Oral Answers to Questions

Paul Maynard Excerpts

Tuesday 9th July 2019 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

1. What recent assessment he has made of the effect on access to justice of the courts digitisation programme.

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

Enhancing access to justice is at the heart of our £1 billion court reform programme. Our new online district services provide an easily accessible, intuitive route for people to bring cases to court. Her Majesty’s Courts and Tribunals Service is testing, learning and inducting online services, based on feedback from the people who use them. More than 150,000 people used our services in 2018 and public feedback has been extremely positive.

[Chi Onwurah]

Unfortunately, this Government are developing a track record of using digital technology not to improve services and empower people, but to cut costs and exclude people, so will the Minister commit to me now that he will ensure that the digitally excluded, especially the homeless, detainees and prisoners, have special access to support services; that access to legal aid will be clearly signposted online for the digital courts; and that the feedback and performance data—showing who is using these services, where and when—is publicly shared, so that we can measure whether the programme really is a success?

[Paul Maynard]

I am grateful for the hon. Lady’s question. I am intuitively sympathetic to all the points that she makes. I am very clear that there should always remain a telephone service, a paper-based service for those who need it, and the appropriate signposting. Inclusive justice is very important and we should never innovate merely because we can. We do not use new technologies merely because we can, but because they give a better outcome for the people who use our justice system.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

When it comes to the digitisation of the probate service, the Minister should be aware that constituents are still coming to me, reporting delays of up to 10 or 12 weeks before they receive probate. They are having to negotiate automated email replies and phone lines that are too busy to handle calls. What can he say today to give relief to my constituents and others who are affected, following the death of a loved one?

[Paul Maynard]

My right hon. Friend has cleverly anticipated Question 15. I have heard from Members across the House the deep frustration they feel regarding the current issues in the probate system. Delays had reached as long as eight weeks last month. We have put in place a number of measures to try to reduce the overall waiting time. It is now back down to roughly six to seven weeks, but that is still not good enough. We are now clearing the number of outstanding cases by about 1,000 a day, and I hope that the backlog can be cleared in around two to three months.

[Andy Slaughter (Hammersmith) (Lab)]

Is not the truth that what is happening at the moment is a restriction on access to justice, because almost half the courts in the country have been closed? Will the Minister follow what the Association of Her Majesty’s District Judges has said, and put a moratorium on court closures until the digitisation programme—£200 million over budget, spending £70 million on consultants—is seen to work?

[Paul Maynard]

I very much hear what the hon. Gentleman is telling me. He will recall a debate that we had in this Chamber a couple of weeks ago on that point. We have no plans to close any further courts at the moment, but he will recognise that there is a need to make sure that our court estate is used appropriately, and he will recognise that where court buildings are not used, or indeed are used for less than half the time for which they could be available, we have to look at making sure that what we do in our courts best meets the needs of our estate and of the people using our courts system.

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

Last year, the Government made a huge fanfare about their female offenders strategy but announced only £5 million for it. Recently, legal aid was increased by £8 million, but that pales into insignificance compared with £67 million spent on consultants to provide cuts to our courts. Instead of throwing money at the consultants, surely there should be a proper debate in this House on the Government’s disastrous court closure programme.

[Paul Maynard]

When I speak to most sensible people across the entire justice system, there is a recognition that our justice system has to modernise. If we do not transform or modernise the system, the service will become increasingly unsustainable and will deliver a progressively worse service for the people for whom I know the hon. Lady wants to get the best outcomes possible—I do too. If we do not modernise, our district system will not be able to maintain that level of service.

[Mr Philip Hollobone (Kettering) (Con)]

2. What recent estimate he has made of the average waiting time for benefit application appeal tribunal hearings in (a) Northamptonshire and (b) England.

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

Between January and March 2019, the average waiting time for benefit appeals in Northamptonshire was 21 weeks. In England, it was 33 weeks.

[Mr Hollobone]

Too many of my Kettering constituents are having to wait far too long for their appeals to be heard when their benefit applications are turned down. The Minister has read out average figures, but some of the waits are over 30 weeks. What can he do to speed up the appeals process in Kettering?

[Paul Maynard]

I was almost disappointed that my hon. Friend did not phrase his first question better, because I was going to go on to tell him that in Kettering, the waiting time was actually 33 weeks, which is comparable to the England average—12 weeks longer than that in Northamptonshire. If I may anticipate the further follow-up question that he might have liked to ask, in Kettering we are making new venues available, particularly in Wellingborough and Northamptonshire, and we have added three judges, eight disability qualified tribunal panel members and two medically qualified tribunal panel members to try to reduce waiting times in his constituency.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

rose—

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[Mr Speaker]

That is a very cheeky piece of shoehorning.

[Paul Maynard]

I am presuming that the hon. Gentleman is encouraging me to have more tribunals in Wick, as opposed to decision makers. Since I have 3,000 employed in my own constituency making key decisions on personal independence payments, I do not think we should move to Wick. None the less, there is a lack of tribunals in his constituency. We will have to hear further information from him as to how we can improve accessibility there.

[Mr Speaker]

In relation to the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), the hon. Member for Huddersfield (Mr Sheerman) just chuntered from a sedentary position, “Yes, but he’s a nice guy.” Well, I think we can all agree about that.

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[Sandy Martin (Ipswich) (Lab)]

7. What steps his Department has taken to tackle legal advice deserts.

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

After the latest Legal Aid Agency civil tender, the number of offices providing legal aid services has increased by 7% in the areas of housing and debt. The Legal Aid Agency reviews the access to services on a regular basis and takes any necessary action to maintain access to those services.

[Sandy Martin]

As the east of England is the region with the highest percentage of population with no providers of housing legal aid, and as Ipswich is in the centre of the housing legal aid desert that covers the whole of Suffolk and most of north Essex, will the Minister agree to meet me and the director of the Suffolk Law Centre to discuss what can be done to address this housing legal aid desert?

[Paul Maynard]

I anticipated that the hon. Gentleman might ask about his local situation. Although a contract was awarded in Ipswich in the last tender, we are waiting for the provider to advise us that it has managed to recruit staff to provide advice. We are aware that this will be restricting access, and we will shortly consider re-tendering the service. I am more than happy to meet the hon. Gentleman to discuss this further.

[Julia Lopez (Hornchurch and Upminster) (Con)]

Public confidence in the legal aid system is often determined by high-profile cases such as the inquests into the Manchester bombing and the London Bridge attacks, in which the taxpayer funded the legal fees of the public authorities and, in the case of London Bridge, the widow of one of the terrorists, but not the victims of the attack. Many people feel instinctively that this is not right, so what work is the Minister doing to build confidence in the justice of the current system so that the victims of terror do not face their own legal advice desert?

[Paul Maynard]

I certainly hear what my hon. Friend says. Our thoughts will always be with those who have lost loved ones in any terror attack. Our review of legal aid shows that bereaved families do not need specific legal representation at the vast majority of inquests. It is important to ensure that these inquests remain inquisitorial, but what is known as equality of arms has to be a key consideration, as we know from Dame Elish Angiolini’s report. I am therefore working closely with my officials to look at what more can be done to help those families who are in an inquest situation.

[Richard Burgon (Leeds East) (Lab)]

This month marks 70 years since the post-war Labour Government introduced the Legal Aid and Advice Act 1949. Tory cuts have decimated access in recent years, and those cuts alone mean 90,000 families denied legal aid for benefits challenges—a move that the United Nations criticised—and 50,000 families denied housing legal aid, letting rogue landlords off the hook, as well as tens of thousands left facing the hostile environment without legal support. Labour has committed to restoring legal aid for all family law, for housing, for benefits appeals, for judicial review preparation, for inquests and for real action on immigration cases. Will the Minister mark the 70th anniversary of legal aid by committing to return any of those?

[Paul Maynard]

As we survey the decaying embers of a dying regime reaching its inevitable conclusion, it is good to see the shadow Secretary of State showing that he is waving and not drowning, as he desperately tries to draw attention to the fact he is full of vim and vigour. As he will know, we are currently reviewing legal aid thresholds and exceptional case funding. We are bringing special guardianship orders back within the scope of legal aid, and we are looking at legal support action plans.

I am unclear, the more I listen to Labour Front Benchers, about why they assume that the only way to provide legal support is to fund it through legal aid. We will shortly have a question on law centres and, for me, there have to be a number of ways to provide legal support. [Interruption.] “And for us,” I hear the hon. Gentleman say from a sedentary position, and I am pleased to hear that.

[David Hanson (Delyn) (Lab)]

8. What recent progress he has made on probation reform.

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[Marsha De Cordova (Battersea) (Lab)]

13. What his Department’s policy is on law centres.

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

We recognise the valuable work that law centres do in local communities throughout the country and support them in that work through both grant funding and legal aid contracts.

[Marsha De Cordova]

Law centres such as South West London Law Centres, which has an office in my constituency, provide a significant cost saving to the public finances by helping to resolve legal issues in the fields of debt, employment, immigration and housing before they spiral out of control. Will the Minister commit to securing Treasury funding to provide a central grant to law centres to ensure their survival?

[Paul Maynard]

A few weeks ago I visited my local law centre in Blackpool, the Fylde Coast Advice and Legal Centre, and saw the excellent work that it does. The centre that the hon. Lady mentioned is on my “to visit” list, so staff there will be seeing me imminently. She makes the important point that we need to bring early legal advice as close as possible to the individual’s front door, and not wait for matters to reach the court door. We are committed in our legal support action plan to looking into how law centres can best be utilised to deliver on that agenda, so I am keen to hear what staff have to say to me when I get to meet them.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

14. What recent assessment he has made of the adequacy of the service provided by family courts to survivors of rape and domestic abuse and their children.

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

We are determined to improve the family justice response to vulnerable parents and children, including victims of rape and domestic abuse. An expert panel has been established to help us better to understand victims’ experiences in the family courts, and we will hold a public call for evidence to build a more detailed picture of any harm caused during or following proceedings.

[Preet Kaur Gill]

One of the most senior family court judges has described it as “shaming” to preside over so many cases where individuals are being forced to represent themselves because of the impact of legal aid cuts, especially as we should be minimising harm to children of victims of domestic violence. This really should be a central concern of our justice system. Is the Minister shamed by the effects of his Government’s policy?

[Paul Maynard]

What we are seeking to do with the panel that we have set up is make sure that we reappraise the incremental changes that have occurred over time and understand how that has impacted on practice in the courts. I am very keen to see what the panel has to say. It is independent, and I am not trying to pre-judge its outcomes at all, but I hope that it comes up with a series of short-term changes that we can make immediately. Areas of further work may be required.

[Gloria De Piero (Ashfield) (Lab)]

I wrote to the Minister requesting the removal of automatic entitlement to joint assets from those guilty of attempting to murder their spouse. In his response, he expressed concern that to do so may punish the offender twice. But that is exactly what is happening to the victim: they are subject first to attempted murder and then to continued abuse through the courts and the potential loss of their home. The victims’ rights must always come first. Does he support the removal of the presumption of entitlement to joint assets in these cases?

[Paul Maynard]

I do understand the points that the hon. Lady makes. I am glad that she read my reply carefully, and I understand why it might concern her. Part of the objective of this panel is to make sure that we look across the wide spectrum of practice in the family justice system. I have heard the points that she has made and I am sure that the panel will have, too. I look forward to seeing what advice the panel has.

[Marsha De Cordova (Battersea) (Lab)]

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

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[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

T4. Contrary to the Government’s fairly timid review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, Jo Wilding’s new report on legal aid for immigration cases warns that urgent policy action is required to avoid catastrophic market failure in England and Wales. Will Ministers read that report and respond with the urgency required?

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

I am always happy to read any report relevant to my brief. We are already reviewing many parts of the legal aid framework, particularly around the thresholds. I will have a look at that report and take it on board.

[Tom Pursglove (Corby) (Con)]

As we head into the comprehensive spending review, what pitch will my right hon. Friend be making to the Treasury relating to prisons and schemes that have been successful in reducing reoffending?

[Toby Perkins (Chesterfield) (Lab)]

T5. I have been in communication with the Under-Secretary, the hon. Member for Blackpool North and Cleveleys (Paul Maynard), about a constituent of mine who is facing an appalling situation with the Legal Aid Agency. The Legal Aid Agency applies a £100,000 disregard to eligibility for legal aid if someone is living in their main dwelling, but because my constituent is fleeing domestic violence and living in a women’s refuge, her property is considered to be her second home and she is being asked for the legal aid back. That cannot be the intention of the policy, but the Minister has not been able to do anything for my constituent. Will he urgently look into this and get us to a situation where people fleeing domestic violence are not penalised as a result of living in a refuge?

[Paul Maynard]

The hon. Gentleman wisely sent his communication to my parliamentary email, so I got to read it. That is a note to other Members around the House as to how to get my attention. I have already asked to speak to officials this afternoon and I hope to be in touch as soon as I can.

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

The Non-Contentious Probate (Fees) Order 2018 went through Committee at the beginning of the year but has still not been subject to a vote here. Given that the proposed increase, for no additional work, from £215 to potentially £6,000 has been described as an abuse of the Lord Chancellor’s fee-levying powers, has he had second thoughts and decided to reject this iniquitous proposal?

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[Dr Sarah Wollaston (Totnes) (Ind)]

What assessment has the Minister made of the delays and errors at the Cardiff probate office, because what used to take a matter of 10 working days for my constituents is now taking months? Can he set out exactly what is causing the delays and, more importantly, what can be done to reduce them?

[Paul Maynard]

As I said at the start of Question Time, it is wrong that people in a state of bereavement are having to wait so long for these matters to be addressed. In May the average waiting time was eight weeks, and it has now decreased to six or seven weeks. I intend to keep working with Her Majesty’s Courts and Tribunals Service to keep that downward trend and bring waiting times back to the traditional two to three weeks.

[Thangam Debbonaire (Bristol West) (Lab)]

The Prisons Minister has been good enough to keep me informed of developments at HMP Bristol in Horfield and of the urgent notification status. Will he agree to visit the prison with me, hopefully in the next couple of months, so that he can see for himself the challenges there are and how we can support the prison and the next governor to provide a safe regime?

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[Louise Haigh (Sheffield, Heeley) (Lab)]

Campaigners and I are really pleased that the Government have commissioned a review of the treatment of victims of domestic abuse by the family courts, but we are concerned that survivors’ voices are not at the heart of the panel. I am looking forward to meeting the Minister next week, but will he take this opportunity to confirm on the record how victims and survivors of domestic abuse can participate in the review without fear of breaching gagging clauses imposed on them by the family courts?

[Paul Maynard]

The hon. Lady makes an excellent point. I have already had discussions with the panel’s chairs on how to ensure that as broad a spectrum of people as possible can participate in the panel and its evidence taking. I will take away that point and hopefully have a concrete answer for her by the time we meet.

[Wera Hobhouse (Bath) (LD)]

Witnessing domestic abuse, especially as a child, is traumatising and has an impact on life for years to come. In the upcoming domestic violence legislation, will the Minister commit to including children who have witnessed domestic abuse in the statutory definition of a domestic abuse victim?