restorative justice, from page 34 of the document.
In 2013, as I mentioned, the right hon. Member for Delyn and I served on the Public Bill Committee considering what is now the Crime and Courts Act, which I was taking through as a Minister. With all-party support, we introduced the restorative justice condition in the context of deferred sentences. Restorative justice is the process that brings those harmed by crime into communication with those responsible for it. It allows everyone affected by a particular incident to play a part in finding a more positive way forward. A fundamental element is dialogue between offender and victim, although that does not need to be face to face.
Where a person has committed a criminal offence and a criminal justice response is appropriate, it is not right that restorative justice activity should take place on its own; it should be alongside, not instead of a criminal justice response. We know from research in this country and abroad that restorative justice can be a positive experience and empowering for victims, as was mentioned by my hon. Friend the Member for Henley—I would not necessarily suggest that they go in for a fight with Mike Tyson. The point that my hon. Friend made was quite right, however, that restorative justice can change the way in which individuals feel about what was a dreadful experience for them.
Restorative justice can also help offenders to reduce their reoffending. My hon. Friend the Member for Bromley and Chislehurst, with his 30 years of experience at the bar—I can probably admit a fair amount myself—my hon. Friend the Member for Congleton and the SNP spokesman, the hon. Member for Dumfries and Galloway (Richard Arkless), all made it clear that many people simply do not consider their actions—they have no insight into them. Restorative justice can do something about that, so it is important in that way.
As far as victims are concerned, some present may remember reading about Paul Kohler, the well-known law professor who suffered a most brutal attack during a burglary. Photographs published in the media showed the terrible injuries he sustained, in particular to his face. Paul has spoken powerfully about how he and his family accessed the restorative justice process and how it had been important for them. The Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), who is the victims Minister, recently met Paul through the restorative justice organisation Why me? to learn how his first-hand experience of restorative justice had helped him.
There are therefore reasons to be supportive of restorative justice. As the Justice Committee report makes clear, however, it is important that we develop our understanding of the area and what it can deliver, in particular with its effects on victims. We need to do that through proper research and effort. Our vision is for good-quality, victim-focused restorative justice to be available at all stages of the criminal justice system, which was a point made earlier. It is essential that victims who want restorative justice can access it at the stage that is right for them. Every victim participating should feel safe and in control. I know not every victim will want to participate. Restorative justice should remain voluntary. With domestic violence in particular, which was mentioned by a number of colleagues including my hon. Friend the Member for Henley, we must continue to ensure that no victim feels pressured into taking part. That is key to our approach.
As we highlighted in our response to the Justice Committee report, in recent years a lot of work has been done to make that vision a reality. Police and crime commissioners now receive funding to provide or commission restorative justice services for victims as part of a range of services to support victims of crime. The figure is about £23 million over three years, but it is of concern that the budget has not been spent in full—the money has been spent on victim services, but not all of it on restorative justice services. We need to look into why and at the effectiveness of the spending.
Measures such as the restorative service quality mark and the training provider quality mark, which were developed by the Restorative Justice Council with Government funding, offer assurance to those commissioning services and to victims that services are of a high standard. As is known, the national probation service is working closely with the council to produce guidance on that. We also funded the council to work with a range of criminal justice organisations to develop targeted information packs aimed at helping criminal justice practitioners better understand restorative justice and its benefits.
Robert Neill
The Minister is giving a comprehensive response, for which I am grateful. Does he accept that the need to ensure that the money is properly spent and well spent, as he referred to, is precisely the reason why it is important to press ahead firmly with the annual collation and publication of the spend by PCCs, so that we have genuine transparency and build the evidence base that he is seeking to achieve to make progress?
Sir Oliver Heald
My hon. Friend the Member for Bracknell is looking at that at the moment. The other concern, however, is that although much is about gathering information—I fully accept that—this is an area with an absence of objective research. We need to grab the information about what is effective, why the spending is what it is, and the national picture showing the differences between areas.
Sir Oliver Heald
Twenty-three million pounds was allocated, and £11 million was spent on restorative justice, so the concern is the gap, which is where we need to gather and work through the information.
Sir Oliver Heald
Of course the money is not ring-fenced, so police and crime commissioners who receive it are able to spend it on other victim services. However, the right hon. Gentleman is absolutely right that the amount for restorative justice was £23 million, so questions need to be answered. He asked us to say something in our update report on the action plan, which I will mention in a moment, and I will certainly bring that point to the attention of those who are preparing the response.
As we build on those foundations, we will take account of the Justice Committee’s work and the recent review of the Victims’ Commissioner, as well as working closely with police and crime commissioners and their association. It is excellent that the Victims’ Commissioner has been able to be in the Public Gallery for our debate. On a personal note, having attended a Crown Prosecution Service conference at which she spoke a couple of years ago, I was very impressed with the personal commitment she made to this area after experiences in her own life. Her role is very important and the way in which she performs it is admirable.
The priority now is to be satisfied by the evidence that the restorative justice services being funded or delivered meet the needs of victims of crime throughout England and Wales. Victims’ needs must be met. There is good practice in delivery, which it is important to share. My Department will work with a number of police and crime commissioners and the Association of Police and Crime Commissioners to identify and share good practice and to obtain the data I mentioned that will not only help us but help areas to assess how well they are doing compared with other areas. In the long term, we want to introduce consistent outcome measures across all victim services, including restorative justice, which will allow us to take a more detailed and systematic approach to identifying and sharing good practice and driving up performance. It will also provide a firm evidence base on which we can make decisions about the future landscape of victim services. I should have said that we are also looking carefully at the range of proposals made by the Victims’ Commissioner and others.
I should perhaps say that if I do not finish dealing with all the points that have been made, we will go through them and write to the Committee.
I was asked about the action plan. The original plan for the period until March 2018 was published in November 2014. Ministers decided to publish a progress report covering that period. However, written evidence to the Committee highlighted the progress so far. We explained, for example, that we had the national conference in 2015, regional workshops to share best practice, and successful awareness-raising campaigns in both years during International Restorative Justice Week. Ministers have decided to continue with the action plan and refresh it. The victims Minister has been engaged in that detailed work since November, and we are not far away from publishing it.
Robert Neill
I am grateful to the Minister for that information. Can we therefore take it that, precisely as he says, the plan will be refreshed but there will not be a fresh plan, as has been suggested at some points?
Sir Oliver Heald
Yes, we aim to publish the update—if I can call it that—or refreshment of the plan as soon as possible. As I say, the victims Minister is working hard on that at the moment.
My hon. Friend the Member for Banbury mentioned the national protocol for information sharing. The significant changes in the criminal justice landscape in the last few years—the introduction of community rehabilitation companies, the greater involvement of the private and voluntary sectors, and so on—have changed the information-sharing equation, so we have had to do further work on that. A national protocol may not necessarily be the final outcome from that, but it is certainly an important issue to address.
I have mentioned the position on victims’ participation in restorative justice and the need for undue influence not to be imposed. Someone asked about the paper on the use of restorative justice in domestic abuse cases that is mentioned in the ending violence against women and girls strategy for 2016 to 2020. We are working on that with stakeholders, and we certainly intend that paper to go ahead as previously announced.
I was asked about the police’s use of what is often described as first-tier restorative justice, among other such names. It is made clear in the victims code, which I referred to, that community resolutions by the police are not restorative justice, but it is clearly wrong that that sort of approach—saying, “There has been a discussion between the parties and therefore nothing else should happen”—should not be taken, particularly in domestic violence cases. It is contrary to guidance, it is not in the victims code, and we continue to press to ensure that that is not the way things happen on the ground. We are certainly not keen to encourage that street-level or level 1 RJ, and it should not really happen.
My hon. Friend the Member for Banbury asked about pre-sentence restorative justice. Police and crime commissioners are best placed to determine how to meet the needs of victims in their areas. Given that there are innovative bodies in this area that are prepared to try particular approaches to restorative justice, there are advantages in allowing several approaches to be tried, and it is important that we do not make things so restrictive that we lose those advantages. However, we moved to put restorative justice in a legislative context through the Crime and Courts Act 2013, which I have dealt with, and the national probation service is working with the Restorative Justice Council. Those measures, which are designed to ensure that there is a standard approach, but not so standard that there is no innovation, are all moves in the right direction. There is of course a lot of detail about exactly what is going on.
I was asked about the role of probation. I have mentioned the guidance that is being prepared. There has also been a big effort to raise awareness in prisons. The national probation service has positioned itself not so much as a direct provider of restorative justice—although the community rehabilitation companies provide a direct service—but as a referral agent that seeks to ensure that knowledge, experience, capacity and value are maximised and best practice is shared.
I was asked about the differences in the victims code in the availability of restorative justice for offenders of different ages. As my hon. Friend the Member for Bromley and Chislehurst said, that is a historical matter. Because restorative justice was first provided for young people, it is in some ways more advanced for young people than it is for adults. We are certainly looking at the points that have been made about extending availability to victims on the basis of not so much the age of the offender but merit.
How do victims find out about restorative justice? Several things are happening here. The victims code requires victims to be informed about restorative justice, and PCCs have a duty to advertise it on their websites. We are also taking awareness-raising measures in prisons, which I think have been alluded to, and doing work to encourage professionals to understand the importance of restorative justice.
I probably have time to mention the ring-fencing of funding, which we used to do. Police and crime commissioners feel that flexibility is helpful, so we are keeping that under review, but it is certainly not acceptable that spending on restorative justice should fall too low. I conclude by saying that the Select Committee produced an extremely valuable report about an extremely important area, and I am glad that our response was acceptable.
Access to Justice
Oliver Heald Excerpts(7 years, 10 months ago)
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Rob Marris
I will get on to that. It is interesting and a great declaration, but of course other changes in the past five years or so have led to an increase in insurance company savings of £8 billion in claims costs. That has not been passed on in terms of reduced premiums, which have continued to go up, so I will believe it when I see it. The Government’s own calculations suggest that at least 90% of the money has to be passed through—the term for returning money to policy holders—for there to be any benefit at all.
The Minister for Courts and Justice (Sir Oliver Heald)
As the hon. Gentleman will know, the small claims limit is being put up in all the other jurisdictions, apart from this one, to £10,000. Is it really right that motorists should each pay £40 a year extra, simply so that the sort of solicitors firms he referred to can continue to do work on these very small claims?
Rob Marris
The limit has not gone up in Scotland for personal injury claims. I will get on to the figure of £40 a year and whether it is accurate or not.
So much of this information comes from the insurance companies, which are making huge profits. Premiums have gone up 17.2% in the past year, which I regard as unacceptable. I asked the Association of British Insurers about that on 3 January, and it kindly replied a week later. I am not a statistician, but I have knocked around statistics a lot, and its approach is strange, to say the least. It says:
“Given there is no objective medical evidence for whiplash type injuries, with diagnosis often being made on the basis of the claimant’s word, the ability to prove beyond all reasonable doubt that the claimant has not sustained an injury is both incredibly challenging and expensive.”
That is typically misleading of the Association of British Insurers. The Minister will know, as a distinguished lawyer, that if the insurers refuse to pay out on a claim and the policy holder says the insurers are wrong, the policy holder makes a claim in the civil courts against his insurers, where the test is not about proving something beyond reasonable doubt, but based on the balance of probabilities, which is a much easier test to pass. So that is a straw man, but it is true in terms of criminal actions.
The ABI also states that
“actual criminal convictions clearly only represent the tip of the iceberg, and are not in any way a true reflection of the level of fraud that insurers and wider society face on a daily basis… While some of those cases may have an innocent explanation, many more cases of successful fraud go undetected, especially for whiplash.”
The ABI is assuming what it is trying to prove. It is assuming that there is fraud, but it admits that if there are such cases, they are going undetected. We do not know whether there are undetected cases of fraud or there never was a case of fraud. If it assumes what it is trying to prove, I certainly hope my insurance premiums are not set by insurance company actuaries who take such an approach.
Sir Oliver Heald
That is all very well and good, but the hon. Gentleman must know that the number of road claims has gone up from 460,000 in 2005-06 to 770,000 in 2015-16, and that 90% of them are for whiplash at a time when our roads are getting safer and our cars have seen huge road safety improvements in their manufacture. How can this be?
Rob Marris
It cannot be because the Minister has the figures wrong. The Government’s compensation recovery unit indeed talks of 771,000 claims in round terms, of which 441,000 are for whiplash. That figure has come down by 7% since 2011-12. The overall figure is already coming down, so it is not going in the direction the Minister thinks it is and perhaps he will rethink the proposals.
The ABI says that its statistics
“are therefore intended to provide an indication of the volume and value of fraud detected by the industry. These statistics do not include claims which involve exaggerated personal injury, particularly for whiplash, where the claim has been paid.”
However, it also says that insurers pay out on 99% of claims, so apparently we are talking about the 1% and that is what all these assumptions are based on. That is not a good basis for creating public policy.
Rob Marris
I will reply to the hon. Lady first. I agree entirely with her. I will give way to the right hon. and learned Gentleman, as the Minister, but I will just say that the Ministry of Justice anticipated between 5,000 and 7,000 applications annually. The actual figures are far lower than that. One reason—perhaps the Minister, when he intervenes, can promise to do something about this—is that, understandably, many solicitors are unwilling to make applications to the ECF because it is so bureaucratic, even though this Government say that they do not like bureaucracy; it takes between six and 10 hours just to make the application. The cuts have had far-reaching negative implications for children and vulnerable young people as well.
Sir Oliver Heald
I was just going to ask whether the hon. Gentleman agrees that domestic violence cases are within scope, and that a victim would have legal aid in the way that I outline. As for the exceptional cases fund, which the hon. Gentleman has challenged me to say something about, 1,200 cases a year is the current rate, and 53% are being granted; that is the latest.
Rob Marris
That is helpful, but it kind of makes my point for me. The right hon. and learned Gentleman’s own Ministry—before he was there, I have to say—anticipated between 5,000 and 6,000 such applications. A 53% success rate seems to me, on the face of it, to mean very stringent criteria, given how long a solicitor will spend preparing the application—and they will not get paid for that preparation, which suggests that the solicitor making the application on behalf of the vulnerable individual thinks that there is a very good chance of success. But what do they find? It is about half.
In time-honoured tradition, I will ask the Minister some questions, which I hope he will be able to answer. I did give him some notice of them, but only at noon today, so although he is a hard-working Minister, he may not have had the chance to get on top of them all. On small claims, does the Minister accept that there will not be a level playing field if the proposed changes are introduced, because they will remove funding currently available for injured people to instruct lawyers, leaving them having to act as litigants in person on personal injury small claims?
Does the Minister seriously contend that there is a fraud crisis in relation to workplace injury claims, which the proposed changes would cover, and if he does, which he may, what independent evidence, not from the insurance industry, does he have of such a crisis?
The impact assessment for the proposals says that there will be a cost to the NHS of at least £13 million a year and to the Treasury of at least £135 million a year, and an increase in insurance company profits of £200 million a year. Does the Minister accept that that means that the Treasury will lose out while the insurance industry gains? If he does not accept that, perhaps he could explain why.
Can the Minister say by what date the Department will publish its review of the impact of employment tribunal fees, and what data the Department has on how such fees have affected the use of alternative dispute resolution services? What steps will the Government take to try to ensure that all children and vulnerable young people can get legal aid? The Minister has already mentioned some changes in that regard. Following on from that, will he give a commitment to review the exceptional cases funding system to make it much more accessible, and if he will not, can he explain why not?
Justin Madders (Ellesmere Port and Neston) (Lab)
It is a pleasure to serve under your chairmanship, Mr Davies. First, I congratulate my hon. Friend the Member for Wolverhampton South West (Rob Marris) on calling this incredibly important debate. Although it is a broad debate, I will focus on an area that I have spoken about many times before and sadly find myself having to speak about again—one that, as a former employment lawyer, I know well: the devastating impact that the introduction of employment tribunal fees has had on access to justice.
I will not repeat the entire history of this issue—the Minister knows the landscape well—but I will summarise. In July 2013, for the first time a person had to pay a fee before they could proceed with an employment tribunal claim—two fees, in fact: one at the commencement of the claim and one before the final hearing. Following the introduction of fees, the number of single employment tribunal claims plummeted by 67%, from an average of 13,500 per quarter to just 4,400 per quarter. One of the oft-cited reasons for the introduction of fees was that it would deter vexatious and weak claims, yet the proportion of unsuccessful claims has remained stable. It is therefore clear that all that the fees system has done is deter people who have valid claims from upholding their rights. That conclusion is shared by the cross-party Select Committee on Justice and a range of specialist organisations that submitted evidence to it, including Citizens Advice, Maternity Action and the Bar Council.
The Justice Committee reported that many judges say that they now hear no money claims at all. The report says:
“Prior to the introduction of fees money claims were often brought by low paid workers in sectors such as care, security, hospitality or cleaning and the sums at stake were small in litigation terms but significant to the individual involved. There are few defences to such claims and they often succeeded.”
Have all those employers suddenly changed their behaviour and is everyone now getting paid correctly? No. What is far more likely is that those whose wages are being docked are simply saying, “Well, it will cost me more to go to a tribunal to recover this money than the amount I have lost, so I can’t afford to take that risk.” That, to quote the Prime Minister from just a few days ago, is an example of the
“everyday injustices that ordinary working class families feel are too often overlooked.”
Sir Oliver Heald
Is the hon. Gentleman not forgetting the other measure that was taken, which was to require claimants to go to ACAS? Is he not aware that the number of cases going to ACAS has gone up from 23,000 a year to 92,000 a year, and that the effect has been that about half of the cases have been resolved or dealt with in a way that meant they no longer need to go to the tribunal—so 45,000 cases are dealt with for free?
Justin Madders
The Minister presents those statistics but forgets to mention that the arbitration system with ACAS was actually introduced some time after employment tribunal fees were introduced, so it does not explain the initial drop-off. The Justice Committee said the claim that this has diverted more people to mediation was
“even on the most favourable construction, superficial.”
It is true that there has been an increase in the number of cases going to conciliation, but just 16% have been formally settled by ACAS, 19% proceeded to a tribunal case and 65% were neither settled nor proceeded to a tribunal. What has happened to all those cases?
Despite the overwhelming evidence, the Government refuse to acknowledge the problem, as we have just heard. Last month, I challenged the Under-Secretary of State for Women and Equalities over the outrageous fact that only 1% of women discriminated against at work brought a claim to tribunal. I asked whether she would make representations to the Ministry of Justice about the raft of evidence suggesting that tribunal fees deter genuine complaints. The reply I got was:
“There is no doubt that the number of tribunals has gone down, but in actual fact there is good news here”.—[Official Report, 8 December 2016; Vol. 618, c. 363.]
I fail to see what that good news is.
Perhaps the Government’s own internal review will tell us what has happened to the many complaints that have disappeared through ACAS, if they ever decide to release it. It was commissioned in July 2015; the review was completed within a few months, and it has been gathering dust for over a year now.
Sir Oliver Heald
On a point of order, Mr Davies. The hon. Gentleman is putting forward as an assertion of fact something that is completely incorrect. Is that in order?
Geraint Davies (in the Chair)
It is in order, because it is a matter of debate. Back to you, Justin Madders.
Anne McLaughlin (Glasgow North East) (SNP)
I congratulate the hon. Member for Wolverhampton South West (Rob Marris) on securing this debate and giving us the opportunity to take stock of the human impact of the reforms to access to justice. Every time I think about the way in which this Government have ensured that ordinary people are denied even the opportunity to try to get justice, I cannot help but think of the words my parents used to dread: it’s not fair—and it really isn’t, Mr Davies.
One of the four objectives of the reforms was apparently to
“discourage unnecessary and adversarial litigation at the public expense”.
I cannot disagree with that sentiment, but I have been working with a constituent who some people would argue falls into that category. Indeed, some have written him off as vexatious. There is a Scots word we use when someone has not had access to justice and is like a dog with a bone: the word is “thrawn”, and my constituent has had to be. He is a whistleblower: someone who tried to do the right thing—and trust me, he was doing the right thing. He is someone who believes in justice.
Anne McLaughlin
If the right hon. and learned Gentleman does not mind, I will struggle to get to the end of my speech without fainting. I am not well today. Unless he wants a medical emergency, I will carry on and try to get to the end—do not worry, I am not actually going to faint.
As I was saying, my constituent is a whistleblower trying to do the right thing. In trying to help others find their voice and hold power to account, he appears to have become a victim of it. He told me of repeated bullying in the workplace as a result of the whistleblowing, which continued when he was on statutory sick leave, undermining his already deteriorating mental health. Access to an employment tribunal, secured by legal aid, has been a lifeline, but it has taken long, thrawn years to get to a position where the might of an institution can be questioned. He will have his day in court, but had he lived in England or Wales he simply would not be able to afford it. That is not me saying, “Scotland good, England and Wales bad”; what I am saying is that it is not fair.
It is not fair on the people who in 2015 found themselves unable to access justice. Statistics provided by the TUC and Unison comparing cases brought in the first three months of 2013 with cases brought in the first three months of 2015 showed the following reductions—I think some have been mentioned already—in the number of cases for the most common types of claims: working time directive, down 78%; unauthorised deductions from wages, down 56%; unfair dismissal, down 72%; equal pay, down 58%; breach of contract, down 75%; and sex discrimination, down 68%.
Maternity Action said that since the fees were introduced there has been a 40% drop in claims for pregnancy-related detriment or dismissal. Is the Minister proud of that record? Does he truly believe that all those additional people in previous years were bringing vexatious—or frivolous, as the hon. Member for Wolverhampton South West said—claims?
Another area of law removed from legal aid was housing. My constituent, Maisie, is an elderly woman with a range of health issues that have negatively impacted on her ability to care for herself and sustain her tenancy. After a small house fire, her son moved in to support her. John balanced his own parenting responsibilities to his son from a past marriage with his commitment to his studies and his mother. They lived in cramped and totally unsuitable conditions and found themselves more or less ignored by their housing association, which refused to put in the disability adaptations they so badly needed because they had asked three years previously to be moved. For the housing association, it was simply not worth the money because they were going to move, anyway.
Offers of accommodation were not forthcoming and this 80-year-old woman and her carer son were trapped. They have now been rehoused in far superior accommodation and are very happy, but the housing association did what they could have done three years previously for two reasons. First, my team and the Legal Services Agency, a wonderful Glasgow charitable law centre, quoted the relevant provisions of the Human Rights Act to remind it of its responsibilities; and, secondly, there was a threat of legal action. That was possible because my constituents could claim legal aid, as they lived in Scotland. As it happens, the housing association saw sense and things did not get that far, but if a similar thing were to happen to a constituent of the hon. Member for Wolverhampton South West, the threat of legal action would be taken with a pinch of salt. That is not right. I thank the Legal Services Agency and my team, because now the 80-year-old woman in question can live out her days with her son in comfort and dignity.
On Sunday, the Prime Minister promised to introduce wide-ranging reforms to correct what she called the “burning injustices” in modern society. She proposed a “shared society”; she also proposed to lead a “one-nation” Government, working for all and not the “privileged few”. She said that the Government’s role is to
“encourage and nurture these relationships and institutions where it can, and to correct the injustice and unfairness that divides us wherever it is found.”
How on earth can she square that with taking away the means to correct those burning injustices from all but those who can afford to pay high legal fees? There are many people relying on us in Parliament and willing us to make the right decisions. I want to be able to tell them confidently that when something is unfair, it will be condemned by us in this place and changed. The situation I have outlined needs to be changed.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate the hon. Member for Wolverhampton South West (Rob Marris) on securing an important and timely debate. We have enjoyed some thoughtful, passionate and wide-ranging speeches, not least of which was his own tour de force.
As hon. Members have stated, access to justice is fundamental to our society, a key principle of the rule of law and an important component of the right to a fair hearing under article 6 of the wonderful European convention on human rights. It is almost exactly a year ago that we had a debate here, introduced by the hon. Member for Aberavon (Stephen Kinnock), on the same subject. Many of the points raised then still apply every bit as much now, because I do not think there is much doubt that under the present Government and their coalition predecessor, access to justice has become significantly more difficult.
Much of that debate focused, as did the remarks of my hon. Friend the Member for Glasgow North East (Anne McLaughlin) today, on legal aid restrictions imposed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the subsequent cuts to the legal aid budget. I continue to find the thinking behind some of those cuts hard to comprehend. They are indeed counterproductive. The drastic fall in the number of legal aid-funded cases has once again been highlighted today, including even for victims of domestic violence, who in theory should not be excluded. Amnesty International’s recent report, “Cuts that Hurt”, highlighted the particularly poor situation of children and vulnerable people in fields such as social welfare law, immigration law and family law.
As we have heard, the Justice Committee, the National Audit Office and the Public Accounts Committee have all been critical of some of the reforms. One of the most powerful points made by the Justice Committee was:
“The Ministry’s efforts to target legal aid at those who most need it have suffered from the weakness that they have often been aimed at the point after a crisis has already developed, such as in housing repossession cases, rather than being preventive.”
I suspect the Chamber is largely filled with lawyers at the moment, and I am sure that most of us get the point. Surely a better way to reduce legal aid spending is to invest in avoiding expensive crises in the first place.
Ministers argue that it is better to encourage mediation than to provide legal aid for adversarial proceedings. I am all for encouraging mediation. However, legal aid spending should fall as a result of successful voluntary mediation, and it cannot be said that mediation is successful or voluntary if someone is forced into an agreement because they cannot afford to go to court, and perhaps do not even have a proper understanding of their legal rights at that stage.
The other key Government contention in such debates is that the legal aid system in England and Wales has been one of the most expensive in the world. Of course I accept that all Governments have to look carefully at ways to ensure that the budget remains affordable. However, in making that claim, the Government are to an extent comparing apples and oranges. As hon. Members are fully aware, continental legal systems are inquisitorial systems in which less input from legal representatives is generally required but significantly more resources are spent on prosecution services and the courts. Taking all those factors into account, although we can say that England and Wales has one of the more expensive legal aid bills in Europe, the court system overall comes about a third of the way down the European league table.
Equally, there are other ways to keep the legal aid budget under control without having to slice and dice the scope and slash availability. I point to Scotland as an example, because as I understand it, legal aid spending per capita there is less than in England and Wales, but at the same time, the coverage and scope of the legal aid system is more generous. There are numerous reasons for that. For example, England and Wales have far more very expensive fraud trials, and so on. However, a key point is that the focus in Scotland has been on simplifying procedures so that the cost of court proceedings is much less than it was, so there are different ways to go about doing things.
Hon. Members have all rightly pointed out that access to justice goes beyond questions of legal aid. On fees, we shared opposition to criminal court fees and their predictable consequences and we welcome their withdrawal. We also welcome cancellation of the ludicrous 500% increase in fees for the asylum and immigration tribunal, although who knows how many people have had to leave the country as a result in the meantime? Employment tribunal fees have had a drastic effect on access to justice, as other hon. Members have pointed out, and they too should be withdrawn. I am pleased that the Scottish Government propose to do just that when the powers are devolved.
However, the fact that the Government have to make and consider those U-turns suggests that they need a much more fundamental rethink of their approach. Other speeches have covered the changes to personal injury rules and the small claims limit—I should have predicted that and looked into the issue in more detail. The hon. Member for Wolverhampton South West kindly pointed out the different system that exists in Scotland.
I share hon. Members’ general scepticism and concern about what exactly the proposed changes will achieve. I say that, having had to confess to colleagues who have worked for Thompsons, that I previously trained with an insurance-financed defenders firm—I do apologise. None of that is to say that the problem does not need to be addressed. The hon. Member for Croydon South (Chris Philp) highlighted the issue of horrendous cold-calling. I had a similar issue when I managed to reverse into my garage wall—quite how I was supposed to sue the garage wall I am not sure. All I would say to him is that some of what the Government propose to solve the problem would surely mean throwing the baby out with the bathwater. There must be other ways of tackling that without having to go as far as the Government suggest.
Sir Oliver Heald
In Scotland there are significantly fewer personal injury claims, and there has never been the problem of the industrialisation of such claims as has happened in England and Wales. Scotland has therefore not had the same sort of problem of a claims culture that we are trying to address.
Stuart C. McDonald
That is an interesting point. I suppose we have to examine why that is the case, because we have not managed to get rid of that in Scotland by excluding all sorts of cases from courts, so it would be interesting to look into that further.
There are a lot of access to justice issues that we could speak about, but before finishing, I will focus on something that has not been spoken about yet: the particular barriers to justice that the Government are putting in place for those who are seeking asylum or who are migrants. Last year Opposition MPs highlighted that the Immigration Bill, which was then making its way through the House, would make people have to leave their families and jobs in order to conduct appeals against Home Office decisions from abroad, would cut back on appeal rights against refusal of asylum support, leaving vulnerable, destitute people without any legal recourse, and would introduce procedures allowing families with children to be summarily evicted without so much as a court order, never mind a court hearing.
I know that MPs here today have disparate views on immigration and the rights that migrants should have, but I cannot understand how anyone can say that migrants should be deprived of proper access to a court in order to vindicate the rights that they do enjoy. Denying access to justice should not be a means of trying to control immigration. Various other significant concerns arise right across the sphere of immigration and asylum law, and I will mention three or four before concluding.
The Minister for Courts and Justice (Sir Oliver Heald)
I congratulate the hon. Member for Wolverhampton South West (Rob Marris) on securing this debate, and I thank Members who have contributed to it. Some important points were made. However, regarding the hon. Gentleman’s criticism that the impact assessment on the whiplash changes does not show a saving, I must say that it makes it very clear that the saving is £1 billion, which, of course, accounts for the £40 cut in premiums for every motorist in the land that I mentioned. Are we to sacrifice that simply to uphold a threshold that has been in place for so many years, since 1991, and in the interests of solicitors?
The hon. Gentleman very fairly made the point that he was from Thompsons Solicitors. I think that the Labour party spokesman, the hon. Member for Leeds East (Richard Burgon), is also from Thompsons. There was one other who did not reveal himself, but I suspect that it is the hon. Member for Ellesmere Port and Neston (Justin Madders). They are the three musketeers of the Thompsons world. Anyway, it is a very fine firm, and I have to confess that I have been instructed by it on one occasion in the past, and it prepared the brief very well.
My hon. Friend the Member for Croydon South (Chris Philp) made a very important speech, explaining the industrial nature of the problem we face with these whiplash claims and the dubious practices that go with it. For those from Scotland, such as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), the Scottish National party spokesman, it will be hard to understand this claims culture; Scotland does not have it. It is hard for people to understand it if it has not developed in their part of the UK. It has got to the point at which it is a massive problem. I will cover the point made about employment fees in a moment.
My hon. Friend the Member for North Warwickshire (Craig Tracey) made a very knowledgeable speech. He pointed out that we have to consider not just the pure whiplash claims, but those that are whiplash-related—those described as a back or neck injury, but that are, in effect, whiplash cases. That, of course, explains the figures that I outlined earlier.
It has been a good debate, and I wanted to make the point at the start that the Government are committed to ensuring that the justice system works for everyone. I will describe some of the actions that we are taking. The SNP spokesman made the good point that this is not just about legal aid; it is also about simplifying procedures and changing the way that the legal system works. Of course, that is what we are doing. The Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals jointly announced plans that are about renewing and transforming our justice system. Of course, we are putting in a massive investment of £1 billion to reform and digitise our courts, to make sure that this vital public service reflects modern needs and expectations.
The reforms will deliver swifter justice and, I hope, a less stressful experience for those involved. We will get cases out of court that do not need to be there, whether by using online procedures or through more alternative dispute resolution. We will apply the full force of judge and courtroom only in those cases that require it, and will strip away unnecessary hearings, redundant paper forms and all the duplication in the system, because we have the best legal system in the world but it also needs to be the most modern. That is what we aim to achieve. The guiding principle is to have a system that is proportionate and accessible, and is there for the vulnerable, victims of crime, members of the public, legal professionals, witnesses and litigants. We want a system that is a statement of our values as a country and leads the world.
Our legal aid system is important. The coalition Government faced unprecedented financial challenges; it is all very well people talking as though there were no pressures, but there were huge financial pressures at the time, and the Government had to reform. They concentrated legal aid on the most important areas—on cases where an individual’s liberty or home is at stake; where children might be taken into care; or where there is domestic violence. Although the reforms were substantial, it is right to follow through on our intention, which we set out at the beginning, which is that there should be a proper review. We have said that it will take place by April 2018 at the latest. We are well within the period during which we could start the review, and we will announce our intentions on it in the coming period.
I want to emphasise that we have made sure that litigants in person get help and support. Since 2015, we have provided £3.5 million to the litigants in person support strategy, through which we are working closely with the advice sector, voluntary partners and the pro bono sector; they are enhancing the local signposting of local and national legal support services and co-ordinating their work. We have seen a fast-expanding number of personal support units. The citizens advice bureaux do a fantastic job, and I pay tribute to the hon. Member for Makerfield (Yvonne Fovargue) for mentioning them. We also have many pro bono providers and local law clinics. This strategy has momentum, and it is wrong for the hon. Member for Wolverhampton South West to say that the result of having litigants in person is longer cases. That is not what the evidence shows; in fact, the average length of a civil case is becoming shorter, year by year.
I want to make family court processes safer for victims of domestic abuse, and our recent announcement contributes to that. It is right to have a system in which the victims of domestic abuse do not face cross-examination by their abusers. That sort of cross-examination is illegal in criminal courts, and we would like to see it outlawed in family courts. I have mentioned alternative dispute resolution.
Both the hon. Members for Ellesmere Port and Neston, and for Wolverhampton South West, mentioned employment tribunal fees. The Government are reviewing the impact of the introduction of fees in those tribunals. There is not a report gathering dust on my desk or anything like that; we are completing the work. I explained all this when I appeared before the Justice Committee recently. The work that we are completing is about the categories in the discrimination field; we are looking at the implications for each of those groups. We are getting to the point at which we will soon be able to produce a report; it will not take much longer. I said that I would produce it as soon as possible in the new year and I meant it.
Since it has been mandatory to go to ACAS, it has been resolving far more cases. The effect is that there are now 92,000 cases going to ACAS, whereas previously there were only 23,000. There used to be about 17,000 cases that did not then go on to the tribunal; now, it is something like 45,000 cases, so ACAS is having a big effect in this area. I understand the frustrations of those who say that the review has taken too long, but it will be comprehensive and it is not far away.
We face whiplash cases on an industrial scale. The number and cost of those cases, and their adverse impact on the price of motor insurance, is a concern for Government. There have been huge improvements in car safety, so how can it be that 770,000 road traffic accident claims were made in 2015-16, compared with only 460,000 in 2005-06, with around 90% of the claims in 2015-16 being whiplash-related? That figure is too high and the Government must take action to tackle this issue and protect consumers.
The previous Prime Minister held a Downing Street summit on this issue and we have recently made changes, such as introducing the new MedCo system, which improves the medical expert side of things. There was also a recent consultation on raising the small claims limit for personal injury claims to £5,000, and on damages for road traffic cases involving whiplash—soft tissue injury. If we can save £40 per head on motor insurance policies, clearly those are issues that we should be consulting on and considering very seriously. Also, it is worth bearing in mind that the £1,000 limit for these cases was set in 1991, more than 25 years ago. Since then, the small claims limit for everything else has gone up to £10,000, so the review is very much needed.
Finally, to provide reassurance to Members, people can still employ a lawyer to help them with a case that is in front of the small claims court, and they can try to reach an agreement with their lawyer about how their case is funded. Of course, the point is that they cannot recover costs, but there is no ban on taking legal advice, though clearly people would need to look at the economics of that. The other point to make is that if someone has a complex case that should perhaps be dealt with by the county court in its full setting, that is possible; they can make an application to that court, which can transfer—
Geraint Davies (in the Chair)
Order.
Motion lapsed (Standing Order No. 10(6)).
Domestic Violence Victims: Cross-Examination
Oliver Heald Excerpts(7 years, 10 months ago)
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Peter Kyle (Hove) (Lab)
(Urgent Question): To ask the Secretary of State for Justice to make a statement on the emergency review to determine how to ban perpetrators of domestic violence from directly cross-examining their victims within the family court.
The Minister for Courts and Justice (Sir Oliver Heald)
I am very grateful to the hon. Member for Hove (Peter Kyle) for the chance to update the House on an important issue. To put this in context, the issues at stake in family proceedings are always sensitive and often complex, and the decisions of the court can have far-reaching implications for the individuals involved. The presence of domestic abuse only exacerbates an already traumatic situation, so the Government have already taken steps to make sure that victims in the family justice system have support and protection. We have protected legal aid for individuals seeking protection from abusers. We continue to invest in the court estate to improve the physical security of family courts and the emotional support available for users. We have placed particular emphasis on training for those who work in the family justice system, making sure they understand the nature and impact of domestic abuse and that they act appropriately when they come across it.
However, we know that there is more to do. As the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), made clear when this was debated in Parliament on 15 September, the Government are determined to improve the family justice response to domestic abuse, and we have worked closely with judges and others to consider what additional protections may be necessary. We are particularly concerned about the fact that unrepresented perpetrators of abuse can directly cross-examine their victims in family proceedings. I want to make family court processes safer for victims so they can themselves advocate effectively and for the safety of their children. This cannot happen while a quarter of domestic violence victims face cross-examination by their abusers.
The Lord Chancellor has requested urgent advice on how to put an end to this practice. This sort of cross-examination is illegal in the criminal courts, and I am determined to see it banned in family courts, too. We are considering the most effective and efficient way of making that happen. That will help family courts to concentrate on the key concerns for the family and always to put the children’s interests first, which is what they are supposed to do. This work, which is being fast-tracked within the Department, is looking in particular at the provisions in the criminal law that prevent alleged perpetrators from cross-examining their alleged victims in criminal proceedings, and we are considering how we might apply similar provisions in the slightly different circumstances of family proceedings.
Members will appreciate that such a proposal requires thought, but we want to resolve the matter as soon as possible. We will make further details available shortly, once the work is complete. I want to thank the president of the family division, Sir James Munby, who has argued passionately that this practice should be outlawed for good.
Peter Kyle
This issue has been wreaking untold devastation on victims of domestic violence. I have now spoken to numerous survivors of abuse whose accounts of torment under cross-examination in the family court—often by convicted rapists—are devastating to hear, but impossible for most of us even to imagine.
I have spoken to a woman who was cross-examined by the man who was in jail for numerous counts of rape and abuse that had left her unconscious and hospitalised. As a result of the family court process, this extremely vulnerable woman needed weeks of medication and months of counselling to recover. She has now suffered such an ordeal three times. I have spoken to the sister of a woman who was abused so grievously that the abuse resulted in her death. The convicted murderer then sued for custody of their child from the prison where he was serving a life sentence for murder. He directly cross-examined the sister of the woman he murdered, even having the grotesque nerve to ask, “What makes you think you can be a parent to my child?” Abuse is being continued and perpetuated right under the noses of judges and the police, the very institutions that should be protecting the vulnerable with every sinew of state power.
On 15 September 2016, in response to speeches by Members on both sides of the House in a Back-Bench debate, the Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), said that this is a
“scourge, which blights our society.”—[Official Report, 15 September 2016; Vol. 614, c. 1119.]
Yet he made no commitment to review or to change policy. Sadly, it took the excellent coverage in The Guardian during the Christmas break for such a commitment to emerge from the Ministry of Justice.
The source was anonymous, so will the Minister provide clarity in these areas? Lord Justice Munby, the president of the family division, supports measures to outlaw the cross-examination of victims by perpetrators, and he has said that this will require primary legislation. Does the Minister agree with that assessment, and if so, will he make the drafting and introduction of any such legislation a priority? The anonymous source told The Guardian that this was a matter of urgency for the Secretary of State. Will the Minister tell the House when she started the review, and more importantly, precisely when it will be completed? Victims of abuse need to have precision and clarity at this moment of great importance for them. Speed is of the essence, but so is consultation—we need to get this right—so will the Minister tell us what process is in place to enable victims, campaigners and support organisations to feed in their essential experiences and views so that the review is at all times carried out with, not done to, survivors of domestic abuse?
Finally, as I told the House back in September, it is a source of shame to me personally that I got to the age I am today without being aware that such barbarism is being practised within our own legal system. In addition to my lack of inquisitiveness, which I regret profoundly, the secrecy imposed by law on the family court process allowed this to continue without journalistic oversight. Will the Minister consider longer term assessment of the wider operational activity in the family court system? Such assessment should look, in a considered and detailed way, at the overall operation of family courts with a view to ensuring, where appropriate, greater transparency and oversight of the family court process is introduced.
Mr Speaker
Before we proceed, let me just say this. The hon. Gentleman has raised an extremely serious matter on the back of very considerable knowledge and research, and he has aired it in this House with great sensitivity. I did not wish to interrupt him—not least for that obvious reason—but perhaps I can announce to the House a new year’s resolution: from now on we must, without fail, stick to the established time limits for urgent questions. The hon. Gentleman was notified of the two-minute limit and he took over three minutes. That is the first point. A lot of more experienced Members will be well aware of my second point, but perhaps I can just underline it. The briefest preamble of description is fine, but an urgent question is supposed to be just that: neither a speech nor a contribution to debate, but a series of questions. I know the hon. Gentleman well and he will not, I am sure, take offence. He has raised very important matters. In future, however, doing so must be done in accordance with the proper form and time.
Sir Oliver Heald
I agree with many of the hon. Gentleman’s points. Judges have always had wide discretion on family proceedings to try to get to the truth of matters, and to protect the interests of the family and so on. Judges have discretion to ask the questions themselves to try to avoid situations arising that are against the interests of justice. In recent years, judges have become more concerned—as the hon. Gentleman has—about situations where abuse is being perpetrated through the proceedings. That is why Sir James Munby has spoken out, why I have made the comments I have made today, and why the Department is treating this as something that should be dealt with as a matter of urgency.
Is it necessary to change the law? The answer is yes it is. Primary legislation would be necessary to ban cross-examination. I also think there are related ancillary matters that would require primary legislation. Clauses, therefore, are required. Is work being done? Yes, work is being done at a great pace to ensure that all these matters are dealt with in a comprehensive and effective way—the urgency is there. I became the Minister responsible for these matters in October, and I have chaired the Family Justice Board, which has become very concerned about this issue over that period. The Lord Chancellor shares that concern, which is why we are moving at speed to try to tackle it.
The extent to which consultation is necessary is something I will consider in the light of the hon. Gentleman’s comments, and perhaps discuss with him privately if he wishes. My feeling is that what is required is pretty straightforward: a ban, and then the necessary ancillary measures to allow cross-examination without the perpetrator doing it. I would question, therefore, the extent to which a wide consultation is needed, but I will discuss that with him.
On transparency in the courts, journalists are now able to attend court and report the proceedings, although there are obvious restrictions to protect children and so on.
Robert Neill (Bromley and Chislehurst) (Con)
The Minister of State and the Lord Chancellor are to be congratulated on moving promptly on this matter. The president of the family division is also to be congratulated on his frankness in relation to the deficiencies he finds within the family jurisdiction. Does my right hon. and learned Friend accept that the simple solution is to adopt, more or less lock, stock and barrel, the criminal procedures under the Youth Justice and Criminal Evidence Act 1999; to use the forthcoming courts and prison reform Bill to put that into primary law; and accept that the very modest public expenditure of a court-appointed advocate to do the cross-examination where justice so requires would be a drop in the ocean compared with the benefits, in the interests of justice, to individuals who are the victims of abuse?
Sir Oliver Heald
I am grateful to the Chair of the Justice Committee for those comments and agree with a good many of them. There are some differences from criminal proceedings, for example in a case in which an injunction is sought and there is no charge, or a case in which money is being considered but there is a background of abuse. There is a range of issues. For legal aid in cases of domestic abuse in family proceedings, there is a wider list than is available for criminal proceedings, but his basic point is right.
I am not able to give a commitment on the Bill. It depends on how quickly the work is concluded, and I am working on it very quickly.
Christina Rees (Neath) (Lab/Co-op)
I thank my hon. Friend the Member for Hove (Peter Kyle) for asking the urgent question and the Minister for his response. I recognise that this issue unites the House.
The practice of unrepresented parties against whom domestic violence is either proved or alleged questioning victims in court has been raised repeatedly in the House and in the media. Many Members on both sides of the House have constituents who have been left devastated by the experience. That the Government are doing something to end that practice is welcome, but there is a clear admission that their legal aid cuts have caused this situation. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed much family law from eligibility. Victims of domestic violence struggle to provide evidence of their abuse because they are frequently not believed, and in some cases because medical evidence is difficult to obtain. Their experience is made worse still because their abuser, who is also unable to get representation, is allowed to question them, even when they would be prevented from contacting the person in any other situation. The abuse therefore continues.
It need not be that way. In the criminal courts, cross-examination by an unrepresented party accused of domestic violence is not allowed. Is the Ministry of Justice counting the number of litigants in person in the family courts? How many of those are victims of domestic violence? How many are convicted or alleged to have committed domestic violence? Will the Minister look at the practice in criminal courts? Along with prohibiting cross-examination, will he introduce the greater use of more sensitive procedures? When will the LASPO review finally begin?
Sir Oliver Heald
On the hon. Lady’s final point, as she knows, the LASPO review has to be concluded by April 2018. It is not overdue, but it is something that the Government have very much in mind, and that we will have to start fairly shortly.
On the hon. Lady’s other points, legal aid is available in cases of domestic abuse. That is why the Government concentrated efforts in legal aid on situations where life or liberty are at stake, and on domestic abuse and housing when homes are at risk. That is not an issue, but I accept that the evidence criteria are important. That is why the Government have allowed a longer period and a wider range of evidence to be used, which has been welcomed.
Cross-examination by litigants in person takes place too much. The hon. Lady asked what the exact number is. It is not clear, but it is certainly a considerable number, which is why the Government consider this to be an important issue to tackle.
Anna Soubry (Broxtowe) (Con)
I congratulate my hon. Friend the Minister and welcome everything he has said on the Government’s attitude to this long-standing problem. May I urge him please to look at the rules on legal aid? There is certainly strong anecdotal evidence from former colleagues of mine at the family bar and the judiciary that there is a direct consequence and link between the rise in litigants in person and the changes to legal aid, which was begun under the Labour Government. That link between litigants in person and legal aid is causing so much of the problem. If he at least looks at it, he could provide some of the solution.
Sir Oliver Heald
As my right hon. Friend rightly says, this is a long-standing issue but one that has now become urgent—the cries for help from judges and others have become more urgent—and that is why the Government are tackling it. It is necessary to find a way to prevent litigants in person from using proceedings to continue the abuse, and that is what we aim to do.
Joanna Cherry (Edinburgh South West) (SNP)
May I welcome the Justice Secretary’s emergency review and stress how important it is that we all focus, across the UK, on how to prevent the perpetrators of domestic abuse from using the processes of the justice system to re-victimise the survivors of domestic abuse? In Scotland, the Government are engaged in a significant overhaul of the justice system, ahead of the introduction of new legislation on an all-encompassing offence of domestic abuse that will include all forms of coercive behaviour, but in Scotland legal aid is widely available in both criminal and civil cases. In England and Wales, cuts to legal aid mean that 80% of family cases now see at least one party without a lawyer, while in 60% of cases in the family courts neither party has one. In addition, victims of domestic abuse can only access legal aid in England and Wales if they cross a threshold test that has already been found to be too restrictive in a judicial review case. In addition to this important review, we therefore need a review of the criteria for access to legal aid for victims and survivors of domestic abuse. When will the Government commit to such a review?
Mr Speaker
Splendid! The hon. and learned Lady elided into a question just in time.
Sir Oliver Heald
I thank the hon. and learned Lady for that and for her news from Scotland. On legal aid in England and Wales, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) deliberately decided to concentrate the effort on cases involving people’s life, liberty, home or, as in this case, domestic abuse. Given that it was a period of austerity and decisions had to be made, I believe he got that judgment right. On the criteria for legal aid and the evidence that needs to be provided, it is not as though the Government have said, “This is set in stone”; where criticisms have been made, we have changed the rules to tackle those criticisms. My overall point is that the Government are responding when we should be.
Mrs Maria Miller (Basingstoke) (Con)
I welcome my right hon. and learned Friend’s announcements today and his work with the Lord Chancellor, but may I draw his attention to a report published last April by the all-party group on domestic violence, chaired by myself and the hon. Member for Birmingham, Yardley (Jess Phillips), that not only picked up on this issue of cross-examination but considered special measures in courts to make it is easier for some of the most vulnerable victims to give evidence without feeling intimidated?
Sir Oliver Heald
I pay tribute to my right hon. Friend’s work in this area and for the important work of the all-party group, of which the Government and the ministerial committee on violence against women and girls take particular note. On special measures, the family courts have always had available to them a wider set of tools than the criminal courts and their judges have a wide discretion. Such measures as cross-examination by video, which in the criminal courts is provided for under section 28 of the 1999 Act, can be taken in family cases. Family courts can take evidence in a wide variety of ways, so there is a lot of protection. As I said in response to the urgent question, however, we are going further. Measures to do with the court estate, such as ensuring separate waiting rooms, screens and all those sorts of physical aspects, are being covered, as is staff training, through the Children and Family Court Advisory and Support Service and so on. That is very important, too.
Kate Green (Stretford and Urmston) (Lab)
I am grateful to the Minister for highlighting the discretion already available, but given that primary legislation might take some time, what steps is he taking now to remind the judiciary of the discretion they have and how they can apply it?
Sir Oliver Heald
The hon. Lady makes an important point. As she will know, there are practice directions in the family division, and one is being prepared at the moment, so I will make sure that her comments are taken well on board. We do not make the practice directions, but we can certainly pass on her comments.
Mims Davies (Eastleigh) (Con)
I and my staff have been struck in my constituency surgeries by the clear feedback on this anomaly around cross-examination. One of my constituents who complained about it was a former police officer. May I urge the Minister to take every step and use every tool possible to get the matter resolved as soon as possible?
Sir Oliver Heald
We all have examples—I am glad that my hon. Friend was able to get her example on the record—of cases where some form of abuse has occurred in the courts. That is unconscionable and it needs to stop. We are going to tackle this issue very urgently.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
On who should be involved and consulted in the review, will the Minister bear in mind that party litigants cross-examining their victims is just one species of the controlling behaviour that lies at the heart of domestic abuse and that, for that reason, there is a real and important role for organisations such as Women’s Aid to have their voices heard in this process?
Sir Oliver Heald
The right hon. Gentleman makes an important point, and the Department does, of course, listen to what is said by Women’s Aid. It does seem to me that this is a fairly discrete issue—an issue about banning cross-examination by alleged perpetrators and making arrangements to ensure that cross-examination can take place in a suitable way. I would not want to sacrifice speed in tackling that for anything.
Amanda Milling (Cannock Chase) (Con)
Last week, the country was shocked and saddened by the death of my constituent, Jill Saward, who campaigned tirelessly on behalf of victims of rape and sexual violence, following her own horrific personal ordeal. Jill was instrumental in the campaign to change the law, so that accused rapists are barred from cross-examining victims. Will my right hon. and learned Friend join me in paying tribute to Jill and expressing our sincere condolences to her family, and does he agree that it is absolutely right to extend this law to the victims of domestic violence?
Sir Oliver Heald
I certainly believe it important to pay tribute to Jill Saward, who suffered the most vile ordeal, yet showed through the rest of her life what a wonderful person she was, by campaigning for others and doing a tremendous amount of charity work. She was a model, and someone who set an example of being good. Yes, I would like to pass on the law that applies to criminal cases into family cases, so that we can tackle the sort of abuse that has been described.
Karl Turner (Kingston upon Hull East) (Lab)
I declare my interest as a member of the Wilberforce barrister chambers in Hull, although I am not currently practising. I welcome the Justice Secretary’s position to bring forward a review on this important issue, but the Minister will know that this was created as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The truth is that the vast majority of people today are refused legal representation in family proceedings unless they can prove domestic violence, which is virtually impossible to prove. The Government should bring forward a review of LASPO, which is not working. They should do something about it.
Sir Oliver Heald
I do not agree with the hon. Gentleman, but there will be a review of LASPO. It is something that we have promised, and the date by which it has to be completed is April 2018. We are committed to that. As for family proceedings, I think it right that families can come together in many cases and reach agreements, so we do not have the problem that the hon. Gentleman outlined. Where abuse is present for a significant number of individuals, it is important that in those cases the individual who is the victim should not be cross-examined by the alleged perpetrator. That is what we want to solve.
Jake Berry
Thank you, Mr Speaker. I congratulate the Minister and the Lord Chancellor on taking action regarding the travesty of litigants in person being able to cross-examine their victims. In his statement, the Minister referred to the problem as urgent and said that it has the utmost priority. When the review is complete, will he commit to bring this forward as emergency legislation? I think that would gain support from both sides of the House, and we could pass the legislation in one day, ensuring that we can bring about the change as quickly as possible.
Sir Oliver Heald
I think that the importance of that issue is accepted throughout the House. Whether or not my hon. Friend’s suggestion is an appropriate way to deal with it, one thing is clear: it should be dealt with as a matter of urgency, and that is what I am committed to doing.
Perhaps I should have said earlier that there were instances in which this problem arose before LASPO. It is not a new problem, and many people were refused legal aid representation under the Labour Government.
Fiona Mactaggart (Slough) (Lab)
The Minister has said seven times that he is “dealing with it urgently”. When will we see the result?
Sir Oliver Heald
The answer that Members receive from the Dispatch Box is, of course, “shortly”, and that is what I have said, but it does mean shortly.
Tim Loughton (East Worthing and Shoreham) (Con)
The Government’s reforms of the family courts were designed to keep some of these antagonistic cases out of court altogether, but the legal aid changes have undoubtedly led to the involvement of more litigants in person in very sensitive cases. Does my right hon. and learned Friend acknowledge the problems that litigants in person are causing in relation to court resources? They often spin out the time that cases take, with judges themselves requiring constant advice on legal procedures. We really need to do something about that, because it is messing up the family courts.
Sir Oliver Heald
I fully accept that how litigants in person are helped with court proceedings is important, and the Government are spending £3.5 million on helping them. Let me make another point with which my hon. Friend may agree. Not every case needs to be decided in court; I am a strong supporter of mediation, and I should like to see more of that.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
The emergency review is welcome, but cross-examination is not the only way in which perpetrators exploit family court processes to perpetuate their abuse. Will the review consider the ways in which abusers can, for example, string out judicial process in the family courts to continue to abuse former partners and their children?
Sir Oliver Heald
I should be happy to discuss the issue with the hon. Lady, and to look into it in due course. This, however, is a discrete matter and an important one. I should like it to be tackled swiftly, and I do not intend to widen what we are doing at present, because I want to get on with that.
Paul Scully (Sutton and Cheam) (Con)
Women’s Aid has raised this issue on a number of occasions, most recently in its important and hard-hitting report “Nineteen Child Homicides”, which revealed that 25% of women interviewed had been cross-examined and that one woman who had been raped, beaten and abused for six years was cross-examined for three hours. Notwithstanding the need to get it right in the review, will my right hon. and learned Friend introduce legislation as soon as possible to ensure that that can never happen again?
Sir Oliver Heald
My hon. Friend has highlighted an important case, as well as the work done by Women’s Aid. He is right to say that that issue needs to be tackled urgently.
Helen Goodman (Bishop Auckland) (Lab)
The need for training of the judiciary goes beyond the family courts. A constituent came to see me because her ex-partner had taken a case about the management of family property to the civil court, and the judge had said it was irrelevant that he had been imprisoned for raping her daughter. That cannot be right. Judges need to be trained as well.
Sir Oliver Heald
It would not, of course, have been a family justice case; it would have been a civil case. I agree with the hon. Lady that that is an important consideration, and I will look into it.
Tom Pursglove (Corby) (Con)
I welcome what the Minister has said today and his commitment to legislation, but in the meantime will he ensure that the best support is available to vulnerable victims before, during and after the proceedings?
Sir Oliver Heald
As I said in my initial response, a great deal of effort has gone into training both CAFCASS and court staff to provide the emotional support that is needed.
Rachel Reeves (Leeds West) (Lab)
I think that we all welcome the tone of what the Minister has said today, but this is supposed to be an urgent review, and many women are going through cases of this kind right now. Will the Minister make it clear that the review will be concluded by Easter at the latest and that we can then hope to see improvements in our courts?
Kevin Foster (Torbay) (Con)
I welcome the tone of the Minister’s remarks so far. Does he agree that the point about legal aid misses the fact that some of these perpetrators are almost certainly using the ability to cross-examine their victims as a tactic in the courts? As that is motivating what they are doing, it is even more important that this plug in the law is made to stop this practice continuing.
Sir Oliver Heald
My hon. Friend and a number of other colleagues are saying that cross-examining the victim in these circumstances is a form of abuse in itself. I agree, which is why we are keen to conclude this review on a short timetable, as I said to the hon. Member for Leeds West (Rachel Reeves).
Wes Streeting (Ilford North) (Lab)
I am grateful to the Minister for the terms in which he has replied to the urgent question. He has talked this afternoon about the urgency of this issue and I think that he has accepted the words of the president of the family division of the High Court, Sir James Munby, that primary legislation would be needed. What commitment can the Minister give to the survivors of domestic violence and abuse that change to primary legislation will be brought forward urgently?
Sir Oliver Heald
I can certainly give the assurance I have already given, which is that we are tackling this as a matter of urgency. The hon. Gentleman will be aware that there is a busy legislative timetable with all sorts of matters to do with Europe and the like, and we will have to see what exactly can be achieved in terms of the legislative timetable, but I want to tackle this urgently.
Angela Smith (Penistone and Stocksbridge) (Lab)
On behalf of my constituent Claire Throssell, whose two children were murdered by her ex-husband, I welcome this review, but in the debate in September that I co-sponsored, the Under-Secretary at the Minister’s side, the hon. Member for Bracknell (Dr Lee), made a clear commitment to overhauling the culture of the family courts and in particular to a review of practice direction 12. Are the Government still committed to that broader set of changes, which we so urgently need?
Sir Oliver Heald
I pay tribute to the work that the hon. Lady has done on this issue. I chair the Family Justice Board with the Minister for Vulnerable Children and Families. We are committed to improving the overall way in which the courts work and are in the process of introducing a new practice direction in the area of victims. This is certainly a point we are very much alive to.
Susan Elan Jones (Clwyd South) (Lab)
Everyone who has spoken today, including the Minister, has said the situation is urgent. In view of that and the fact that he said primary legislation will be needed, is there any reason why he cannot commit to the Government presenting that within three or four months?
Sir Oliver Heald
As I have said, we are keen to complete this review as a matter of urgency. The legislative programme is a complex matter at the moment for reasons I have hinted at, so we will have to see what is possible, but we would like to tackle this urgently.
John Woodcock (Barrow and Furness) (Lab/Co-op)
The focus of questions has understandably been on domestic violence, but can the Minister confirm he is also seeking to implement this protection for victims of emotional and financial control and other forms of non-violent abuse, which the Government have, to their great credit, sought to criminalise in recent months?
Sir Oliver Heald
As the hon. Gentleman will know, there is a cross-governmental approach to abuse that has its own definitions and so on, but the areas of abuse covered in terms of applications for legal aid are far wider than just physical violence and include sex abuse cases and the like, and we are alive to the need to cover a wider area than simply domestic violence.
Hannah Bardell (Livingston) (SNP)
While I appreciate the urgency and scope of the investigation, will the Minister give consideration to cases where the Department for Work and Pensions is sharing domestic abuse victims’ information with the perpetrators of the crime when making decisions about benefits claimants? The anonymity of a constituent of mine was taken away from her and the information was passed on by the DWP.
Sir Oliver Heald
I am sure that the hon. Lady is making an important point. If she wants to write to me or speak to me about it, I would be more than happy to look at it, but this is not what we are doing in this exercise of looking at the cross-examination of victims by perpetrators or alleged perpetrators. We are tackling a discrete, narrow area, and we want to do this urgently. Her point is important, but it concerns a different matter.
Liz McInnes (Heywood and Middleton) (Lab)
Survivors of domestic abuse tell us that they feel re-victimised and re-traumatised by their experiences in the family courts. Will the Minister please give us more clarity on how the voices and views of survivors of domestic abuse will be considered in this emergency review?
Sir Oliver Heald
My view is that this is a narrow issue involving banning perpetrators or alleged perpetrators from cross-examining victims, as we do in criminal cases. That is a narrow issue on which I think we all agree. The sort of arrangements that will need to be put in place have already been tried in the criminal courts. If the hon. Lady has any particular ideas or concerns, I would obviously be happy to discuss them with her, but I do not think that this is a complicated matter. It is a simple one that needs urgent action.
Tracy Brabin (Batley and Spen) (Lab)
I am aware that this focuses on the adult victims of domestic abuse, but research from Safelives has shown that an estimated 130,000 children in the UK live in households with a high risk of domestic abuse and a significant risk of harm or death. Thousands more live with other levels of domestic abuse every day. Will the Minister please clarify that, as recommended by Women’s Aid, there should not be an assumption of shared parenting in child contact cases where domestic abuse is a feature?
Sir Oliver Heald
The hon. Lady makes an important point, and the courts are clearly alive to this matter. We have to give some discretion, however, because family cases involve a wide range of factors. I think that the judges do a good job. I want to put on record that these are not easy cases and that our judges have to have an element of discretion. I would like to ensure that that remains the case, although I acknowledge that she makes a good point.
Mrs Madeleine Moon (Bridgend) (Lab)
A constituent who came to see me was extremely distressed because her husband was repeatedly taking her back to the family court over access issues. She was not only undergoing cross-examination but being driven into financial poverty through constantly having to fund her own defence. Will the Minister look at how the courts can deal with the vexatious, repeated requests relating to access that are behind a lot of coercive behaviour and at the financial poverty that families find themselves in as a result?
Sir Oliver Heald
The hon. Lady makes an important point, and I should like to pay tribute to the work that she does in this area. I am more than happy to raise that point in the Family Justice Board and to look at the matter, but it is not part of the important work that we are doing to deal urgently with the question of cross-examination. Her point bears on that work, but it is not the focus of what we are doing at the moment. We will, however, look into it.
Written Statement HCWS225: Correction
Oliver Heald Excerpts(7 years, 11 months ago)
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The Minister for Courts and Justice (Sir Oliver Heald)
On 27 October I made a written statement on the Government’s decision to opt in to the EU proposal amending the Brussels IIa Regulation on family law (HCWS225). There was a minor error in that statement. The statement said “The Government have today decided to opt in to the European Commission’s proposal which repeals and replaces regulation 2201/2003, also known as the Brussels IIa regulation, on cross border family matters”. It should have said “The Government decided on 5 October to opt in to the European Commission’s proposal which repeals and replaces regulation 2201/2003, also known as the Brussels IIa regulation, on cross border family matters”.
[HCWS375]
draft Legal Services Act 2007 (Claims Management Complaints) (fees) (amendment) regulations 2017
Oliver Heald Excerpts(7 years, 11 months ago)
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The Minister for Courts and Justice (Sir Oliver Heald)
I beg to move,
That the Committee has considered the draft Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2017.
May I say what a pleasure it is to serve under your chairmanship today, Mr Davies? I notice that you are wearing a Cubs scarf and woggle. I believe that that is in honour of the 50th anniversary of the Cubs—
Sir Oliver Heald
The 100th anniversary, which as a Cubs ambassador I should have known. Anyway, I thought it was right to mention that, in the Christmas spirit.
As background to the regulations, the Legal Services Act 2007 (Claims Management Complaints) (Fees) Regulations 2014 allowed the Lord Chancellor to charge fees to regulated claims management companies to recoup the costs of the legal ombudsman’s work handling complaints from consumers about claims management companies. It is right that the costs of handling such complaints fall on the claims management services sector, not the taxpayer.
The 2017 regulations will amend the level of fees set out in the 2014 regulations for the financial year beginning 1 April 2017 and for subsequent years. Revising the level of fees will ensure that the Lord Chancellor can accurately recover the costs of the legal ombudsman dealing with complaints about the claims management services industry in the 2017-18 financial year. In addition to the legal ombudsman’s expected costs for that year, we need to take into account an over-recovery by the end of 2016-17. Taking both elements into account, the total cost of approximately £1.6 million—the exact figure is in the regulations—to be recovered from the market for 2017-18 is lower than last year’s figure of £2.3 million. There has been a reduction in the size of the market since last year, but the assumptions about future market change that are used in our fee model are still valid. Taking into account the total to be recovered and the current market, the fees need to be reduced.
Hon. Members will be aware that we intend to move the regulation of the claims management services sector to the Financial Conduct Authority. In tandem, we intend to transfer complaints handling to the Financial Ombudsman Service. Until that happens, it remains appropriate for the legal ombudsman to deal with complaints in the sector. Hon. Members will welcome the fact that the legal ombudsman’s costs related to complaints about regulated claims management companies continue to be met by the claims management services sector, in the same way that the costs related to complaints about legal services are met by the legal sector. However, fees need to be reduced where appropriate, to ensure that the fees charged mirror the actual cost of the legal ombudsman handling the complaints as closely as possible.
I commend the draft regulations to the Committee.
Sir Oliver Heald
I thank the hon. Lady for her speech and will certainly try to answer all her points. I will examine the record, and if I have missed any I will write to her.
The regulations apply to authorised CMCs. Unauthorised CMCs can be tackled in other ways, and there are even criminal sanctions for not being authorised. We are talking today about the authorised ones. Companies left the market last year, so there was an under-recovery of £500,000 in 2015-16. This year, we have made an adjustment that takes account of the under-recovery and therefore in 2016-17 there has been an over-recovery. In essence, each year an adjustment is made to ensure that if there is an under-recovery, it is recovered in the next year, and if there is an over-recovery, the fees go down. That is what we are doing today.
We aim to transfer complaints from the legal ombudsman to the Financial Ombudsman Service because the transfer of the regulation of claims management companies from the claims management regulation unit to the Financial Conduct Authority means it would be better placed there. The transfer will not take place before April 2018, and we are currently working with the legal ombudsman, the Financial Ombudsman Service, the Treasury and the Financial Conduct Authority on the detail of the transfer, which may require some legislation.
The hon. Lady asked how the claims management regulation unit has been getting on. Overall, it has done a good job. The unit has made concerted efforts to crack down on rogue behaviour. Some 1,400 licences have been removed. Fines of more than £2 million have been issued since obtaining the power to impose financial penalties at the beginning of 2015. Proposals are being developed to cap the fees that regulated claims management companies providing financial claims services can charge to consumers. All that action is designed to better protect consumers, to deter CMCs from predatory marketing and to help organisations that are on the receiving end of unsubstantiated claims.
Maria Eagle (Garston and Halewood) (Lab)
I am interested to hear those numbers. Is it the Minister’s understanding that that is what has led to the unexpected amount of activity from claims management companies, or does that just that happen year to year anyway?
Sir Oliver Heald
It does happen year to year, but there is no doubt that the market is changing and seems to be contracting. That is the overall picture, but there are yearly fluctuations.
It is obvious that regulation should be moved to the FCA. The idea is to have a more effective regime that drives out bad practice. As I mentioned, we have consulted on proposals to cap the level of fees; this is another step to help consumers. The Government aim to establish a tougher regulatory regime by transferring the responsibility to the FCA, re-authorising all the CMCs under the new regime and holding their managers to account for the actions of their businesses. That will mean more individual responsibility in the system, but it will take a little time to work through the issues.
On whiplash reform, which the hon. Member for Neath mentioned, the fee model considered whether the proposed changes to whiplash would have a material impact on the market for 2017. We are still consulting on that and we are not yet entirely clear that we have taken all views on board, but the proposed changes may not be in force for that year and we have gauged that they are likely to have minimal effect. Clearly there is the power every year to go through the exercise of seeing whether there is an over or an under-recovery, so there should be no question of the taxpayer losing out. In fact, that is a very important part of this scheme: the payments should come from the sector, not from the taxpayer.
I hope that I have covered all the hon. Lady’s points, but I will check the record and write to her if I have missed any. I hope that that is acceptable.
Question put and agreed to.
Oral Answers to Questions
Oliver Heald Excerpts(7 years, 11 months ago)
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John Nicolson (East Dunbartonshire) (SNP)
The Minister for Courts and Justice (Sir Oliver Heald)
As is well known, we shall set out our proposals for a Bill of Rights in due course, and we shall of course consult fully on those proposals.
John Nicolson
In the light of the United Nations Committee on the Rights of Persons with Disabilities finding that cuts to benefits meet the threshold for human rights violations, instead of replacing the Human Rights Act, should not the Secretary of State focus on ensuring the protection of rights to which the Government are already committed?
Sir Oliver Heald
The UK Government and this country do not need lectures about our human rights record. Our country has a proud tradition that goes back 800 years of pioneering human rights and spreading our values around the world. We do not need any lessons.
Mr Julian Brazier (Canterbury) (Con)
Does my right hon. and learned Friend agree that not only is it a good idea to make the change, but that we were members of the European convention on human rights for a whole generation before we put human rights legislation into British law, and that the clear understanding needs to be that British courts, informed by legislation from this Parliament, make the decisions?
Sir Oliver Heald
Of course it was Winston Churchill in his famous speech in Place Kléber in Strasbourg who pointed out the importance of fundamental human rights after the second world war, and British lawyers played a very important part in framing the European convention on human rights. Having said that, it is right to consider what that should be in the modern context, and whether we need a British jurisprudence over those rights. That is what we are doing.
Deidre Brock (Edinburgh North and Leith) (SNP)
Sir Oliver Heald
Of course we respect human rights and the rights that are within the convention. No country has a better record of abiding by those decisions than this country. Having said that, there is a need to look critically at the Human Rights Act and how it operates, which is what we will do.
Mr David Nuttall (Bury North) (Con)
Does the Minister agree that the example of countries such as New Zealand, Canada and Australia prove that a country does not have to be a member of the European convention on human rights to have an excellent human rights record?
Sir Oliver Heald
My hon. Friend’s point is that those countries have the common-law tradition that was founded in this country by our judges and our Parliament. The fact that it is expressed differently in Canada and countries of that sort does not mean that it does not have the same root. We in this country should be proud of that.
Liz McInnes (Heywood and Middleton) (Lab)
Andrew Bingham (High Peak) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
We are committed to helping vulnerable witnesses to give their very best evidence. A range of measures exist to help to reduce the anxiety of giving evidence, including video-link evidence away from the courtroom, and, within the court, giving evidence behind a screen.
Andrew Bingham
Following the closure of my local court in Buxton, witnesses will have to travel from my High Peak constituency to the nearest court. Can my right hon. and learned Friend provide further assurance that there will be protection for witnesses not only in the court, but when they are travelling to it?
Sir Oliver Heald
Yes, I can do that. When a witness needs protection, the police assess what is required to keep them safe. Witness care officers also help to ensure that the witness has any help that they need to attend court.
John Glen (Salisbury) (Con)
Kevin Hollinrake (Thirsk and Malton) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
We are preparing legislation to create the new legal status of “guardian of the property and affairs of a missing person”. We will introduce it as parliamentary time allows.
Kevin Hollinrake
I hope to introduce a ten-minute rule Bill on guardianship that would help relatives and friends to manage the affairs of missing people. In memory of Claudia Lawrence, my constituents’ daughter who went missing seven long years ago, will the Government offer that Bill their full support? Will they also be willing to honour her memory by referring to it, whenever possible, as Claudia’s Bill?
Sir Oliver Heald
That is good news, and I wish my hon. Friend well with his Bill. I understand why he wants to refer to it as Claudia’s law. I would like to extend my sympathies, as I am sure the whole House would, to Peter and Joan Lawrence. The Government will formally announce their position on Second Reading, but we are keen for this matter to be tackled.
David Rutley (Macclesfield) (Con)
Imran Hussain (Bradford East) (Lab)
The Minister for Courts and Justice (Sir Oliver Heald)
There is a difference: Government Members think it only fair that those who can afford to should make a contribution to a service that costs hard-working taxpayers £66 million a year. We are reviewing the situation—we are doing a careful job, because this is an important issue—and we will publish the outcome in due course.
David Warburton (Somerton and Frome) (Con)
Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)
Sir Oliver Heald
It is important that the Scottish Parliament and Government liaise with the UK Parliament and Government about Brexit, and that is happening, as the hon. Gentleman knows. ECRIS is an important system, but the Government are not announcing their Brexit negotiating position at this stage.
Lucy Allan (Telford) (Con)
Sir Oliver Heald
My hon. Friend’s question is about a very important point. In the same period, the time taken to complete a case has halved, and the Family Justice Board, which I co-chair, is investigating the reasons for the increase in cases and whether it is temporary. I agree that there are some vital issues here, such as helping women not to lose successive children to care. My hon. Friend might have heard about the Pause project, which is doing promising work in this area, and I would be happy to have a meeting with her to discuss the issue further.
Diana Johnson (Kingston upon Hull North) (Lab)
Three Secretaries of State—for Justice, for Health, and for Communities and Local Government—believe that parents in Hull should have an independent inquiry to find out what happened to their babies’ ashes. Does the Secretary of State fully understand the disappointment of those parents that she will not stand up for justice for them by establishing an independent inquiry to find out what happened to those ashes?
Stephen Hammond (Wimbledon) (Con)
Sir Oliver Heald
We are a modern global centre for legal services and dispute resolution, and English law is the international law of choice. Our legal services sector contributes £26 billion to the UK economy. We have the best legal system in the world, and our modernisation programme will maintain that situation. I will be championing, as will the Secretary of State and the whole team, our legal services sector as a key part of post-Brexit global Britain.
Greg Mulholland (Leeds North West) (LD)
The family of Richard Davies of Yeadon are dismayed that the man found guilty of his manslaughter is being considered for a move to an open prison a year before the family was told that that would be considered and after spending only a year in prison. Is that justice?
Criminal Justice System: Equality of Access
Oliver Heald Excerpts(7 years, 11 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Courts and Justice (Sir Oliver Heald)
I join the welcome to you in the Chair, Mr Gapes. I congratulate the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) on securing this debate on an important subject.
Access to justice is at the heart of everything we do in the Ministry of Justice. The sad thing about the hon. Gentleman’s remarks—of course he is entitled to point to areas where things are unsatisfactory—is that he did not talk about the context. The context is that there are far fewer cases and that, because of that, in some parts of the country courts sit for only a quarter of the time they could sit. Therefore, we are working against a changing picture, and not least against the background of the Government spending £1 billion to modernise our courts and tribunals. Every time one introduces modernisation, one has fewer unnecessary directions hearings; and one enables witnesses to give evidence by video link. Any of these changes affect the sort of court estate we need and issues of access to justice, but in a positive way. It is clear that he has concerns about access to justice and I hope that I can reassure him.
We are still spending a great deal of money on legal aid. The changes the hon. Gentleman referred to were made by the then Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), to concentrate legal aid on matters of most importance to individuals—for example, when a home was a risk, where someone’s livelihood was at risk because of the threat of imprisonment in a criminal case, or where someone might lose their children in a care case involving domestic violence. I think most of us would agree that my right hon. and learned Friend concentrated the effort where it was most needed. I do not think it is seriously arguable that he did not.
A review by March 2018 of the Legal Aid, Sentencing and Punishment of Offences Act 2012 was promised; it has to be completed by a particular date in March 2018. We have only just entered the period in which the review might have started, so it is not as though we have been dragging our feet for years. The review will go ahead.
To say that in this country we do not have debt and housing advice is incorrect. What is the citizens advice bureaux network doing? It is providing just that. On Friday, I opened a new bureau in Letchworth, where the debt and housing advice from Citizens Advice is well regarded. Shelter, which has a contract with the Legal Aid Agency, is a fantastic organisation giving advice about housing matters. The Department for Work and Pensions puts a great deal of effort and time into welfare benefit advice and giving people information.
The hon. Gentleman suggested that there were legal aid advice deserts for housing law. That is not so. Every part of the country has housing advice available. The point about housing advice is that in some areas of the country there are many more housing cases in which people might lose their homes than there are in others, so the provision is not exactly the same in each place, but it is national. The fact that there is one provider with a number of offices in one place does not mean that there is no advice. There is advice from that provider, and often the provider is very expert. If we said that that area had to have two firms, we would reduce the amount of work available to the provider that has the expertise, so it is not as simple a question as the hon. Gentleman suggested.
I was glad that the hon. Gentleman mentioned Sir Ivan Lawrence. I do not remember the occasion in question, but I pay tribute to his contribution in this place over many years before his retirement.
Turning to access to justice more generally, I think it is true to say that our courts and tribunals are open to everyone, regardless of their circumstances and location. As my right hon. Friend the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals made clear in their joint statement in September, a modernised Courts and Tribunals Service must be just, proportionate and accessible. It would be undermined if it were not. However, the services that our courts provide at the moment do not always accommodate our citizens’ busy lives or meet customers’ accessibility needs. Access to justice is not just about how close people are to a court. Our programme will reduce the need for many customers to attend court. Modern technologies offer significant benefits in that respect, and we intend to explore every opportunity to use those technologies to make access to justice easier.
Holly Lynch
To return to my point about the courts in my constituency having closed, I completely buy the notion, if we are starting from a position of what is best practice in supporting vulnerable victims and witnesses through the court process, that having old-fashioned buildings was not necessarily the best practice that we would like to see, but nothing—no technology, digitalisation or modernisation of the justice system—has come in to replace the courts in my constituency. Can the Minister give me any information on what might be happening?
Sir Oliver Heald
I am of course happy to look into the situation in Halifax and write to the hon. Lady, but I will make this point to her. Because our courts are used for only about 50% of the time, we are trying to use them more fully and to have courts that are more modern and have modern communications—wi-fi, video links and so on—so we are closing some courts and investing the money in improving the remaining ones. That is the overall plan.
The Lord Chief Justice gave this example—a Welsh example—the other day to the Select Committee on Justice. Wales is mountainous in parts and has road issues and so on, but in Dolgellau, where the court was closed, a video link has been established so that it is easier for local residents to give evidence and they do not have to travel to Caernarfon, for example. There are areas where such changes have already been made. There are some areas where we are proposing to make suitable alternative arrangements, and we have a more general programme of considering questions such as whether it is possible to sit a court for a particular case in, say, the town hall or another public building. Such courts have been characterised as pop-up courts. We also have that initiative, which we are working on at the moment. Attempts are being made, but I will of course write to the hon. Lady about Halifax.
A significant amount of the work of magistrates courts will be conducted online. That will of course mean less attendance at courtrooms. It will increase the speed of the process, save money and remove the need for defendants to attend court at all. Our ambition is for attendance at a court building to be reserved for the more serious cases, in which there is to be a trial or there is a serious issue of sentencing.
We are making a lot of progress. The common platform programme has already introduced the ability to plead guilty online for certain traffic offences, as part of the single justice procedure whereby one magistrate deals with the cases. We have introduced wi-fi into all criminal courts, and the programme will continue so that we get an end-to-end digital process. The police will build a digital file, which will go to the CPS, which will put it into the right condition for court. Then, once it is going to court, all the users of the system will be able to draw down that information, that case file. The judge will be able to give directions online. We will have far fewer ineffective hearings and hearings that it would be possible to avoid by using technology.
Many vulnerable people come into contact with the courts, and it is important, through the changes, to ensure that they are helped to access digital services. We are currently consulting on how to improve their access to the digital process, as part of the announcement that was made in September.
The hon. Member for Merthyr Tydfil and Rhymney represents a constituency in south Wales. He will know that, during the consideration of court closures in that area, particular efforts were made to find suitable alternative provision; we have discussed places such as Dolgellau. I appreciate that some individuals may find themselves in difficult circumstances when needing to attend court. Anyone who has a concern about travelling to court on the same transport as the person they are accusing or anything of that sort should make it clear to the police and the CPS that they have that concern. Arrangements will always be made to ensure that witnesses can get to court in a satisfactory way.
It is right to thank the hon. Gentleman for initiating the debate. It is important to recognise that we are in a period in which crime is falling, the number of cases is falling and the way in which we do the work is changing, so he is right to say that, when it comes to legal aid for criminal cases, there is a case for discussion and seeing whether it is possible to improve the two main legal aid schemes: the advocates scheme and the litigators scheme. I can assure him that the Ministry of Justice is in productive discussions with both parts of the profession—the Bar and solicitors—to see whether we can find legal aid schemes for their work that are more attuned to modern needs, but that also fit in with career progression and all those things that are of concern to the Bar and solicitors. We are doing that actively at the moment; we are in discussions with them.
The hon. Gentleman recalled some remarks that were made at the time suggesting that judicial review would be dead following the changes made by the then Lord Chancellor, who is now my right hon. Friend the Secretary of State for Transport. In fact, more than 4,500 cases were started the following year, so I think he is right to feel that that did not happen after all.
The hon. Gentleman mentioned the review of employment tribunal fees. I cannot tell him the outcome yet, because we are still doing it, but I think it is good that the Government are prepared to review that issue, just as we are also reviewing the immigration fees at the moment. I do not think that should be criticised; I think the hon. Gentleman should welcome it.
Question put and agreed to.
Courts and Tribunals
Oliver Heald Excerpts(7 years, 12 months ago)
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The Minister for Courts and Justice (Sir Oliver Heald)
The Government published their vision for a reformed court and justice system, on 15 September 2016—to modernise and upgrade our justice system so that it works even better for everyone—for judges and legal professionals, businesses and individuals, families, and witnesses and the vulnerable victims of crime.
The Government are committed to investing more than £700 million to modernise courts and tribunals, and over £270 million more in the criminal justice system.
Alongside this reform it remains important to make sure that our courts and tribunals service is properly and sustainably funded now and into the future, so that access to justice is protected.
In 2015-16, the net cost of the courts and tribunals service to the taxpayer was £1.2 billion. This is unsustainably high and we think that it is right to reconsider the balance of funding between the taxpayer and those who use the courts and tribunals and can afford to make a larger contribution.
The Government’s general principle, as reflected in managing public money, is that where users are being charged for a service they should usually be charged at a level to recover the true cost to the Government of providing that service.
In line with this principle we believe it is right that those who use our courts and tribunals should make a greater financial contribution, to make sure that the system is properly funded to protect access to justice and to reduce the unsustainably high cost to the taxpayer.
As a result we have introduced a number of fee reforms in recent years, including to the fees charged for proceedings in the civil courts, family courts and in some tribunals.
In the challenging financial circumstances faced by this country, we consider it is reasonable to ask users of tribunals to contribute to the running costs while ensuring that access to justice is protected.
Those who use our immigration and asylum system are not excepted from the need to make a financial contribution.
Consequently in 2011, the Government introduced fees for the first time in the Immigration and Asylum Chamber of the first-tier tribunal. These fees would be paid, where they could afford to do so, by those who make an application to appeal an immigration or asylum decision of the Home Secretary. At that stage those fees were set well below full cost recovery levels.
Consistent with our general principle we revisited those fees earlier in the year and launched a public consultation on 21 April 2016 proposing to raise fees in the Immigration and Asylum Chamber of the first-tier tribunal for those who pay to a level to recover the full cost of proceedings.
We also consulted on introducing fees for the first time for appeals in the Immigration and Asylum Chamber of the upper tribunal and for permission to appeal applications in both the first-tier tribunal and the upper tribunal.
In addition, we consulted on a proposal to add an exemption from fees based on the Home Office destitution waiver policy.
We responded to the consultation announcing our intention to proceed with the proposed fee measures. The higher fees in the first-tier tribunal then came into effect.
The fee increases introduced in the Immigration and Asylum Chamber of the first-tier tribunal are affordable for those who have to pay, taking into account the fee exemptions and waivers that apply, as well as the Lord Chancellor’s exceptional power to remit fees.
However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall.
From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.
We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees.
Alongside the fee changes introduced we extended the fee exemptions offered in the first-tier tribunal, to include:
those in receipt of a Home Office destitution waiver in respect of their initial application;
parents of, and those with parental responsibility for, children receiving support from local authorities;
children in local authority care; and
those appealing a decision to revoke their humanitarian protection or refugee status.
The Government believe that these exemptions are proportionate measures that protect some of the most vulnerable users of the tribunal. For this reason the extended system of fee exemptions will remain in place.
We also took the opportunity when introducing the fee changes to expand and clarify the guidance around the application of the Lord Chancellor’s power to remit or reduce fees in exceptional circumstances. This revised guidance is not affected.
The role of fees in the upper tribunal will also form part of the review. The focus of our work is now on carrying out that review. We will bring forward any new plans for tribunal fees, including in the Immigration and Asylum Chambers of the first-tier and upper tribunals, for consultation in due course.
The Government’s belief is unchanged that it is right that those who use our courts and tribunals should pay more, where they can realistically afford to do so, to ensure that the system is properly funded to protect access to justice and to relieve the burden on the taxpayer.
[HCWS284]
Oral Answers to Questions
Oliver Heald Excerpts(8 years ago)
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Kelvin Hopkins (Luton North) (Lab)
The Minister for Courts and Justice (Sir Oliver Heald)
The coalition Government promised to review parts 1 and 2 of the Act and we remain committed to undertaking that review.
Mr Speaker
We are grateful to the Minister for that reply, but I think he may want to take question 15 with question 4.
Mr Speaker
It is very good of the right hon. and learned Gentleman the Minister to be willing to do what he asked me for permission to do; that is extraordinarily gracious of him.
Kelvin Hopkins
I thank the Minister for his answer to my question, but a TUC report of this October raised concerns that the Act is a barrier to access to justice for victims of domestic violence. The regulations concerning the provision of evidence of domestic violence are restrictive and narrow and have led to a 16% drop in applications and a 17% drop in applications granted. Is it not time the Secretary of State admitted that the Act is denying access to justice for thousands and must be amended?
Sir Oliver Heald
It is of course important that legal aid is available for victims of domestic violence, particularly those seeking protective injunctions. On the evidence requirements, in April we more than doubled the time limit on evidence from two to five years, and we have introduced a provision that allows the Legal Aid Agency to grant legal aid if it is satisfied that an application demonstrates financial abuse. This is important and it has been varied in the light of experience over the last two or three years, and we will continue to monitor it.
Rob Marris
Access to justice and legal aid are pillars of the welfare state, yet almost one third of legal aid areas in England and Wales have one or no housing advice providers, including the legal aid area covering my constituency. One provider is not enough, so what steps will the Government take to ensure there are at least two providers for each area?
Sir Oliver Heald
It is important to recognise that housing cases where a person’s home is at risk fall within the scope of legal aid. The Law Society has raised concerns, as the hon. Gentleman will know. There are a lot of these cases in some parts of the country, but very few in other parts. What we have done is, through the Legal Aid Agency, taken active steps to ensure that there is adequate provision of housing advice around the country.
Sir Oliver Heald
On the point about one or two providers, there are some places where one firm is providing a range of offices and functions across a number of clients, and other areas where the circumstances only really require that there should be something like a telephone hotline, which there is. The provision that is being made is what is needed.
Mr Jonathan Djanogly (Huntingdon) (Con)
There seem to be conflicting reports on the Government’s position on raising the cost bar for personal injury claims from £1,000 to £5,000. I would be grateful to hear what the Government’s position is.
Sir Oliver Heald
I am grateful to my hon. Friend for raising that important point. The Government have been looking at this issue. I do not think we have made a formal announcement on it yet, and therefore I will write to him giving him the absolute latest position.
Ms Margaret Ritchie (South Down) (SDLP)
What assessment has the Minister made of the recent report by Amnesty International, which has found that insufficient resources for legal aid are creating a two-tier judicial system?
Sir Oliver Heald
It is important that legal aid is available in the most serious cases, such as those in which life or liberty is involved, a person’s home is at risk, domestic violence is involved, or children are being taken away from their families. That is the legal aid provision that we have here. The hon. Lady claims that that is a two-tier system, but we claim that it is one that is targeted on need.
Karl Turner (Kingston upon Hull East) (Lab)
I should declare an indirect interest, in that my wife is a legal aid solicitor and part-time judge. The previous Lord Chancellor promised a review of LASPO. The legislation has not worked. It is a complete and utter shambles, and it urgently needs a review. When will it be properly reviewed?
Sir Oliver Heald
As the hon. Gentleman knows, a promise was made that the Act would be reviewed within three years and five years of implementation—[Interruption.] Yes, within the period starting at three years and going up to five years. That period has just started, and an announcement will be made in due course.
Christina Rees (Neath) (Lab/Co-op)
Exceptional case funding was introduced as part of LASPO with the aim of ensuring that out-of-scope cases with exceptional circumstances would have access to legal aid. Between 2013 and 2016, 4,032 applications were made but, due to the stringency of the criteria, a staggering 3,081 of those applications were not granted. Will the Minister commit to broadening the criteria for exceptional case funding to allow more people to become eligible for this safety net and to increase access to justice for those who need it most?
Sir Oliver Heald
The hon. Lady raises an important point. The number of cases being applied for and granted is rising, but there is also the question of ensuring that people who might need this funding are aware of it. That is an important part of the picture. Exceptional needs funding is a vital part of the picture and we will certainly keep it under review. If she wants to raise a detailed point with me about how it is operating, I would be more than happy either to discuss it with her or to enter into correspondence about it.
Steven Paterson (Stirling) (SNP)
The Minister for Courts and Justice (Sir Oliver Heald)
We will set out our proposals for a Bill of Rights in due course. We will consult fully on our proposals.
Mr Speaker
This question is to be taken with No. 7. There is something missing from the right hon. and learned Gentleman’s briefing today.
Sir Oliver Heald
I am so sorry, Mr Speaker. Perhaps with your leave I could also answer question 7 in the same way.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Sir Oliver Heald
The Government were elected with a mandate to reform and modernise the UK human rights framework, and there are good reasons for that. We have a proud tradition in respect of human rights. The Government are also considering the overall constitutional landscape and how this will fit it following Brexit, but this is something that we are committed to.
Martyn Day
The Council of Europe commissioner for human rights has also said of the consultation on the Human Rights Act:
“My impression is that the debate over the HRA in Westminster is not a true reflection of concerns outside England”.
Does the Minister appreciate that there is no support in Scotland for the plans, and that the impact of any attempt to repeal the Act would be to provoke a constitutional crisis?
Sir Oliver Heald
The issue of human rights is important in all parts of the United Kingdom, and we accept that. We will fully engage with the devolved Administrations on this question. Many people feel that there is a need for a British jurisprudence to emerge on the European convention on human rights and a need to assert certain ancient rights that we have in Britain, such as that relating to jury trial.
Mr Julian Brazier (Canterbury) (Con)
I welcome that statement from my right hon. and learned Friend, but I urge him to look particularly hard at the military aspects. The efforts of those who currently risk their lives for us on operations are being overshadowed by what is going on with IHAT—the Iraq Historic Allegations Team—and the pursuit of human rights cases under British law by people who were our enemies.
Sir Oliver Heald
My hon. Friend makes an important point. He will be aware of the announcement about derogation. Previously, there have been occasions when industrial-scale allegations could be made, many of which were later proved to be false, but that will change once the derogation process is in place.
David T. C. Davies (Monmouth) (Con)
It has been reported that 28 terrorists have used the Human Rights Act to avoid deportation—no doubt using legal aid as well. Is it not time to scrap the Act and to start thinking less about the human rights of terrorists and foreign-born criminals and more about the human rights of law-abiding members of the British public?
Sir Oliver Heald
The House will be aware that there are concerns among the British public about the barriers to the deportation of criminals that should not have been there. There is also a need for British conditions and British jurisprudence in this area, something which the Conservative party has been calling for over many years and which the Government are alive to.
Mr David Burrowes (Enfield, Southgate) (Con)
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Minister for Courts and Justice (Sir Oliver Heald)
The Government’s reform programme is intended to deliver a simpler, fairer justice system that works for everyone. We are reforming our courts to make them more modern, open, swift and accountable. Since January 2015, we have invested £3.5 million to provide more support to litigants in person.
Stuart C. McDonald
The Government have utterly undermined access to justice for EU citizens and other migrants with their incredible 500% increase in immigration tribunal fees. Will the Minister at least closely monitor the drastic impact that that ridiculous increase is going to have and respond accordingly when everything the Government were warned about during their consultation actually comes to pass?
Sir Oliver Heald
The Government take a markedly different view from the hon. Gentleman about this. The fact is that these tribunals cost money and there are people making applications to them who are not in the category of needing help with fees. Where people need help with fees, we of course have a remissions scheme, but where they do not need help, how can it be wrong that they should pay for the costs of the system? It is only right that they do so.
John Howell (Henley) (Con)
Sir Oliver Heald
Lord Justice Briggs has prepared a report that has been not only revolutionary, but extremely helpful in the modernisation process, and I pay tribute to his work. We do intend to introduce a new online procedure for lower-value civil money claims. This procedure will be a mix of new technology, conciliation and judicial resolution, and will provide a simple dispute resolution process. We intend also to create a new rules committee to design the simpler rules this will require.
Joanna Cherry (Edinburgh South West) (SNP)
The Minister says that the Government take a “markedly different” view on tribunal fees from my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). However, when the Justice Committee published its review of court and tribunal fees earlier this year, its excellent chairperson, the hon. Member for Bromley and Chislehurst (Robert Neill)—a Government Back Bencher—stated:
“Where there is conflict between the objectives of achieving full cost recovery and preserving access to justice, the latter must prevail.”
Does the Minister agree with that statement?
Sir Oliver Heald
Yes, and I pay tribute to my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) for the work that he does, chairing the Committee so ably. There is no question but that we do need a mitigation system, as we have for fees, but having said that I welcome the Justice Committee’s report, which goes into a wide range of issues and we will respond to it shortly.
Joanna Cherry
Employment tribunal fees are an additional pressure on people who have been relieved of their employment in inappropriate circumstances, and they create a very real restriction on access to justice for those who are vulnerable. The group Maternity Action has said that, since the introduction of employment tribunal fees, there has been a 40% drop in claims for pregnancy-related detriment or dismissal. Why do the Government not follow the example of the Scottish Government and commit to scrapping employment tribunal fees?
Sir Oliver Heald
The principle should be that if someone cannot pay and mitigation is required, then there should be a system of mitigation of fees. If someone is able to pay, given that this costs the country a huge amount of money, why should they not make a contribution if they are using these facilities?
Richard Burgon (Leeds East) (Lab)
In our country, it is a cornerstone of access to justice that there should be equality of arms in court. I was therefore shocked last week to hear the Minister of State for Courts and Justice tell us in an Adjournment debate on the Birmingham pub bombings that only
“an element of equality of arms”—[Official Report, 26 October 2016; Vol. 616, c. 400.]—
is necessary. Will the Minister come to the Dispatch Box and either reassure us that this was a mere slip of his well-trained legal tongue, or, alternatively, admit that his Government are reducing, not defending, access to justice?
Sir Oliver Heald
That is a bit rich when, at that debate, I was able to announce that the families had got a legal aid certificate through the Legal Aid Agency. The hon. Gentleman is now talking semantics. I was saying that the element that was needed of equality of arms was being met in accordance with the rules of the agency. When it comes to Labour politicians talking about cuts and concerns about legal aid, it is worth remembering why it was necessary to make those cuts—it was because of the mismanagement of the economy, which the Government inherited in 2010.
Richard Burgon
On the subject of that Adjournment debate of last Wednesday, Lynn Bennett died—[Interruption.] I will not give it up. Lynn Bennett died aged 18 in the Birmingham pub bombings in 1974. Her father, Stanley Bennett, and her sister, Claire Luckman, are still searching for the truth. On principle, they refuse to fill in means-testing forms for legal aid representation in the inquest into Lynn’s death. They believe that the state is forcing them effectively to beg for access to justice. Will the Justice Secretary today agree to go back to the Home Secretary and ask her to reconsider this, so that Stanley and Claire can have access to justice on behalf of Lynn?
Sir Oliver Heald
As the hon. Gentleman knows, the Legal Aid Agency, which is independent, has considered two applications for legal aid. One has been granted, and on the other, as was pointed out in the debate, a way has been described and set out in which it would be possible for those families to have legal aid, too. There is no question but that the families can be, and will be, represented. I accept that the Birmingham pub bombings were the most dreadful incident of a generation. I said in the debate that I remembered, as a young student, the powerful effect on the whole country of the worst bombing incident since the second world war, in which 21 people died and 222 were injured. All our thoughts in this House are with the families, their loved ones, and those who had their lives affected. On how we deal with these very difficult inquests in a very special category of cases, I made it clear in the debate that the Home Office and the Ministry of Justice are working on that matter, looking at the precedents of what happened with Hillsborough and waiting for Bishop James Jones’s report. We will also look at all the matters that were discussed in that debate.
Maggie Throup (Erewash) (Con)
Tom Tugendhat (Tonbridge and Malling) (Con)
The Minister for Courts and Justice (Sir Oliver Heald)
Our armed forces make huge sacrifices, and plainly no current or former serving member should face unwarranted investigation. However, where there are credible serious allegations of criminal behaviour, they must be investigated; I think that everyone in the military world understands that. It is important to make rapid progress with the Iraq Historic Allegation Team’s caseload. The team expects the caseload to have reduced from the original 3,300 cases to about 250 by early January.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Plans to rebuild Sunderland’s courts complex have been on hold since 2010. Despite raising this issue on numerous occasions with the Courts and Justice Minister’s predecessors, we still have not had a decision. Will the current Minister meet me and my hon. Friend the Member for Sunderland Central (Julie Elliott) as a matter of priority to see whether we can make any progress?
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
My constituent, Mrs Fleeting, tragically lost her son, Robert, when he was serving honourably on an English base. The family cannot gain closure, as there is no automatic inquest by jury, and they are understandably distraught. Will the Minister meet Mrs Fleeting and me to discuss the case and access to justice for the late Robert Fleeting?
Sir Oliver Heald
Yes, I would be more than happy to meet the hon. Lady and her constituent.
Suella Fernandes (Fareham) (Con)
Craig Whittaker (Calder Valley) (Con)
Mary—not her real name—a constituent of mine, went to Benidorm on a hen do. Her drink was spiked by a British man known to one of the group, and then she was raped by the man. It is now six months since the offence, and the Spanish police seem no closer to taking the case seriously. Does my right hon. Friend agree that the ability to bring to trial in this country a case involving a sexual offence against a Briton overseas is vital for justice when the country in which the offence occurred does not take it seriously?
Sir Oliver Heald
Yes, I do agree. The Istanbul convention, which the UK signed in June 2012, requires ratifying states to assume jurisdiction over offences of this sort when committed by our nationals overseas. But we need to make changes to primary legislation to introduce this, because the existing law applies only where the rape involves a person under 18 years of age.
Kevin Hollinrake (Thirsk and Malton) (Con)
Will Ministers update the House on progress with the Missing Persons Guardianship Bill? It is of great interest to my constituents Mr and Mrs Lawrence; they are the parents of Claudia, who went missing seven long years ago.
Sir Oliver Heald
I will write to my hon. Friend, because this is a subject on which we will be saying something shortly.
Matt Warman (Boston and Skegness) (Con)
The illicit use of mobile phones in prisons is a pernicious issue that must be tackled. Will the Secretary of State update the House on what more the Government are doing to make sure that we use a technology solution to deal with that?