Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 12th September 2023 Commons Chamber

[Peter Aldous (Waveney) (Con)]

5. What steps his Department is taking to reduce the backlog of criminal court cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

My hon. Friend raises an important point, and we remain committed to working with our partners across the criminal justice system to try to ensure that court processes are as efficient as possible. We have introduced a raft of measures to achieve that aim, including allowing courts for a third year in a row to sit for an unlimited number of days, with extended use of 24 Nightingale courtrooms. In addition, we have opened two permanent super-courtrooms in Manchester and Loughborough and are recruiting an additional 1,000 judges across all jurisdictions.

[Peter Aldous]

I am grateful to my hon. Friend for that reply. In Suffolk, the backlog of criminal court cases remains stubbornly high, which is not only denying victims justice, but placing a huge burden on the police and costing the local taxpayer a fortune. Working with Suffolk’s police and crime commissioner Tim Passmore, can my hon. Friend produce a comprehensive and bespoke plan that first clears the backlog, and then sets out a long-term strategy for the efficient functioning of the courts in the county?

[Mike Freer]

I can reassure my hon. Friend that in Suffolk the disposals to March 2023 were up by 23% on the previous quarter, while the outstanding case loads slightly reduced in the same period. That reflects the hard work that is done with our partners to ensure that we get through the case load as fast as possible. We continue to work with the judiciary to identify how we can get the high workload moving more smoothly. Across the Department, and working with our partners, the Crown court improvement group continues to look at best practice and the local criminal justice board will always look at best practice across the country to see what we can do to ensure that his area continues to perform.

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 16th May 2023 Commons Chamber

[Mike Freer]

As the hon. Gentleman says, work is under way. The review has to be carefully considered, because of the complexities of parental involvement, to ensure that the rights of the child are protected. It is an important and complex issue, and we want to ensure it is based on a solid understanding of the ways the presumption is currently applied and how it affects both parents and children. I have asked that we get a stronger date for the review to be published. I will write to him shortly, once I have a date.

[Peter Aldous (Waveney) (Con)]

19. Whether the Government are taking steps to ensure that legal aid is available for extended family members who are seeking guardianship of vulnerable children.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

We laid a family statutory instrument in February this year which, among other things, brings special guardianship orders in private law proceedings into the scope of legal aid, injecting a further £5.6 million a year into the system. A special guardianship order can place a child in the care of someone other than their birth parents. That can include family members, including grandparents, and close family friends.

[Peter Aldous]

I am most grateful to my hon. Friend for that answer. The Government’s announcement, which he outlined, of an additional £5.6 million for legal aid to support family members seeking guardianship of vulnerable children is extremely welcome. I would be grateful if he considered whether that could be part of a wider review of the rights of family members, specifically grandparents who are very often best placed to provide a loving home, care and support.

[Mike Freer]

The rights of grandparents have risen up the agenda considerably over the last few years. Both colleagues who have spoken on this issue today, including my hon. Friend, make some valid points. I will give a commitment to discuss it with my colleague Lord Bellamy, who leads on this area, to see what further work we can do.

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

What progress he has made on reducing the backlog of cases in HM Courts and Tribunals Service.

[Peter Aldous (Waveney) (Con)]

What steps his Department is taking to reduce the court backlog.

[Jane Hunt (Loughborough) (Con)]

What steps his Department is taking to reduce the court backlog.

--- Later in debate ---

[Chris Philp]

The hon. Lady is right to draw the House’s attention to this very serious problem, which most certainly does need to be sorted out. Some steps have been taken already, such as the roll-out of section 28 video-recorded evidence to help the most vulnerable witnesses, where that would be of assistance. Changes have also been made to disclosure rules very recently, which often pose obstacles in these kinds of cases. In fact, only yesterday the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk) and the Lord Chancellor announced an additional £40 million to help victims, including victims of these terrible crimes, but it is fair to say that a great deal more needs to be done, as the hon. Lady rightly references. There is a cross-Government, cross-criminal justice system rape review currently being undertaken, led by the Minister for Crime and Policing. That will be reporting very shortly and will have further concrete actions in this very important area.

[Peter Aldous [V]]

I am most grateful to my hon. Friend for those earlier answers. The additional funding that Suffolk constabulary has received for victims’ services is extremely welcome, as many victims of the most horrific violent and sexual offences are, along with their families, in urgent need of additional support at a time when the period between charging and the commencement of a trial can now be between a year and 18 months. That delay is causing great distress, so to reduce the backlog of cases, will my hon. Friend provide more court staff and a Nightingale court in Suffolk to increase capacity in Crown courts?

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 8th October 2019 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

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

[Peter Aldous (Waveney) (Con)]

16. What steps he is taking to modernise the courts and tribunals system.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

Digitisation is designed to improve access to justice and, of course, efficiency in the court system. Last year, 150,000 people accessed court services online. To date, no fewer than 63,491 people have entered uncontested divorce proceedings online. The take-up rate is now 62% and growing. Some 94,975 people have issued or responded to civil money claims to date, and they report an 88% satisfaction rating. No fewer than 317,206 minor pleas have been entered since 2014, and if the House is wondering, 85% of those pleas were guilty and 15% were not guilty.

[Chris Philp]

The House has been in the process of legislating in this area for some time. The Prisons and Courts Bill fell at the 2017 election. We finally legislated in the Civil Liability Act 2018, which is due to be implemented along with the £5,000 limit for the small claims track in April next year, and that remains the Government’s intention.

[Peter Aldous]

In Suffolk, nearly half of all victims of domestic abuse or sexual offences are unwilling to proceed with prosecutions. Clause 75 of the Domestic Abuse Bill will help to improve the situation, but will the Minister confirm that the Government are committed to root-and-branch reform to remove the culture of confrontation, fear and intimidation in the courts and tribunals system?

[Chris Philp]

My hon. Friend raises a very important point, which was touched on by Members under Question 3. It is vital that we help victims of these terrible crimes to pursue the case right through the court system, rather than dropping it after reporting the crime, and there is a lot more to do there. The provisions in the Domestic Abuse Bill, introduced for its Second Reading last week, will help that, as will the increased funding to support victims of these terrible crimes, to which I referred earlier.

Domestic Abuse Bill

Peter Aldous Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Peter Aldous (Waveney) (Con)]

It is a privilege to follow the hon. Member for Bradford West (Naz Shah) and to take part in this landmark debate. We have heard so many memorable contributions from all around the Chamber. This Bill has been a long time in coming, and although there has been much prior scrutiny it is very welcome. It provides the framework for tackling a crime that has scarred people’s lives for generations. The personal cost is enormous and the impact upon society is devastating. Good work is already being done, whether by the Waveney Domestic Violence Forum or the police and crime commissioner for Suffolk, Tim Passmore, but in many ways they are working with one arm behind their back. We need to empower them. This Bill can do that, but to be fully successful it must be underpinned by adequate funding, proper support for victims, and the promotion of a cultural change in society and across the whole public sector.

The Lord Chancellor and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), must take great credit for doing an enormous amount of preparatory work on this Bill. They have done much of the heavy lifting, but, as he stated, this Bill must not be viewed as the sole responsibility of his Department; it must be owned across government. We need to take down those departmental silos.

Refuge draws attention to one of the unintended consequences of universal credit that must be addressed—the need to reform those aspects of UC that currently facilitate and exacerbate economic abuse. Those reforms would include paying universal credit separately by default and abolishing the five-week delay for survivors. Refuge is also seeking an amendment to protect survivors of domestic abuse from the trauma and intimidation of being directly cross-examined in court by their perpetrator, which is inappropriate and wholly unacceptable. SafeLives urges the need for reform in the court system, and highlights the need for specialist support for adult and child victims through the family courts. It also emphasises the need for better funding of a larger number of independent domestic abuse advisers.

Nowhere—no home, no workplace—is a guaranteed sanctuary from domestic abuse. No one can be sure that they will never be a victim, but there are those who are more at risk—women, rather than men; children, who will carry the devastating impact throughout their life; and, as our society ages, older people, as my hon. Friend the Member for Truro and Falmouth (Sarah Newton) highlighted. That is a concern that Age UK has also highlighted. To age-proof the Bill, it has made four recommendations as to how it can be improved; I hope that the Government will take those on board.

The Bill has a great deal to commend it. It provides the framework in which we can eliminate a stain on society that has been there for too long. It must be a catalyst for change. This debate has provided an opportunity for the House to be seen at its best, led by the hon. Member for Canterbury (Rosie Duffield) and ably supported by my hon. Friend the Member for Wyre Forest (Mark Garnier) and the hon. Members for Penistone and Stocksbridge (Angela Smith) and for Bradford West (Naz Shah). We need to put aside our differences, come together and put in place a new way of doing things that can mean such a great deal to so many.

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 24th April 2018 Commons Chamber

[The Minister of State, Ministry of Justice (Rory Stewart)]

As the hon. Gentleman will be aware, there has been an urgent notification process. We have put a plan in place. I have now visited HMP Nottingham, and I pay tribute to Tom Wheatley, the governor, for the work he is doing. He has a much better care process in place, and he has highly trained staff. We expect to see improvements soon at HMP Nottingham.

[Peter Aldous (Waveney) (Con)]

T5. In Suffolk there is a growing problem in finding justices of the peace to chair family panels, which can be complex work in which experience and local knowledge are vital. Will the Lord Chancellor give consideration to resolving the problem in the short term by extending the retirement age for magistrates?

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

My hon. Friend makes an important point about the important role that magistrates play within our legal justice system. The Secretary of State told the House of Lords Constitution Committee that the judicial age in general is being looked at in the round.

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 8th March 2016 Commons Chamber

[Mr Speaker]

I trust that the hon. Gentleman will have the tribute framed and put in an appropriate place in his constituency office for everyone to observe. He should savour it—it was very, very fulsome.

[Peter Aldous (Waveney) (Con)]

In 2013, my constituent Adele Bellis was the victim of an acid attack. There has been a significant increase in such attacks in the past three to four years. I would be grateful if the Secretary of State could confirm that the Government will bring forward a strategy to address this, particularly the need for tougher sentences. Adele has shown great courage, but she has to live with that attack for the rest of her life.

[Mr Raab]

I thank my hon. Friend for his comments. That is an absolutely appalling case, and all cases of that kind are absolutely abhorrent. I would certainly be willing to hear from him about the specifics of the case, and we will of course look to see whether there is a case for additional sentencing powers over and above those that we already have.

State Pension Age (Women)

Peter Aldous Excerpts

Thursday 7th January 2016 Commons Chamber

[Richard Graham]

In fact, the Committee had that discussion and we heard evidence from Women Against State Pension Inequality, which is a good, reasonable and sensible campaign. On the whole, its evidence to the Committee focused on the issue of communication, partly so that lessons can be learned so that when future announcements are made about what will happen in 10 years’ time, they are communicated effectively to those who will be affected. We do not want to end up in a similar situation in 10 years’ time, with another generation of women complaining about not knowing.

[Peter Aldous (Waveney) (Con)]

Does my hon. Friend, like me, hope that when the Minister sums up he will address the failure of the communication strategy since 1995 and right up to the current day? A constituent of mine was told in October that they had qualified for their state pension, but a few weeks later they were told that they had another three years to go. We really need to address that problem.

[Richard Graham]

My hon. Friend is absolutely right and I am sure the Minister will comment on communication. As I said in the debate in December, there are clear lessons and it would be good to have future changes clarified. I know that a further review is planned in 2017, and longevity continues to increase. The average life expectancy for women, as projected by the Office for National Statistics, has already increased by 2.6 years since the 1995 proposals, and Adair Turner, whose report led to the consensus that this House held for many years, said not very long ago that, if he had done the report now, he would have planned for faster changes to state pension ages.

The hon. Member for Paisley and Renfrewshire South rightly said that at some point we will want to discuss the effect of the future state pension on women. In answer to her point about discrimination against women, I think it is really important that all Members and our constituents are aware that the new state pension will be much fairer to women than the old system. National insurance credits will be given for years taken out of work for caring or for bringing up a family. This is the first time this has happened in the history of the pension—it is a really important point. It will give women the same entitlement as they would get from national insurance contributions through earnings. That is a significant change and I would have thought that those Members who tabled the motion would want to allude to it.

Oral Answers to Questions

Peter Aldous Excerpts

Tuesday 8th December 2015 Commons Chamber

[Andrew Selous]

The hon. Lady is absolutely right to suggest that serious offences are a very serious matter from which we must learn every possible lesson to ensure that there is no repeat, but I do not agree that the transforming rehabilitation reforms are in any way responsible for a degradation of the probation service. I remind her that 45,000 criminals now receive probation supervision who did not get it before, because the last Government brought in probation for those who are sent to prison for less than a year.

[Peter Aldous (Waveney) (Con)]

I would be grateful if the Minister could confirm that his Department is giving full consideration to the compelling, evidence-based and locally produced case for Lowestoft magistrates court to remain open.

Magistrates Courts: Suffolk

Peter Aldous Excerpts

Wednesday 16th September 2015 Westminster Hall

[Peter Aldous (Waveney) (Con)]

I beg to move,

That this House has considered magistrates courts in Suffolk.

Sir Roger, it is a pleasure to serve under your chairmanship.

I am pleased to have secured this debate on the future of magistrates courts in Suffolk, following the publication of the Government’s proposals to close two of the remaining three courts in Suffolk: the court at Lowestoft, which is in my Waveney constituency, and the court in Bury St Edmunds, which is in the constituency of my hon. Friend the Member for Bury St Edmunds (Jo Churchill). Sir Roger, with your approval and that of the Minister, I propose to speak for the majority of the time for this debate, and my hon. Friend will say a few words about the situation in Bury St Edmunds.

I am grateful to the Minister for the time that he has already given to me to listen to my concerns about the proposed closure of Lowestoft magistrates court. He has answered my questions in the Chamber and he and his officials have met Lowestoft solicitors and me.

There is no argument about the need to reform the justice system. However, any changes must not be at the expense of local access to justice. My concern is that the current proposals will imperil that. There is a need for a long-term vision of the future of our justice system, and it is important that local concerns and local knowledge are properly taken into account in the consultation that is now taking place.

There is a widespread view in Suffolk that the current proposals short-change Suffolk and that we have got a raw deal compared with other counties. The police and crime commissioner has expressed his concern, as have the temporary chief constable, the former superintendent in charge of the Lowestoft sector, the Police Federation, and the Suffolk and North Essex Law Society, as well as Lowestoft solicitors, who are working up an alternative proposal for Lowestoft. The East Anglian Daily Times has launched its “Justice for Suffolk” campaign and The Lowestoft Journal has launched a “Keep Justice Local” campaign.

In the early 1990s, there were 12 magistrates courts in Suffolk. If the Government’s current proposals go ahead, only one will remain, in Ipswich. Although Ipswich is the county town, it is located at the southern end of the county, and it is a long way from and inaccessible to much of the rest of the county, in particular—from my perspective— north-east Suffolk, including the Waveney constituency and Lowestoft. In Ministry of Justice questions last week, I highlighted the fact that under the current proposals Suffolk would be one of only six English counties with just one magistrates court. That contrasts with the three courts being proposed for Norfolk and the four that would remain in Essex.

Moreover, under the current proposals Suffolk would be the worst English county for the number of magistrates courts per square mile, with one for every 1,466 square miles, compared with one for every 692 square miles in neighbouring Norfolk, one for every 355 square miles in Essex and one for every 655 square miles in Cambridgeshire. In response to my question last week, the Minister referred to Suffolk’s being a very “law-abiding” county. That is true, but by no stretch of the imagination can Suffolk be described as twice as law-abiding as Norfolk, the neighbouring county, which has a very similar demography and geography.

In its consultation document, the Ministry of Justice stated that if its proposals are implemented across the country 95% of citizens will be able to reach their required court within one hour by car. If Lowestoft magistrates court closes, that will not be the case for many people in north Suffolk, whether they are urban or rural dwellers. Travel times from Lowestoft to Ipswich are approximately 90 minutes, whether by car or train, and there is no direct bus service. Journeys to Great Yarmouth and Norwich are by no means straightforward either. The position in Norfolk is very different, as Norwich is more centrally located in Norfolk than Ipswich is in Suffolk, with all the main roads to the different corners of Norfolk radiating out of the city.

Lowestoft magistrates court is a relatively modern building, which has the advantage of occupying a readily accessible location adjoining the police station. It is also close to the new shared offices of the national probation service and the community rehabilitation company, as well as the town centre, and within walking distance of both the bus and railway stations. There is also an adjacent car park, which is underutilised. The court’s concourse goes straight on to the pavement and there are lifts to the cells.

Any changes to the court estate must ensure that this strategically placed community asset continues to be used. The building is not expensive to run. Moreover, it has operated extremely efficiently over the years, outperforming other courts in Suffolk and Norfolk in terms of administering justice both promptly and fairly. It has been underutilised in recent years, although this is as a result of a reduction in the number of hearings scheduled for Lowestoft. Custodies have moved elsewhere, motoring offences have gone to Ipswich, and family proceedings also now take place in Ipswich. The magistrates court in Lowestoft sits less often than it used to, but that is not due to a lack of either magistrates or staff. The cynical might say that there has been a deliberate redirection of work away from Lowestoft, with fewer sittings taking place there so as to tie in with the agenda of Her Majesty’s Courts and Tribunals Service rather than to provide a service to the local citizens, whose needs the court—and us—should meet.

There is also a concern that the analysis of costs on which the Ministry of Justice is basing its decision to close Lowestoft magistrates court is incorrect. That analysis shows 31 staff working from the court. It would appear that that number includes those administrative staff who work on the first floor in the fines collection department. They cover the whole of East Anglia and will continue to be employed if the court closes. Therefore, it is not appropriate to include their costs in those of running Lowestoft magistrates court. In addition, a further advantage of the court remaining open is that the cost of upheaval and relocation of its staff would be avoided.

The closure of Lowestoft magistrates court would make it very difficult for many people in north-east Suffolk to access justice. If court work is transferred to Great Yarmouth, Norwich and Ipswich, many people in Lowestoft, in the market towns of Beccles and Bungay and in the surrounding rural areas could not reach the relevant court in one hour by public transport. They would face significant travel costs in an area where wages are generally low, with the poorest and most vulnerable being most at risk.

The feedback that I am receiving is that the very thought of having to attend a court hearing away from Lowestoft, whether as a victim, a defendant or a witness, could put off many people from attending. There is a worry that there could be more failed trials, due to the difficulties in getting defendants and witnesses to court. With a local court such as Lowestoft, it is relatively easy for the local police to find those people who fail to appear in court quickly.

There are also concerns about domestic violence cases, and there is a strong view that such cases should be listed locally in the first instance. There would be problems in getting both support staff and victims to court if such cases are not heard locally. There is also a real worry that victims, witnesses and defendants in domestic violence cases could all find themselves on the same train or bus to another court. It might even be the case that the magistrate would be on the same train or bus.

The feedback from those hearings that already take place away from Lowestoft is not encouraging. Private family cases have their first hearing in Ipswich. That means more expensive travel, which adds to the trauma of going a long way to consider what are often complicated and highly emotional issues, such as child arrangement orders. If the case goes on for two or three days, the parties who live in Lowestoft will have to travel to Ipswich daily. Ipswich family court is already at capacity and is not coping. Consequently, some cases have been redirected to Chelmsford, which is a very long way from Lowestoft. With a 9 am start for hearings, there is a real challenge for people to get to court on time. Also, if social workers have to attend, they are in effect unable to do any other work for the remainder of the day.

The Government are placing great stock on increased use of information technology extending the use of “virtual courts”, with victims, witnesses and defendants appearing on screen. There is a place for that, but the feedback that I am receiving locally is that where it is being used, there are “teething difficulties”, with what was previously being done in a morning in Lowestoft court now taking the whole day.

There is also a worry that some of the pilots that are being carried out are in metropolitan areas, which are completely different to shire counties such as Suffolk. The single justice procedure pathfinder court, which commenced in mid-May, is taking place in south-west London. The “make a plea online” service is being piloted in Manchester. The rota online pilot is taking place in Hampshire and in south-west London. There is a view that if we rush to close courts on the premise that digital services will step smoothly into the shoes of magistrates courts, courthouses will have to be reopened if the new arrangements do not work, and where the courthouses have been sold or are no longer available, new ones will have to be built.

[James Cartlidge (South Suffolk) (Con)]

I congratulate my hon. Friend on securing the debate and on making a brilliant and passionate speech on a subject that is important both for his constituents and for mine in South Suffolk. On information technology, do we not have to factor in broadband speed in areas that might be expected to use the services?

[Peter Aldous]

My hon. Friend is correct. In the context of going from 12 courts in the 1990s to the one that is proposed now, one hoped that traditional forms of communication—road and rail—and also broadband would have improved dramatically. They are moving in the right direction, but I do not think that they have improved to such an extent.

In family court and domestic violence cases there is a role for video links in safeguarding victims. In certain circumstances they are extremely appropriate and necessary, but solicitors emphasise to me the importance of personal interaction in reaching the right verdict. There is a fear that the whole process could be dehumanised, with serious implications for the fair administration of justice.

The great advantage of magistrates courts is that magistrates are drawn from the local area. They know their patch and can set cases in the right context, which is important in administering local justice. Such localism could be lost if courts were closed and their jurisdiction transferred to others 30 to 40 miles away—for example Ipswich, which is not easy to get to from Lowestoft. Any review of the court system should look closely at the scope of the work being carried out in magistrates courts.

With digitalisation, Sir Brian Leveson’s review and the Government’s proposed changes, the role and work of magistrates will change. As part of that, the Government should seriously consider changing the jurisdiction of and extending the range of cases considered by magistrates. That would enable justice to be delivered more locally, closer to communities. It could also help victims, because magistrates courts are less intimidating than Crown courts, and cases would also be dealt with more promptly. Moreover, research shows that significant financial savings would be achieved. Such a reinvigorating of magistrates courts and local justice can readily take place by enacting sections 154, 280 and 281 of the Criminal Justice Act 2003. The Minister has confirmed to me that such a review is taking place, but it should not be carried out in a vacuum; it should form part of the consultation.

Work in local magistrates courts underpins the legal profession in a town such as Lowestoft. Like magistrates, local solicitors know and understand the area in which they work, and they are immediately on hand, available at all hours to provide advice and guidance to their clients. They very much take on the role of a trusted adviser, gaining the respect and confidence of their clients who know them and know that they will do their best in representing them during what can be a harrowing and traumatic experience.

There is a worry that, without local courts, local solicitors firms could struggle to survive and local people would have to obtain advice from solicitors offices miles away from where they live. It is vital in Lowestoft that we continue to have a wide range of independent solicitor practices in the town.

In response to the consultation, Lowestoft solicitors will come forward with an alternative proposal for the Minister to consider. I urge him to give it his full consideration, as it will have been produced with the benefit of local knowledge, taking into account the concerns that I have raised.

Sir Roger, I am grateful to you for listening to me. I now hand over to my hon. Friend the Member for Bury St Edmunds and look forward to listening to the Minister’s response.