Court Closures: Access to Justice

Paul Maynard Excerpts

Thursday 20th June 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

It is a pleasure to take part in this debate, or should I call it a Justice Committee reunion? I feel rather inadequate in never having been part of this fantastic Committee, with such wonderful people. However, this debate also brings together at least three people in the Chamber who have seen their courts close in the last round of cuts: my hon. Friend the Member for Banbury (Victoria Prentis); you, Mr Deputy Speaker, have seen Chorley go; and me. I have seen Fleetwood close, which was just outside my boundary but served many of my constituents, so I have seen this issue from both sides of the fence.

The ability to access justice is a fundamental right in our society. That is why the Government are investing £1 billion in the most ambitious programme of its kind in the world. It will create a system that works better for those who need it. It will be easier to run and it will provide better value for taxpayers. Access to justice matters because everyone should have a stake in our legal system. None of our plans replaces the need for traditional courts or for people to travel to those buildings. It will not exclude people who do not have access to a computer or the internet. However, it will transform the way people use our courts and tribunals, opening up new ways to access justice.

To undertake a radical modernisation of the operation of our courts and tribunals with the same estate that was in place in the era of carbon paper, manual typewriters and fax machines—yes, there are still some fax machines left in our court estate—would be wasteful and dilute the benefits of reform. As we modernise, it would be inappropriate to define access to justice merely in terms of proximity to our nearest court building.

However, no one should deny the challenges we have in our court estate. Many of our buildings have been underused. In the financial year ending in 2017, 41% of courts and tribunals were used for less than half their available time. Keeping these buildings open costs us money that we could spend on making justice more accessible in other ways. As it stands, the court and tribunal estate is a patchwork that has developed over time and a legacy from many predecessor organisations. This has meant a concentration of buildings in some locations. Of the 337 operational court and tribunal buildings, 245 are within five miles of another court or tribunal, so this should be kept under review. We should test whether buildings are really needed or suitable for the uses to which we put them.

The closure of a court is not a decision taken lightly, and we consult widely and think carefully about the responses we receive before making a final decision. We have changed our minds following a consultation, and retained courts because of the responses received—Northallerton magistrates court being one example. Only when convinced that effective access to justice can be maintained has the Lord Chancellor agreed to the closure of a court. In some cases, we have moderated the impact of a closure by continuing to provide local access through a supplementary provision, such as a video link, or by holding hearings in a different public building.

I take great interest in the potential that so-called “supplementary provision” can offer, although I have a certain nervousness about pubs. I know that inquests were once held in pubs, and witnesses gathered in them back in the Victorian era. I am not sure, however, that current concern for the dignity and gravitas of the court can be met by our local Wetherspoons, but I look forward to hearing what my hon. Friend the Member for Banbury proposes for her home town.

I do not accept the characterisation of this programme as being just about cutting costs without any regard for those who use our courts, and neither do I recognise the stories of inconsistency and chaos set out by the hon. Member for Enfield, Southgate (Bambos Charalambous). At the start of last year we engaged widely on our future strategy, and many Members have referred to the document, “Fit for the future: transforming the court and tribunal estate”, which underpins much of our decision making. I urge a further reading of paragraph 2.5, which lists the issues that must be considered. Those include the length of a journey, and the timeframe of between 7.30 am and 7.30 pm,

“the difficulty of the journey, including frequency of public transport and the number of changes required; the cost of potential journeys; the type of cases heard at the court or tribunal; the opening hours of the court or tribunal; the needs of vulnerable users; and whether there are available mitigations to reduce the impact on users with longer journey times, if the numbers of such users are small.”

We also consider supplementary provision where that is appropriate to the nature of the case, the court’s workload, and the agreement of the judiciary. Our assessment therefore goes much deeper than whether to tick off two particular times of the day.

I heard about the study that has taken place in Suffolk, and I look forward to meeting my hon. Friend the Member for Bury St Edmunds (Jo Churchill), who has been particularly affected by that issue. We have set out a clearer definition of what we consider to be a reasonable journey, but in my view the issue has not affected the failure to attend rate. Indeed, since about 2013, studies show the numbers of those affected by this issue to be in the low to mid 90,000s, which has declined since 2010. We wish to take into account a range of factors. Compared with December 2010, the proportion of the population now within the stated distance for reaching a magistrates’ court has declined by just 1.6%, so people are not being affected to the extent that many are concerned about.

I urge anyone with an interest in the future of our courts and tribunals to read our response to the consultation, and our new “Court and Tribunal Design guide”, which I fear has not received the same level of attention, despite being just as interesting. It sets out how we will make our courtrooms more flexible, enhance security standards, and provide for the needs of vulnerable victims and witnesses. Those things are just as important for access to justice as the other issues raised today.

As a former Minister for transport accessibility, who is also sitting next to the current Minister responsible for that, I am all too aware of the importance of inclusive public transport. I tried to introduce the idea of the inclusive court to my Department, and the work done by my hon. Friend and I focuses particularly on the needs of those with hidden disabilities. Accessibility is not just about the wheelchair ramp into court; it is about understanding those who have speech, language and communication difficulties, so that when they are in court they understand what is occurring.

I referred to the “Fit for the Future” document, but there is no Government document that cannot be refreshed when evidence changes. We are working hard to improve the quality of the court and tribunal estate. Her Majesty’s Courts and Tribunals Service was formed from a diverse range of earlier organisations. No one wants to see buckets in the court, or ripped seats, soggy walls, and chipped paintwork. Since 2016 we have invested more than £148 million in capital improvements, including the £15 million from the Treasury that so underwhelmed the hon. Member for Hammersmith (Andy Slaughter) at the start of his speech. I agree that that would not solve every problem in the estate, but I think of it as a down payment in our initial efforts to make a difference. If anyone wishes to visit Blackpool court just outside my constituency boundary they will see another court that is in serious need of investment, although we are hoping to move site very shortly. I am all too familiar with the need to ensure that we have a dignified court network and I recognise the role it plays in maintaining judicial morale.

The hon. Member for Lewisham West and Penge (Ellie Reeves) mentioned digital services. The principal aim is not to close off routes to justice, but to open new ones. We will continue to support paper processes for those who need them. For some, that will still be the best route into our courts and tribunals, but for those who want to use digital services but have trouble doing so, we are providing a range of support to help to ensure the process is accessible to all through telephone support, webchat, or, when required, face-to-face support. We have seen an improvement with online applications for divorce. When it was paper-based, 40% of forms were being returned and that is now down to 2%. That makes life easier for those engaging with the process. Online pleas are possible for traffic offences and a significant number of online civil money claims are now taking place with significant support for those participating in them. However, as she mentioned, evaluation does matter. Merely because we can do something online does not mean that we should do it in each and every case, so it is right to interrogate the overall reform programme.

Court reform is just one way to deliver the inclusive court that I personally want to see. There is no location in the public realm where the vulnerability of the individual can place their liberty at greater risk than in our justice system. If justice is truly to be done, it is vital that all sides, whether as a defendant or as someone bringing a case, understand how justice is being done to them.

[Robert Neill]

Will the Minister give way?

[Paul Maynard]

I will always give way to the Chairman of the Select Committee.

[Robert Neill]

I am grateful to the Minister and I appreciate what he says. He raises a specific point about the justice system being seen to be available. One concern arising in evidence given to the Justice Committee about the use of online procedure is that we must be careful that it does not develop into a situation where justice is not done in public and is therefore not seen to be done. This is another case where it could be a good idea, but we have to be careful to get the balance right.

[Paul Maynard]

I have heard many of those concerns, not least from judges themselves, about the role of video hearings. I recognise that there is a particular sensitivity here, which I am exploring carefully.

I was going to mention the Select Committee’s report on magistracy—that is a complicated word for me to get out—which I thought was fantastic and chimed with much I have encountered already in my short time in the role. I met a young magistrate called Luke Rigg a couple of weeks ago. He is a shining example of those we wish to see taking up the role of magistrate. Magistrates are the glue that holds our justice system together and they often go unrecognised. I urge anyone watching this debate to seriously consider becoming a magistrate. It is a fantastic way to get under the skin of a local community and I hope that far more people will do it.

On that note, I thank all Members for their participation. They have given me plenty of food for thought in my early days. I look forward to being grilled more heavily when the Select Committee drags me before it.