Courts and Tribunals (Online Procedure) Bill [Lords]

Debate between Paul Maynard and Robert Neill

2nd reading: House of Commons & Money resolution: House of Commons
Tuesday 16th July 2019 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

I welcome the principle behind the Bill. In setting out the enabling nature of the measure, will the Minister bear in mind that there is an underlying principle, consistent with the Briggs report, which the Lord Chief Justice, Lord Burnett, made clear in giving evidence to the Justice Committee? It is that while professional users will be obliged to use the online procedure, it is not the intention that litigants in person will be. Lord Burnett’s evidence clearly was that a paper alternative will be available as a safeguard for litigants in person. That is an important measure for vulnerable court users. Will the Minister confirm that?

[Paul Maynard]

My hon. Friend makes an important point with which I wholeheartedly agree. I always agree with the Lord Chief Justice in everything he says and does, and I would never dream of disagreeing with him. The fact that an online process is available makes it in no way obligatory for people to use it. There is still a case for physical hearings and very much still a case that people who wish to use a paper system should be able to do so.

--- Later in debate ---

[Paul Maynard]

With the leave of the House, I will do my best to respond to the points raised as speedily as I can, because I know that many are now gathering for the next debate. It is interesting that we started off the debate with a bit of a spiel about ideology and cuts. I found that intriguing, given that we are talking about the £1 billion Government investment in our Courts and Tribunals Service and its modernisation. I am grateful to the Chairman of the Select Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), for reminding everyone in the House that these proposals have the support of our senior judiciary.

A number of concerns were raised about what was termed digitisation by default. Let me make it clear that innovation is crucial to delivering modernisation, but we should never introduce more complexity or technological innovation merely because we can. We should do so because that innovation satisfies our requirements for proportionality and accessibility within the justice system. We always need to work with the grain of human nature, as our law is essentially a human contract in and of itself. Changes should never result in less justice or in people being incentivised not to behave in their own best interests. I have said at least twice in the debate already that the alternative methods must be protected at all times. People can seek telephone advice, for example. We are also piloting face-to-face advice in at least 25 areas. At any point, people can opt out of the online procedure, and the paper-based alternative will always be available. Either side in a case can opt out of an online procedure to ensure that it does not occur online.

Concerns were also expressed about piloting. I hear the point that there is no need to rush, and we are starting by focusing on civil claims under £25,000 being conducted online. Evaluation is important, and I have made it clear that I do not want Her Majesty’s Courts and Tribunals Service to mark its own homework. There will be an independent evaluation, and the panel has already met. It will have academic input in particular to look at the outcomes in relation to access to justice and the cost to users.

The membership of the committee was raised on a number of occasions. Let me be clear that the committee needs to be sufficiently agile to deal with a changing environment in which numerous online procedures will appear from time to time. Nothing in the Bill prevents the Lord Chancellor from utilising clause 7 to expand the membership of the committee when he sees fit to do so. At the same time, the committee can at any point choose to set up sub-committees or to bring in any wider expertise that it needs to draw up the procedures that it thinks appropriate.

[Robert Neill]

I believe that that will be welcomed by a number of practitioners. Can the Minister ensure that, in practice, no bureaucratic impediments will be put in the way of that happening? This intervention also gives me the chance to draw Members’ attention to my entry in the Register of Members’ Financial Interests, which I omitted to do in my speech. I apologise for that, Madam Deputy Speaker. Doing it this way is quicker than making a point of order.

[Paul Maynard]

That is an innovative way to facilitate that speediness.

The shadow Minister, the hon. Member for Bolton South East (Yasmin Qureshi), mentioned parliamentary scrutiny. We are keen to ensure that accountability is maintained, and I continue to believe that it is right for these powers to reside with the Lord Chancellor, who is directly accountable to Parliament, whereas the committee is not. We are not trying to shift the constitutional balance within the Bill. We are looking to maintain that balance, which is why we have sought to ensure that the Bill mirrors the long-standing arrangements for the existing rule committees.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who spoke for the Scottish National party, rightly raised Scottish representation, and I am very sympathetic to the points that he made. Obviously, I am as keen as he is to devolve tribunals. Not many Ministers stand at this Dispatch Box encouraging devolution, but in this case I am in concurrence with him, to use the word of the day. I am sure that we will continue to discuss that matter, but I hear the point he made about Scottish representation. He also raised the intriguing question why we have only one committee for online procedures, and he asked why the other three committees were not given the task of setting up their own online procedure rules. Essentially, the answer to that lies in the fact that we need the procedure rules to be the same across each of the civil, family and tribunal divisions of our courts. The decision was taken, with the support of the judiciary, to go down that route.

The hon. Gentleman also rightly raised the point that not every type of case is suitable for online procedures. He cited the welfare of children, and that is a good example. We will not bring anything online without seeking the concurrence of the Lord Chief Justice and without laying an statutory instrument that will be debated in both Houses, but I hear what he says. There are many types of cases where physical hearings are the most appropriate path to go down, and I certainly agree with him on that.

On that basis, I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Courts and Tribunals (Online Procedure) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Courts and Tribunals (Online Procedure) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 July 2019.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Matt Warman.)

Question agreed to.

Courts and Tribunals (Online Procedure) Bill [Lords] (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Courts and Tribunals (Online Procedure) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred under or by virtue of the Act by the Lord Chancellor.—(Matt Warman.)

Question agreed to.

Court Closures: Access to Justice

Debate between Paul Maynard and Robert Neill

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.

Oral Answers to Questions

Debate between Paul Maynard and Robert Neill

Tuesday 4th June 2019 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

Both as a constituency MP and when I look at the media, I am concerned by increasing reports of cases being adjourned, often at the last minute, for the lack of a judge being available, particularly in the Crown and county courts. At the same time, courtrooms sit empty and Her Majesty’s Courts and Tribunals Service is not advertising vacancies for recorders—part-time judges who are willing and able to fill those vacancies. Will the Minister urgently investigate what appears to be a lack of joined-up government by HMCTS?

[Paul Maynard]

I am very aware of this issue, which I have been discussing with various people at the top end of HMCTS. It is important that we recruit sufficient judges, on which we need to do better. I will happily discuss it with my hon. Friend and provide a fuller answer when I appear before his Select Committee next week.

Oral Answers to Questions

Debate between Paul Maynard and Robert Neill

Thursday 30th March 2017 Commons Chamber

[Paul Maynard]

I am sure the hon. Gentleman has already noticed our consultation on the future of the Southeastern franchise, which was released last week and clearly puts capacity front and centre. He is right to point out that we received a proposal from Southeastern, as a result of a personal request from me to the parent company for it to come up with better ideas. We have had it for a week now, and are looking carefully to make sure that it at all makes sense and adds up. I hope that those carriages will be hitting the network as soon as possible.

[Robert Neill (Bromley and Chislehurst) (Con)]

19. Part of the proposal for new rolling stock for Southeastern involved the transfer of class 377 trains from Govia Thameslink Railway. I have been informed that those trains will cease to be used by GTR from Monday, and will be standing empty at the Grosvenor sidings outside Victoria station. It will be adding insult to injury if my constituents sitting on a crowded train are passing empty carriages that ought to be helping them out. Will the Minister please fix this soon?

[Paul Maynard]

My hon. Friend is entirely right to point out that we expect both those train operating companies to work more closely together, because they have a similar parent company and the rolling stock that they need. I expect a solution to this problem. We have had a proposal, and I want to see it introduced as soon as possible.

Oral Answers to Questions

Debate between Paul Maynard and Robert Neill

Thursday 15th September 2016 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

On 16 July I wrote to the rail Minister requesting a meeting to discuss the daily failings that my constituents have at the hands of Southeastern Trains and Network Rail. Will he say yes to that meeting today?

[Paul Maynard]

Yes.