Judicial Review and Courts Bill (Sixth sitting)

Paula Barker Excerpts

Committee stage
Tuesday 9th November 2021 Public Bill Committees

[Alex Cunningham]

My hon. Friend is correct and gives excellent examples. I had an example a few weeks ago of a constituent who found out that he was likely to be locked up because he had not paid his television licence. He had not received the letter because he was no longer at that address. I know that he had a responsibility to inform people that he had moved on, but the fact that nobody tried to find him before it got to the point of court bailiffs turning up at the previous property to take goods away to pay his fines and court costs is a nonsense. Clearly, that can happen.

[Paula Barker (Liverpool, Wavertree) (Lab)]

Does my hon. Friend agree that the Government’s equality impact assessment does not recognise the issues that he has eloquently raised about the postal charge?

[Alex Cunningham]

Almost certainly. Our hon. Friend the Member for Lewisham East talked about people with mental health problems or disabilities who are all disadvantaged by these proposals, because no adequate system seems to be in place to ensure that they properly understand what they are doing and what is happening to them. If they do not understand, they may choose to ignore it and end up with a conviction and a criminal record, which has terrible ramifications for employment and all manner of other things, including even entering another country. If they have a criminal charge against them, they may not be able to go on holiday to some countries.

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“carry out an assessment of the defendant’s vulnerabilities, legal assistance provides an important safeguard helping to ensure that people with cognitive impairments or severe mental health conditions do not unknowingly opt into automated decision-making processes.”

[Paula Barker]

Does my hon. Friend agree that not having the appropriate checks and balances in place, as the amendment suggests, could lead to further litigation down the line from those who are charged?

[Alex Cunningham]

Indeed, that is very much the case. The Minister talked about how a conviction made by a magistrate in the absence of a defendant can always be challenged down the line. I do not see where that fits with respect to this, and I hope the Minister will explain it.

I stress that I do not think that this is the ideal safeguard for identifying individuals with vulnerabilities—legal professionals are trained primarily in the law, not to identify issues relating to vulnerabilities. I have already said that that is not their responsibility and I do not want the Government to think that the Opposition are advocating placing that safeguarding burden on the legal profession. We are certainly not doing that. We are, however, in favour of more safeguards being built into the system. This is an important safeguard for all defendants, not just those with vulnerabilities.

As I said earlier, I am aware of the Government’s intention for online pleas to be entered via the common platform, which I understand might seem to address the concerns we express here. As it is not in the primary legislation, however, we do not feel sufficiently reassured, which is to say nothing of the ongoing issues with the common platform—I understand the senior presiding judge has told Her Majesty’s Courts and Tribunals Service to halt the roll-out until it has been stable for at least three weeks.

I appreciate that the Government have looked at the matter, but I want to ensure that this works in some way, even if we do not agree with the method. I would therefore welcome the Minister’s thoughts on strengthening the safeguards in the legislation.