Robbie Moore
Main Page: Robbie Moore (Conservative - Keighley and Ilkley)Department Debates - View all Robbie Moore's debates with the Ministry of Justice
(1 day, 12 hours ago)
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I beg to move,
That this House has considered e-petition 756036 relating to access to court and tribunal transcripts.
It is a pleasure to serve under your chairmanship, Mr Pritchard, and a privilege to introduce this important debate on behalf of the Petitions Committee. I put on record my thanks to Daniel ShenSmith for creating the petition, and to Dr Natalie Byrom, Adam Wren and Fiona Goddard, whose insights on this issue have proved invaluable to me in preparation for the debate.
The petition seeks to make it a legal obligation for all courts and tribunals to make transcripts available free of change. Currently, in both civil and criminal cases an application for transcripts may be made for all or part of a hearing, with such an application generally requiring the payment of a fee. However, there are circumstances where parties can appeal for the cost of the fee for transcripts to be paid at public expense. For that to happen, the court must be satisfied that the requesting party qualifies for free remission, or is otherwise in such poor financial circumstance that the cost of obtaining a transcript would be an excessive burden, and satisfied that it is necessary in the interests of justice for such a transcript to be obtained.
That brings me to the key question that the petition seeks to address: does Parliament think that access to records of court proceedings should be treated as a public good? The petition has over 200,000 signatures from members of the public, so this is clearly an issue that has struck a chord with many of our constituents. The problem is that the current system is not fit for purpose. It undermines transparency and disproportionately affects the aspiration of a court to protect victims, bereaved families, and those who are wrongly accused or seeking to challenge injustice.
Let us concentrate on how unfit for purpose the system is. His Majesty’s Courts and Tribunals Service commissions transcription services through a procurement framework: a pre-approved panel of private suppliers established via a competitive tender. The current framework was awarded in June 2023 and runs until June 2027. Under that model, HMCTS pays suppliers for the transcripts that it requires for court purposes. The transcription company is responsible for any anonymisation that may be required and for applying any reporting restrictions that are in place.
When a member of the public requests a transcript, however, they must make a request to the court in which the hearing took place and pay the transcription company directly at commercial rates. If the hearing has already been transcribed for HMCTS or another member of the public, a lower copy rate will apply. If a member of the public wants a transcript of court or tribunal proceedings, they must complete a lengthy form and pay the court the cost of the transcript. The cost will be determined by the length of the transcript, with transcription companies charging per block of 72 words. More complex cases will have longer transcripts and therefore costs will be much higher.
Only a handful of transcription companies are part of the tender process and each is attached to a particular court on a geographical basis, creating a monopoly with no competition. That only drives up prices. There are accounts of people being quoted up to £50,000 for the release of these important documents. The Government’s website promises that those who apply for a free transcript will hear back within 20 days of submitting a request. If they are not eligible, they will be invited to apply for all or part of the transcript and to pay for it at a commercial rate. The judge assigned to the court case must give approval for the transcripts to be released in the first place. That approval alone can add weeks, if not months, to the process.
That is a significant problem for the groups who need to receive the most protection—victims or, in cases in which the victim has died, their families. That is because the court judge might rule otherwise and rule against a request that has been put in place, quite rightly, by victims or survivors, who want to understand the true, underlying reasons behind a jury making a decision or that were part of the court process writ large.
In the spirit of cross-party consensus, I commend both the hon. Member on securing this debate and the hon. Member for Richmond Park (Sarah Olney) on her campaigning work in this area. Does he agree that for victims it is vital that they have agency within the court process as a complainant, and that following a court or tribunal case there is transparency for them, regardless of the verdict in their case, so that they can understand the decision and seek closure after the process has concluded?
I wholeheartedly agree with the hon. Member. For a witness or a victim or survivor of a crime who has gone through a lengthy court process to then have to pay what is sometimes a huge cost for the transcript of those proceedings to be made available to them is deeply unfair. A victim or a witness participates in only part of the court proceeding and is therefore unable to fully understand the complexities of the case or the contributions to it that other witnesses may have made. They are able to gain a full understanding of it only once the full transcript has been made available to them.
That brings me to a key point, which is that the unduly lenient licensing scheme means that victims and victims’ families have just 28 days to appeal the sentences of their abusers. Having court transcripts is a vital part of the appeal process, so the current system creates another huge barrier to justice for victims and their families, because it might only be once they have looked at the transcript that they decide to appeal to the Attorney General against an unduly lenient sentence.
Another significant reason for delays is the technology being used to record and produce these transcripts, because some courtrooms are still using tape recorders to produce transcripts. The need to create a justice system fit for the digital age is not a new one. A 2022 report by the Justice Committee described the situation on court transcripts as unsatisfactory and recommended that HMCTS should explore whether greater use of technology, such as AI-powered transcription, could be piloted to establish whether it can be used to reduce the cost of producing court transcripts.
I almost wanted to have a bet on who would mention AI first in this debate. AI is always said to be the solution, but for once it might be. Everything that the hon. Member is saying about the system of transcripts—that it is anachronistic, lacking in transparency, costly and baroque—is absolutely right. We must move towards greater transparency. Magistrates courts currently do not have recording at all, although they will have to after the Courts and Tribunals Bill is passed. The solution has to be to do this work stage by stage, and AI will be very important in that process.
My response to the hon. Gentleman’s points is that AI is a technology that exists. It is rolling out and therefore, as recommended by the Justice Committee, it should absolutely be looked at by the Government, in order to make sure that court transcripts can be made available, ultimately—ideally—free of charge to the public. I will go on to build the case that that is actually in the interests of the public good, from a transparency point of view.
I now turn to victims. I have been lucky enough to meet many victims as part of the outreach process to prepare for this debate. Ultimately, they are at the heart of this issue. It is a sad situation, but in this country we have a judicial system that fundamentally disempowers victims instead of empowering them.
Fiona Goddard is a woman I have worked with for several years. She is a champion of victims, who has tirelessly campaigned for the victims of grooming gangs. Fiona spent years being abused by a grooming gang in Bradford. When her case was finally brought to court, there were over 100 witness statements that she was not aware of. Therefore, she went on to say that her contribution was literally only part of her own story, despite the fact that she was the victim and witness in her own case. That is a common theme in experiences throughout the judicial system; witnesses will see and contribute to only part of their case and will not be aware of the full extent of all the contributions.
Another case reported by the BBC involved a woman from Berkshire who, as a victim, endured a seven-week trial. The accused was cleared of rape and the victim was told that securing transcripts for the whole trial would cost more than £30,000. She said:
“The entirety of my sexual violence trial hinged around me. There are five weeks of material that debate me”.
She said the material dealt with the details of her case, including her words and experience, and her levels of anxiety increased. She said:
“I waited five years for justice and I leave the system mystified as to what happened”.
Another case was previously brought to this House by the hon. Member for Richmond Park (Sarah Olney)—I commend her for all her work in this space and for bringing many cases to the House. She spoke of her constituent who was drugged and raped in her sleep by her former partner, and was then forced to wait two years for her case to be heard in court. Her attacker was finally convicted, but due to trauma and emotional distress she can understandably barely remember what was said in the courtroom. She was left so traumatised by the trial that her therapist advised her to apply for transcripts of the proceedings to aid her healing. The application for a free copy was denied and she was quoted a fee of £7,500 by a tender company for them.
I completely agree with the hon. Gentleman’s points, and those of the victims whose voices he is bringing to the fore. Does he agree that both the proposals by the Government and the amendment to the Victims and Courts Bill that was agreed to in the other place, which says that victims will have the right to access a transcript of the judge’s route to verdict, are inadequate? That is not a transcript of the full case and, as the hon. Gentleman said, it is important for victims of crime to be able to work through—with therapists or other support—the full details of what happened when they were not present in the courtroom, during what was, as he also rightly said, their case. Access to full transcripts would re-empower victims to get closure after the event.
I absolutely agree. The amendments in the other place and the aspirations of the Government do not go anywhere near achieving the transparency associated with the full transcripts being made available, free of charge, to any victim, survivor or witness, should they wish to get clarity around the court cases that they have been involved in.
My hon. Friend is making an excellent speech. I fully support the case that he is making for full transparency, but in the spirit of “I’ll start by starting”, he touched on witness statements that would have been prepared beforehand but were still not available. If the Minister accepts the principle around greater transparency, does my hon. Friend agree that certain aspects could immediately be made much more available, while some of the other technical discussions are taken in parallel?
I agree with my right hon. Friend. If a victim has gone through a challenging court case, having immediate access to some of the witness statements and contributions that were made during the court proceedings —which can happen without difficulty, following a judge’s ruling—will potentially enable that victim to properly seek closure regarding the sentence that has been given. Probably more importantly, if they wish to challenge that sentence—and currently, under the unduly lenient sentence scheme, they must do so within a 28-day period—being able to look at the transcripts, albeit only what can be released in the short term, could provide them with the opportunity to do so.
James Naish (Rushcliffe) (Lab)
Clearly, we are talking about having access to accurate court transcripts. I have been contacted by a couple of constituents who work as registered public service interpreters. They feel that the current system is very patchy and that the quality of interpretation services is not good enough. Indeed, someone can still act as an interpreter in the system without professional or vocational training. Does the hon. Member agree that we must raise standards and ensure that there is a strong supply of level 6 qualified interpreters to support people in getting access to the transcripts we are discussing?
I absolutely agree with the hon. Member’s points. They were some of the key ones picked up in the Justice Committee’s report, because they not only advocated for better use of technology but argued that there was a skill challenge among the various courts. That feeds back into the issue’s narrative: when the tender was given back in June 2023, it was geographically based, and once that tender was locked in, it was very difficult to alter it, despite challenge, our raising it in the House of Commons, and a petition coming down the line with more than 200,000 signatures. So I would like put the hon. Member’s points directly to the Minister.
Order. The hon. Gentleman can give way, but the hon. Member for Strangford knows, because he has been here a very long time, that it is courtesy and a convention of the House to be in the Chamber at the start of somebody’s speech before trying to intervene—I think he came in some minutes after the beginning of the speech. It is entirely up to the hon. Member for Keighley and Ilkley, but that is the usual courtesy.
I thank the hon. Gentleman for introducing the debate; he is absolutely right to underline these issues. He has given a number of examples of where the process has fallen down because evidence could not get to the victim—I always focus on victims, as I know he does. Is he aware of any cases or examples where, because of not being able to get the evidence, and the victim not being able to ascertain all the necessary information, cases have fallen and justice has not been delivered?
The hon. Member makes an excellent point. Those points were not put to me in the outreach I have done, but based on the narrative and level of concern about transparency and reassurance, there could be examples of that out there. I suspect that is why more than 200,000 people have signed the petition and feel so strongly that this should be brought directly to the Minister’s attention, so that we can give better clarity and reassurance to many victims and survivors who have been through horrendous court cases.
Victims should, and must, be at the heart of the justice system, yet time and again they are made to feel completely disregarded—like an inconvenience, as some victims have put it to me. The feeling among victims I have spoken to is that trust needs to be rebuilt, and that is partly done through increasing transparency.
This is a timely debate: the Courts and Tribunals Bill, which represents the most significant reform to the criminal procedure in decades, is making its way through Parliament. It will abolish jury trials for crimes likely to carry a sentence of fewer than three years, but the Institute for Government has warned that judge-only trials risk damage to public confidence in a criminal justice system. The Bar Council chair has cautioned directly that the reforms
“compromise public trust and confidence.”
In addition, local media is facing unprecedented pressure —gone are the days when each paper had a local court reporter to sit in on court proceedings. Despite the Government’s recently announced local media action plan, investing in local news while maintaining cost barriers to court transcripts is directly contradictory. Without affordable access to clear records of what is said in court, local journalists cannot hold the justice system to account or ensure that accurate information is shared with the public.
What can be done to increase transparency and trust in the justice system? Increased access to court and tribunal transcripts will absolutely be part of that, hence the nature of this debate. I acknowledge that some progress is being made towards greater availability of court transcripts. The previous Conservative Government launched a pilot scheme that enabled victims of serious sexual assault to request a free copy of the sentencing remarks, and that pilot was extended by the previous Government last year. More recently, following pressure from the Conservative Opposition, who tabled amendments during proceedings on the Sentencing Act 2026 and the Victims and Courts Bill, the Government agreed to expand free access to Crown court sentencing remarks to all victims, but disappointingly, they confirmed that they had no plans to do so in magistrates courts.
There are several legitimate options for increasing transparency through access to court and tribunal transcripts. To start with, HMCTS could absorb the cost by paying suppliers for public request transcripts rather than passing the costs on to individuals. A central transcript repository could also be created, which would require transcripts already produced to be held in a central system, such as the National Archives. The current tender process is locked in until 2027, but it is essential that a public access requirement is built into the next framework tender from the outset. The Government could also dedicate parliamentary time to producing legislation that would place a statutory duty on courts to provide transcripts, with funding flowing down into procurement requirements.
Having spoken to others in preparing for this debate, I also encourage the Government to relaunch the senior data governance panel, which was set up by the previous Conservative Government to provide independent expert advice on the use of justice data across courts and tribunals. I understand, however, that that has not been taken forward, much to the annoyance of many involved in the process.
I remind Members that this petition has more than 200,000 signatures from across the country. The issue clearly demands time and good debate, which I am sure we will have. Whatever views the public and Members have on this petition, we clearly have a justice system that is stuck in the past and becoming less transparent, and which makes the victims that it exists to serve feel the least important of all.
I come back to the overarching question put forward by the petition: does Parliament think that court and tribunal transcripts should be treated as a public good? When I think of the cases I have outlined, and particularly of a quote from Fiona Goddard, who described the current system as just another
“way in which the victim is treated like the least important person”
in the judicial system, I think the answer is most definitely yes. It is in the interest of the public to make sure that these transcripts are free to access for all.
Jake Richards
The right hon. Member says that we cannot let perfection be the enemy of the good, but he no doubt understands that it is paramount that court transcripts are perfect. I will come on to his other points, but I know he accepts that this not quite as straightforward as transcribing other public meetings with the technology we have today and turning them into written documents. Perhaps more can be done with regard to witness statements that appear in the trial as evidence in chief and are not challenged. I am happy to look into that and speak with the Minister for Courts and Legal Services, but it may be an issue for the judiciary, the Crown Prosecution Service or the victim care service.
As I said at the outset, one of my concerns when I deal with the criminal justice system and victims from all those angles—from court transcripts, which have been raised, to the unduly lenient sentence scheme, through which I meet victims all the time—is that there is a problem, culturally and systemically, with how victims are not at the heart of the system and the process. I have fears when it comes to the issue of whether more can be done as a trial is developing, or after it, to ensure that the victim understands what is happening and gets the information that they need. Where it is possible, safe and legal, I have no doubt that more can be done; it may not be as easy as flicking a switch at 102 Petty France, but I am sure that more can be done.
I am somewhat wary of the suggestion from the right hon. Member for North East Cambridgeshire (Steve Barclay) about recordings. We need to be very careful about how we use recordings of criminal proceedings, whether audio or visual. He will no doubt be aware of the sensitivity, but perhaps more can be done. I can take away his suggestion, which is a more manual mechanism for ensuring that victims know and understand what has happened at the criminal trial.
From spring next year, the Government will go further: as has been said, victims will be entitled to be provided with free transcripts of Crown Court sentencing remarks relevant to their case. That is an important extension that will make a meaningful difference to victims’ understanding of the outcomes of their case. As was raised by the hon. Member for Keighley and Ilkley and by almost every contributor to the debate, the interplay with the ULS scheme is clear. That scheme is being considered as part of legislation going through Parliament at the moment. The interplay between the provision of the transcript and ensuring that the ULS scheme works for victims is at the forefront of my mind and that of the Minister for Victims.
In the Government’s response to the petition, they said quite rightly that by spring 2027 they would expand free access to Crown Court sentencing remarks and that transcripts would be made available to anyone who wishes to utilise the ULS scheme within the timeframe that the scheme provides. As that is 28 days at the moment, can the Minister provide some reassurance as to how the Government will ensure that that level of information is provided within the timeframe? Are the Government looking, as I would wish, at expanding the period for appeal beyond 28 days, which is far too short?
Jake Richards
As I say, and as the hon. Member will appreciate, the interplay between the ULS scheme and the provision of transcripts of sentencing remarks is at the heart of our consideration during the passage through Parliament of the Victim and Courts Bill. Parliament is seized of the issue of the ULS scheme. I completely understand the desire to expand the time limit. We have spoken to victims’ groups and victims who have suggested alternatives, or who are potentially not even in favour. We have to get it right. Watch this space, if I can say that at this stage.
In the magistrates courts, we are making meaningful progress on the recording of hearings. As part of wider reform of the criminal courts’ trial and sentencing proceedings, magistrates courts will now be recorded. That will strengthen transparency and support the accurate production of transcripts when required.
In civil proceedings, parties often do not need to pay for written judgments or orders in their own cases. Those are provided as a matter of course so that litigants can understand the basis of the court’s decision and can consider any next steps, including appeal. While a fee is generally payable for the full transcript of the case, a party can apply to the court to obtain it at public expense. The court can order this when satisfied that it is justified by the financial circumstances of the party and is in the interests of justice.
In the family courts, most proceedings are heard in private. This is to protect the children’s welfare and families’ privacy. Even so, progress is being made to increase transparency, while remaining committed to keeping children and vulnerable individuals safe. Family courts are not usually at the forefront of our mind when we talk about the issue, because they often sit in private, but for many families, particularly in public family law proceedings, the transcript of any fact finding or any final hearing regarding the future of a child can be pivotal to the future care of that child, and indeed to the parents in any appeals or routes to having children returned to their care.
The Government have worked closely with the judiciary to support an increase in the publication of anonymised judgments for family proceedings, which enable the public better to understand the decision making, while ensuring that privacy is protected. Even where family proceedings are heard in private, journalists and legal bloggers can attend most types of hearing. Now, following procedural changes, family courts are encouraged to make orders setting out what information from the hearings can be disclosed publicly. That marks a substantial development in transparency in family proceedings, balancing clarity about what can be reported with the need to protect those involved. We are working with Baroness Levitt and the Family Procedure Rule Committee to review the current rules of court relating to the sharing of information from family cases, to ensure that the rules are justified and proportionate.
Tribunals, which are also covered in the petition, play a vital role in resolving disputes across many areas of daily life. Across many chambers of the first tier and upper tribunals, parties can request fuller written reasons at no additional cost. Tribunals therefore already provide substantial written explanation without a fee.
In the immigration and asylum chamber, the upper tribunal already publishes its decisions, and the Government are working with the judiciary and HMCTS to understand the arrangements required to deliver this in the first-tier tribunal. That involves careful consideration of operational capacity, safeguarding and the significant volume of personal data involved. This work is ongoing and reflects our commitment to increasing transparency and delivering open justice.
To go significantly further at this stage, by extending free provision to every transcript across every jurisdiction, would place substantial operational and financial pressures on the Department at a time when we are rightly focused on implementing the extension of free sentencing remarks and a once-in-a-generation reform in our criminal courts.
Looking to the future, however, the Government are embracing the possibilities that new technology brings. Advances in AI transcription could allow for faster and more cost-effective production of court and tribunal transcripts, while maintaining accuracy and safeguarding. Working with the judiciary, the Government will continue to look at how we can go further and faster in this area. It is essential, however, that any such system meet stringent standards and ensure that reporting restrictions are adhered to and personal data is protected.
In conclusion, I reiterate the Government’s firm commitment to open justice. We have already taken significant steps to strengthen transparency across the system, and we will continue to build on that progress, but in doing so it is imperative that we protect individuals, recognise practical and financial constraints and ensure that the justice system can run smoothly and effectively. I thank the hon. Member for Keighley and Ilkley again for opening this debate and all hon. Members who have contributed. I look forward to continuing to work together to ensure that our justice system remains open, fair and trusted by all who rely on it.
On behalf of the Petitions Committee and the more than 200,000 signatories to the petition, may I thank all hon. Members for their engagement? We have demonstrated clearly to the Minister that there is consensus in all parts of the House: we all wish to see transcripts provided free of charge for victims, for witnesses and, indeed, for anyone who wishes to apply, to build better trust and better transparency in the process. All hon. Members have a vote on the issue, potentially this Wednesday, so it will be interesting to see how the Government instruct their Members to vote.
I turn briefly to the Minister’s response. He was articulate in his delivery, but it feels as if there is an issue with the system stalling. Dare I say it, while I give the Minister the benefit of the doubt in his aspirations to unblock the system, I would like to understand more clearly the point he made about the judiciary being responsible and the engagement the Government have to have with it. Who in the judiciary are the Government having that level of correspondence and communication with? Perhaps the Minister could write to the Petitions Committee with his understanding of who the individual is, so that petitioners and Members of Parliament know who they need to engage with to unlock the situation, for the good of all those who signed the petition and all Members across the House who have brought their concerns to the Minister today.
Question put and agreed to.
Resolved,
That this House has considered e-petition 756036 relating to access to court and tribunal transcripts.