Court Closures

Lord Benyon Excerpts

Thursday 24th March 2016 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I beg to move,

That this House acknowledges the need for some underused courts and tribunals to close; notes the detrimental effect that too many court closures will have on access to justice for vulnerable families and individuals particularly in rural areas where public transport is less reliable; further notes with concern the effect these closures will have on the experienced and dedicated staff working in the 86 courts and tribunals; and calls on the Government to acknowledge the concerns of staff, magistrates and third sector organisations who highlighted numerous flaws in the consultation document, to think again on some of these closures and acknowledge the importance of access to local justice.

I am grateful to the Backbench Business Committee for allocating time for this debate. I requested such a debate, with the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) and other Members from across the House, for a number of reasons: first, because of the scale of the court closure programme, with 86 courts and tribunals closing, compounded by the closures during the last Parliament, when 146 courts closed; secondly, because of the level of concern expressed by colleagues across the House about the implications of the closure programme for access to justice, and a number of flaws within the consultation process that provided the basis for the closure programme; and thirdly, because the closures were announced in a written ministerial statement on the last sitting day before the February recess. I feel strongly that both the scale of the closure programme and its implications mean that the announcement should have been made in the House, and that colleagues should have had the opportunity to raise issues on behalf of their constituents, and ask questions about the planned closures and their impact at the time that the announcement was made. I am pleased that we will have the opportunity to do so today.

Courts have a very wide range of different users. If we consider the hierarchy of Crown courts, county courts, magistrates courts, youth courts, family courts and tribunals, we can see that the people who need to access the courts include jurors, magistrates, victims and witnesses, families in the process of breaking up, a range of public sector staff—those working directly at the courts, but also those bringing cases and acting as witnesses—members of the judiciary, and individuals facing trial. It is easy to think of those accessing our courts primarily as suspected criminals, but our courts are in reality a vital public service, reaching a very wide range of people in their scope, and it is important that we remember that as we debate the closure programme.

[Richard Benyon (Newbury) (Con)]

If civic areas are to lose their courts as a result of this decision, does the hon. Lady agree that proper provision needs to be made, not least for video conferencing for people giving evidence? For example, local newspapers should be able to send a journalist on a particular day so that its readers cannot only be told where crimes take place, but hear about convictions, because justice must be seen to be done as much as actually done.

--- Later in debate ---

[Helen Hayes]

The hon. Gentleman makes an excellent point about the long tradition in this country involving the justice system and the locality it serves.

I will turn to some of the specific concerns that have been raised about the consequences of the closures. The first is the straightforward issue of physical access to a court building for those who need to attend court either for a court hearing or to instigate an administrative procedure, such as applying in person for a stay of eviction. The Government response to the consultation says:

“It will still be the case that…97% of citizens will be able to reach their required court within an hour by car.”

This statement is simply not true. The data on which the Government response is based relate to the travel time between court buildings, not the travel time from residents’ homes to what will now be their closest court. On the basis of these data, residents who currently live within an hour of an existing court may now have to travel a further hour beyond that court to access their nearest court. It is time for the Government to undertake and publish an analysis of the physical accessibility of courts in terms of the journey times faced by residents on a postcode basis, not from court to court, so that the impact of the closures plan can be properly understood and scrutinised.

The second problem with the travel time data is that they rely too much on the private car as a mode of transport. Only half of households on low incomes own a car. Many of my constituents who have to attend court in relation to issues such as housing evictions are on low incomes, and the same is true across the country. The response to the consultation does not consider in any detail the accessibility of courts and tribunals by public transport, or accessibility by bus, which is often the only mode of transport that residents on lower incomes can afford, even where faster routes are available. I have looked at the travel times that residents from parts of my constituency—for example, a victim of domestic violence—will experience after Lambeth county court closes and they have to travel to Wandsworth, where some of the services will be provided. Many of those residents will face a journey of at least an hour each way by bus, and in the worst-case scenario, a four-hour round trip. That is in London, which has the best public transport network of any city in the UK. Colleagues who represent rural constituencies tell me that in some cases the journey times that their constituents will face are such that it will not be possible to travel to court and back in a single day, further adding to the costs of accessing justice.

[Richard Benyon]

The hon. Lady makes a powerful point that will resonate with people in a lot of villages in my constituency. The Library document states that just 15% of people in my constituency will be able to reach court by public transport in one hour, and that is of great concern for those who have the trauma of having to give evidence after a crime has been committed against them.

[Helen Hayes]

The hon. Gentleman’s powerful point illustrates my argument.

The Law Society has raised serious concerns about the effects that longer, more expensive journey times will have on the justice system for jurors. They will be more likely to find justifiable reasons to postpone their jury service, and Her Majesty’s Courts and Tribunal Service will have to pay additional costs to compensate them for additional travel costs. The changes will also affect witnesses, many of whom already require a good deal of persuasion and support to attend court, and vulnerable residents who are being taken to court in circumstances where life is already stressful. Such people might find it extremely difficult to make it to court and, as a consequence, to have a fair hearing, because they are not there in person to explain their circumstances.