Judicial Pensions
Robert Buckland Excerpts(3 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I am today publishing the Government response to two consultation documents on judicial pensions which my Department launched, and which I presented to this House, on 16 July 2020:
(i) in “Judicial pensions: proposed response to McCloud” we outlined our proposals for addressing the unlawful age discrimination identified in the McCloud litigation in respect of the 2015 reforms of the judicial pension scheme; and
(ii) in “Proposals for a reformed judicial pension scheme” we set out our plans for reforming the judicial pension scheme with the aim of addressing the serious problems of judicial recruitment and retention that had been identified by the Senior Salaries Review Body.
Both consultations closed to responses on 16 October 2020, and we have taken the time to give very careful thought to the responses we received. We are currently finalising our response to a further consultation on the judicial mandatory retirement age, which we will be publishing in due course.
Addressing the discrimination identified in the McCloud litigation
In our consultation on the McCloud litigation, we sought views on both the scope and shape of our proposals for addressing the discrimination identified in the case, in which it was held that the 2015 judicial pension reforms unlawfully discriminated against younger judges.
In the light of the responses we received, the Government response to the consultation confirms that, subject to parliamentary time and approval of the necessary legislation, the Ministry of Justice will run an options exercise in 2022 for non-claimant judges in scope of McCloud. This will enable eligible judges to choose, retrospectively, whether to have accrued benefits in the 2015 pension scheme or the legacy scheme from 1 April 2015. Membership of the chosen scheme will end when the reformed judicial pension scheme comes into effect, following which all judges will join the new pension scheme.
The response document is available online at:
https://www.gov.uk/government/consultations/consultation-on-the-proposed-response-to-mccloud
Reforming the judicial pension scheme
The majority of responses we received to “Proposals for a reformed judicial pension scheme” were positive and acknowledged that our proposed reforms would make a significant contribution to resolving recruitment and retention issues.
In response to some concerns that were raised about our proposal to introduce a uniform member contribution rate, we have decided to give judges the temporary option of reducing their contributions to the scheme in return for a commensurate reduction in the accrual rate.
Save for the addition of this new feature, we will implement the reformed scheme in line with the proposals set out in the consultation document we published last July, subject to the necessary parliamentary approval.
The response document is available online at:
https://www.gov.uk/government/consultations/consultation-on-a-reformed-judicial-pension-scheme
Reform of the judicial pension scheme has been a personal priority of mine as Lord Chancellor, and I am pleased that we are in a position to progress a reform package that will resolve the serious recruitment and retention problems facing the judiciary. It is vital that we continue to attract and retain high-calibre judges, thereby securing the proper functioning of our justice system and supporting the UK’s wider prosperity.
The aim, subject to parliamentary time allowing the necessary legislation to be passed, is to implement the reformed scheme in April 2022.
The two consultation response documents have been placed in the Library of the House.
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National Preventive Mechanism
Robert Buckland Excerpts(3 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The United Nations optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment (OPCAT), which the UK ratified in December 2003, requires states parties to establish a “national preventive mechanism” (NPM) to carry out visits to places of detention to prevent torture and other cruel, inhuman or degrading treatment or punishment.
The Government established the UK NPM in March 2009 (Hansard 31 March 2009, Vol. 490, Part No. 57, Column 56WS). The UK NPM is currently composed of 21 scrutiny bodies covering the whole of the UK.
Following previous practice, I have presented to Parliament the 11th NPM’s annual report (Command Paper 366). This report covers the period from 1 April 2019 to 31 March 2020.
I again commend the important work that the NPM has carried out over the year and the NPM’s independent role in safeguarding the human rights of detainees across the UK and its role in preventing torture and inhuman and degrading treatment. The Government takes allegations of torture and cruel, inhuman or degrading treatment very seriously and any allegations are investigated fully. The Government do not participate in, solicit, encourage or condone the use of torture for any purpose.
The NPM report includes observations in relation to prisons, mental health detention and social care, children in detention, immigration detention and police and court custody. Notably, the report sets out the NPM’s response to the covid-19 pandemic. Government action since the beginning of the pandemic has helped to limit the spread of the virus in prisons. With the country now in national lockdown to curb the spread of coronavirus, prisons have introduced tougher measures to help save lives and protect the NHS. These include routinely testing all staff as well as new prisoners so we can better protect our staff and isolate those who test positive even earlier, and rolling out of the vaccine to older prisoners, mirroring the community roll-out and beginning with those aged 80-plus this month, to protect the most vulnerable. This is in addition to the stringent safety measures already in place to protect staff, prisoners and children in custody, which Public Health England endorsed as being effective in limiting the spread of the virus, and ultimately in saving lives.
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Oral Answers to Questions
Robert Buckland Excerpts(3 years, 10 months ago)
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Angela Crawley (Lanark and Hamilton East) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government established the independent Human Rights Act review to examine the framework of the Act—how it is operating in practice and whether any change is required. The review will consider the approach taken by the domestic courts to the jurisprudence of the European Court of Human Rights, and it will also examine whether the Act currently strikes the correct balance between the roles of the courts, the Government and Parliament. It will then consider whether—and, if so, what—reforms might be justified. It will report back in the summer and its report will be published, as well as the Government’s response.
Angela Crawley [V]
Last week in the Joint Committee on Human Rights, Lord Neuberger pointed out that the Human Rights Act plays an important role in ensuring that people have access to justice and the means to protect their rights in court, and that the Act is even more vital as legal aid is squeezed. Does the Secretary of State agree with this statement, and does he recognise that removing human rights avenues at the same time as legal aid centres will reduce the ability of citizens to protect their human rights?
Robert Buckland
I agree with the noble Lord that the Act has played an important part in helping many applicants with important cases that have been brought before the courts. However, I can reassure the hon. Lady that the review is all about the framework of the Act itself, not about the scope of the convention rights that are scheduled within it, and the two issues should not be confused, either accidentally or intentionally.
Anne McLaughlin (Glasgow North East) (SNP) [V]
I would like to start by noting the focus and perspicacity with which my predecessor, my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), approached this role.
In my previous role as equalities spokesperson, I noted a change in narrative from those on the Government Benches, who had started to deny the existence of structural inequality based on, for example, race or disability. In my new role, I note that the same Government Members seem resistant to properly explaining the need for or aims of their review of the Human Rights Act. Are the two linked, and do this Government simply not recognise human rights and the need for robust legislation?
Robert Buckland
May I welcome the hon. Lady to her new role? I well remember working with her on the Investigatory Powers Bill in the 2015 Parliament. I will not dwell upon the internal grief of the Scottish National party; I will simply pay tribute to the hon. and learned Member for Edinburgh South West (Joanna Cherry), who always prosecuted her case with extreme perspicacity.
Let me reassure the hon. Lady in one word: no. They are not linked. As I have already said, this is not about the ambit of convention rights; it is a sensible and measured review of the mechanism that we have here domestically. It involves representatives from all corners of the United Kingdom, very much including Scotland. It has a balanced panel with a diversity of thought, and I am confident that it will produce robust and important recommendations.
Anne McLaughlin
I thank the right hon. and learned Gentleman for his answer and his welcome, but I am not the only one questioning this Government’s commitment, because the globally respected Human Rights Watch recently published a report stating that this UK Government showed a
“willingness to set aside human rights for the sake of political expediency and a worrying disdain for the rule of law.”
Is it wrong, and if so, can he offer any reason as to why it might have come to that conclusion?
Robert Buckland
Yes, it is totally wrong. In this Lord Chancellor, and indeed in every Minister, there is an absolute understanding and a deep respect for the rule of law, which underpins the United Kingdom Government’s approach internationally, representing a force for good in world affairs and underpinning what is a proud liberal democracy. I and my colleagues will stand up steadfastly for that, and we do so with confidence and clarity.
Craig Williams (Montgomeryshire) (Con)
Duncan Baker (North Norfolk) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The criminal justice system can struggle to meet the needs of those who live with serious mental health problems or conditions such as autism and learning disabilities or learning difficulties sometimes described as neurodivergent conditions. That is something we are determined to change. Last month, we announced landmark reforms to the Mental Health Act 1983 that will strengthen the role that our justice system plays in protecting the most vulnerable, enhancing vital checks and balances to ensure that patients’ rights and wishes are respected, and making sure that offenders with serious mental health problems can gain access to the care they need as quickly and as early as possible. At the same time, we commissioned an independent review to increase our understanding of neurodiversity in justice services, so that we can see what provision is available currently and how we can improve support in the future. A greater emphasis on specialist needs will enable us to build back a fairer and more effective criminal justice system.
Duncan Baker [V]
I would like to pay tribute to all the incredibly hard work that prison staff in my constituency at HMP Bure in North Norfolk have contended with over the pandemic. There have been some extraordinary dedicated staff working long hours with onerous duties as we fight the pandemic. Can my right hon. and learned Friend tell me, given the risks prison staff are facing, what assessment has been of vaccinating them as soon as possible?
Robert Buckland
I join my hon. Friend in his tribute to staff not only at HMP Bure but at every institution in the prison estate and the wider Her Majesty’s Prison and Probation Service community for the tireless work they have been doing since the outbreak of the pandemic.
My hon. Friend is right to point to the importance of vaccination. Already, prison staff who come within the existing criteria in wave one are being vaccinated in accordance with the Joint Committee on Vaccination and Immunisation advice. For the next phase, I am strongly and actively supporting the prioritisation of prison staff. My officials are working on that with the Department of Health and Social Care. The JCVI has already said that
“those involved in the justice system”
should be considered for prioritisation. I strongly agree.
Mr David Lammy (Tottenham) (Lab)
Cases of covid-19 are now getting out of control in our prisons. In December, there were 75 cases per 1,000 in prison compared to 46 in the wider community. There are 87 outbreaks, across an estate of 170, in prisons in England and Wales. There have been reports of prisoners who have tested positive for coronavirus leaving cells and being taken to court, putting all at risk. In December, the total number of deaths in prison throughout the whole pandemic spiked by 50% in just one month. Can the Secretary of State tell the House how many prisoners and prison staff died after being infected by the coronavirus in the month of January?
Robert Buckland
I will furnish those precise figures to the right hon. Gentleman when they are finally available, which will be very shortly. May I deal with the general points that he makes? It is important to note that an outbreak is defined as any number of cases in excess of two in our prisons. Every case is regrettable, but it is important to put this in context: at the moment, as I speak, two thirds of the prison estate either has no outbreaks at all or outbreaks of fewer than 10 cases. That is an important qualification. Clearly, as a result of testing, which we have ramped up right across the estate, we are able to identify more asymptomatic prisoners, and we test prisoners before they go to court. Nobody who presents with symptoms should be presented at court anyway.
This work has been impressive. The quarantine compartmentalisation work that the right hon. Gentleman knows about continues, and I am confident from my daily briefings with Her Majesty’s Prison and Probation Service that everything is being done to control outbreaks in our prisons. It is not right, with respect to him, to say that this is out of control in our prisons. That, frankly, is an insult to the hard work that staff are doing every day to contain covid-19.
Andrea Leadsom (South Northamptonshire) (Con)
Robert Buckland
I pay warm tribute to my right hon. Friend. Indeed, I met her recently in connection with her important work, which she has championed for many years. She will be glad to know that women on mother and baby units are supported by multidisciplinary teams to enable mothers to have the positive experience with their babies that she passionately believes in, and I share that belief. We still apply covid compassionate leave, the most recent release having taken place last month. There are individual care management plans for all pregnant women as well. We are in the process of a fundamental review of all policy here to make sure that we are getting it right for as many women as possible.
Janet Daby (Lewisham East) (Lab) [V]
Robert Buckland
The hon. Lady is right to raise the particular challenges facing women prisoners. There does seem to be a different effect of the current restrictions on women prisoners as opposed to the male estate. Sadly, we have seen rates of self-harm and, indeed, repeated self-harm from individual prisoners increase. I assure her that the female offender strategy that we launched two years ago is at the heart of our considerations. It is all about understanding why a lot of women not just self-harm, but end up in the custodial estate in the first place. We continue with work on that. More investment is coming, with the creation of secure centres. We will continue to look at ways in which we can reimagine and redesign how women are incarcerated. She will be glad to note that overall numbers in the custodial estate remain quite low compared with recent years as a result of covid and, indeed, the approach that the courts have been taking.
Dr James Davies (Vale of Clwyd) (Con) [V]
Robert Buckland
My hon. Friend is right to raise this issue. We have taken steps to minimise the risk from transfers. We allow only essential transfers—for example, where courts need to be served and justice must carry on. We have clear policies in place to define the need for essential transfers, and we have our compartmentalisation strategy, which means that new admissions to prisons are kept separate from the general population. We are testing new prisoners and, indeed, testing those being transferred between prisons to minimise the risk of spreading the virus.
Mike Hill (Hartlepool) (Lab) [V]
Robert Buckland
I am grateful to the hon. Gentleman for raising that important issue. He is right to talk about retail workers being on the frontline. He can be reassured that in relation to offences such as assault and other serious crimes well known to the law, the Sentencing Council has set out guidelines in which it specifically refers to people such as retail workers in an important public service position, which means that the courts should be increasing sentences and finding aggravating factors where shop workers have been the victims of crime. I think all of us in this House share the need to support our shop workers, particularly at this time of covid when they have done an outstanding service to us all.
Dr Luke Evans (Bosworth) (Con) [V]
Robert Buckland
My hon. Friend is quite right to highlight the particularly egregious nature of offences that are based either on the threatened spread of covid or on the abuse of trust that is inherent with anybody who purports to be a vaccinator but who tries to profit out of it. Having considered the matter carefully with my officials, I think that we have provisions within the Fraud Act 2006 that can cover a lot of the false representations that are being made. Indeed, there does not need to be a detriment proved as a result of the provisions of that Act. We also have other legislation. Any spitting, for example, is an assault and should be treated as such, and I note that a number of cases have been brought against the perpetrators of that appalling crime.
Rachel Hopkins (Luton South) (Lab) [V]
Robert Buckland
The hon. Lady is right to raise the position with regard to our outstanding prison officers. She can be reassured that as a result of the Chancellor’s announcement regarding the pay freeze, a lot of officers will receive the £250 rise next year, and there will be incremental increases to pay that are part of their current terms of employment. I hear what she says about the particular decision that we had to take. It was not an easy one. We are living in exceptional times, and I will continue to work as constructively as possible with the Prison Officers Association and other representative bodies to ensure not only that we reflect the need for support for our prison officers but that we retain as many of them as possible. It is not an easy balancing exercise. We did carry out the vast majority of the recommendations, but considering the times in which we live at the moment, that particular recommendation was not one we felt able to support at this time.
Antony Higginbotham (Burnley) (Con)
David Linden (Glasgow East) (SNP)
Robert Buckland
The hon. Gentleman makes a very reasonable point. I can assure him that the degree of partnership with the DWP is better than it has ever been, with work coaches in our prisons to support prisoners prior to their release, in the weeks and months beforehand. Indeed, we are working actively to make sure that if benefit is needed, for example, it can be available in loan form on release. Of course, on Friday we made a major announcement about accommodation for people who are released from prison. It is all part of an overall approach that involves a home, a job and a friend, and of course the benefits system is playing its part in helping to improve that provision.
Robert Halfon (Harlow) (Con) [V]
Zarah Sultana (Coventry South) (Lab) [V]
Robert Buckland
I am grateful to the hon. Lady, but she must not repeat the myth that covid is out of control in our prisons. It serves nobody’s interests, least of all those of staff who are working day and night to control it. She makes an important point about education. Clearly, in this lockdown we wanted to ensure that more education and skills training were available. That is absolutely right and everyone would support it. However, there is a problem with what she says because, of course, the passage of paper and other documents in and out of prison inherently poses a security risk. That is the reality we live in and it is therefore important that we balance the needs of prison security alongside the needs of prisoners to access education. I will look carefully at the point she makes, but I think she will understand that a sensitive balance has to be struck.
Robert Largan (High Peak) (Con)
Robert Buckland
My hon. Friend will understand that it is very important that proper calculations are made about prison capacity and that we do not end up in a position like that under the last Labour Government when we were having to use police cells to house prisoners, which was both expensive and, frankly, inhumane. He will know about and will welcome the huge commitment of £4 billion to deliver 18,000 additional prison places—modern places—across the estate by the middle of this decade. That additional space will allow us to do even more purposeful activity. On maintenance, we have committed £315 million next year—a huge increase on the previous capital settlement for maintenance—because we need to get on with ensuring that our current estate is decent, safe and secure.
Yvonne Fovargue (Makerfield) (Lab) [V]
Criminal Legal Aid: Independent Review
Robert Buckland Excerpts(3 years, 11 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Following the accelerated package of measures amending the criminal legal aid fee schemes announced in August, I announced that the next phase of the criminal legal aid review would involve an independently led review. On 21 December 2020, I published the terms of reference for that review, and announced via press notice that it would be chaired by Sir Christopher Bellamy QC. I am today following up that announcement.
The first phase of the criminal legal aid review has delivered up to £51 million to practitioners, and the independently led review will build on the data and insights collected so far. It will be far reaching in scope, assessing the criminal legal aid market in its entirety; the service being provided, how it is procured and how it is administered. It will develop and continue the original aims of the first phase of the criminal legal aid review.
Over the last few years, concerns have been raised about the long-term sustainability of criminal legal aid. Against this backdrop, and the impact of the covid-19 pandemic, it is important that we do what is necessary to ensure the criminal legal aid system is efficient, effective, and sustainable.
The ultimate objective for the criminal legal aid system is to provide legal advice and representation to those who need it, in line with my statutory duty to ensure legal aid is made available in order to ensure and uphold access to justice. This objective will provide the foundation for the review’s analysis and recommendations. The review will aim to ensure that defendants receive high-quality advice and representation from a diverse set of practitioners, both now and in the future, while also making sure that the criminal legal aid system is sustainable and provides value for money to the taxpayer and contributes to the efficiency and effectiveness of the criminal justice system. The themes and objectives of the review are outlined in detail in the terms of reference, which I have placed in the Library of the House.
The review will be chaired by Sir Christopher Bellamy QC. Sir Christopher is a former judge with a wealth of legal experience. He has recently stepped down as chairman of Linklaters global competition practice and joined Monckton Chambers to focus on mediation and arbitration. Sir Christopher will lead a dedicated review team within Government which will support him as he delivers the review’s recommendations.
I am working to establish an expert advisory panel as soon as possible who will provide support to the review by testing and challenging the review’s analysis and recommendations. The panel will be composed of individuals with a range of backgrounds, skills and experience that will aid the review in its analysis of the criminal legal aid system.
The review will report this year and the Ministry of Justice will aim to publish the report, alongside the Government’s response, by the end of 2021.
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Whiplash Reform Programme
Robert Buckland Excerpts(3 years, 11 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I would like to provide an update on the whiplash reform programme.
The Government remain firmly committed to the implementation of the necessary and proportionate measures set out in part 1 of the Civil Liability Act 2018 and the associated increase to the small claims track limit for road traffic accident-related personal injury claims.
In my written ministerial statement of 21 April 2020, I spoke of the effect and impact that the covid-19 pandemic has had on the medical, legal and insurance sectors and the action that Government were taking to ease the difficulties caused by the outbreak. This included delaying the implementation of the whiplash reform programme to April 2021 in order to enable key sectors of this country’s business to focus on delivering their response to covid-19. This pause also allowed the Government to focus resource on the priority delivery of key justice services during the pandemic.
Despite the challenges the pandemic has presented, the MOJ continues to work with the Civil Procedure Rules Committee to finalise the supporting rules and pre-action protocol. In addition, the MOJ’s delivery partner the Motor Insurers’ Bureau continues to make excellent progress on the build of the official injury claim service.
I do however acknowledge the challenges experienced by all this year in the face of the pandemic. I said at the time of my April statement that the Government will continue to monitor developments in relation to the current pandemic and will, if necessary, make further announcements in regard to the implementation of these important reforms. So we have listened carefully to the concerns raised by stakeholders, in particular the need for as much notice as possible to take the necessary steps in anticipation of these reforms and to prepare their businesses for the changes to how small road traffic personal injury claims are managed. We understand the importance of industry preparedness and, after consideration, it is for that reason we have decided to allow an additional short period of time to further accommodate this. As such, we will implement the whiplash reform programme in May 2021.
This is a sensible and pragmatic approach to take in order to achieve successful and effective implementation of the whiplash reform programme. Delivering these reforms remains a key Government priority and we will continue to work with stakeholders to ensure that all are sufficiently prepared for the new measures upon implementation.
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Judicial Conduct Investigations Office: Annual Report 2019–20
Robert Buckland Excerpts(4 years ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
With the concurrence of the Lord Chief Justice, I will today publish the 14th annual report of the Judicial Conduct Investigations Office (JCIO).
The JCIO supports the Lord Chief Justice and the Lord Chancellor in our joint statutory responsibility for judicial discipline.
The judiciary comprises approximately 22,000 individuals serving across a range of jurisdictions. Over the past year, the JCIO received 1,292 complaints against judicial office holders, and 42 investigations resulted in disciplinary action.
I have placed copies of the report in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies are also available online at: https:// judicialconduct.judiciary.gov.uk/reports-publications/
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Independent Review of Terrorist Supervision: Government Response
Robert Buckland Excerpts(4 years ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
In November last year, Usman Khan, a convicted terrorist being supervised in the community on licence and managed under the statutory multi-agency public protection arrangements (MAPPA), attacked and killed Jack Merritt and Saskia Jones at Fishmongers’ Hall, London Bridge. This was a terrible atrocity that understandably aroused significant public concern, and as part of our response to it, my right hon. Friend the Home Secretary and I commissioned a review into the effectiveness of MAPPA in the management of terrorist and other extremist offenders. We appointed Jonathan Hall QC, the Government’s independent reviewer of terrorism legislation, to undertake the review.
In his report, Jonathan Hall found that MAPPA is a well-established process and did not conclude that whole- sale change is necessary. However, he made important recommendations to enhance the statutory agencies’ capabilities in managing terrorist offenders under MAPPA. We published his report on 2 September and indicated that we would in due course provide him with a formal response to his recommendations. I can tell the House that the Home Secretary and I have today written to Jonathan Hall, setting out how we are implementing the key changes which he recommended.
I have placed a copy of our letter in the Library of the House.
The Counter-Terrorism and Sentencing Bill is introducing a number of changes which Jonathan Hall subsequently recommended, including giving judges the power to define crimes as terror-related, even if not terror offences as set out in law, and requiring high-risk terrorist offenders to undergo polygraph tests while on licence. We will legislate next year to introduce further powers for the police and probation service in line with Jonathan Hall’s recommendations.
The creation of a new national security division in the National Probation Service will mean there are twice as many probation staff dedicated to the supervision of terrorism-risk offenders and strengthen its work with police, prisons and the security services.
Keeping our communities safe is the Government’s first priority and we have made considerable investment in counter-terrorism. Our security services, police, prison and probation officers epitomise public duty and we hope that these new powers and ways of working will help them to further improve the tremendous, challenging work they do.
Recent atrocities in France and Austria have shown us that continued vigilance is needed to protect the United Kingdom from the scourge of terrorism and extremism. We believe that implementing agreed recommendations from Jonathan’s report will, alongside improvements already in progress by counter-terrorism police and the National Probation Service, strengthen the supervision of these dangerous offenders and give the statutory agencies the tools which they need to defeat those who threaten us and our way of life.
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Oral Answers to Questions
Robert Buckland Excerpts(4 years ago)
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Michael Fabricant (Lichfield) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
As set out in our manifesto, we are looking at the broader aspects of our constitution, including the relationship between the Government, Parliament and the courts. Our independent courts and legal system are respected around the world, and I would like to protect our world-class judiciary from being drawn into political matters. I am interested in reviewing the Constitutional Reform Act 2005, and I will update the House on arrangements in due course.
Michael Fabricant [V]
My right hon. and learned Friend will share with me—indeed, I suspect the whole House will share with me—the respect we have for our Supreme Court and its judgments. Nevertheless, it is called in from time to time to look at issues that are highly political and highly contentious. Does he not agree with me that we urgently need to establish some sort of framework so that we can decide precisely what the Supreme Court should be looking at and what issues are perhaps beyond or different from its remit?
Robert Buckland
I am grateful to my hon. Friend, and I understand the concern that he outlines. Of course, the Supreme Court does not of its own volition investigate matters. It hears cases and answers the questions before it on arguable points of law of general public importance. However, as I have already said, I think it is important that we look again at the balance. As a full-throated supporter of an institution that brings together the three jurisdictions of our United Kingdom, I want to make sure that its future is indeed a secure and a bright one.
Joanna Cherry (Edinburgh South West) (SNP)
The terms of reference for the Government’s review of the Human Rights Act 1998, which were announced yesterday, include the relationship between domestic courts and the European convention on human rights. But of course human rights themselves, as opposed to the Act, are not a reserved matter, and Scotland’s courts play an important role in supervising human rights protections under the Scotland Act 1998. So can the Lord Chancellor give me a cast-iron guarantee that the British Government are not planning to interfere with the competence of the Scottish Parliament in respect of human rights and the jurisdiction of Scotland’s separate legal system in enforcing human rights protections?
Robert Buckland
I am happy to assure the hon. and learned Lady that the terms of reference have been carefully couched to make it clear that we have distinctive contexts and natures in each of the jurisdictions, and that they will be considered where that is necessary. I am also content that where there are particular questions on devolved matters or of a devolved nature, the independent review will be approaching or inviting engagement from all appropriate parties. Of course, it is only the first stage in making recommendations. I can assure her that any proposals that will come forward will of course involve the fullest consultation with the devolved Administrations and, indeed, of course the fullest respect for the devolved settlement.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Can I welcome the tone of my right hon. and learned Friend’s statement and his very clear commitment to supporting the independence of the judiciary? That is an absolute and fundamental principle of our constitution, and should never be undermined by anyone. Can I also welcome the terms of reference of the review, which are balanced and measured in relation to the Human Rights Act and, in particular, the quality of the panel that has been appointed? I happen to have known Sir Peter Gross throughout my professional career, and he is known as both a man and a judge of the highest independence and integrity, as are the other members of the panel. Perhaps my right hon. and learned Friend can reassure us that they will have a completely free hand to act as they think is appropriate within the terms of reference, without any pressure on their independence from any quarter.
Robert Buckland
My hon. Friend the Chair of the Justice Committee is absolutely right to highlight the impeccable credentials of the chair, Sir Peter Gross, not only as a distinguished former Lord Justice of Appeal, but of course as the judge responsible for international relations: he understands very well the issue of judicial diplomacy, which is very much at the heart of this review. I am glad that the geographical representation also includes an academic from the Republic of Ireland, because it is my fundamental belief that we need to look at the position in all parts of our islands to respect not only the human rights settlement, but the Belfast agreement.
Mr David Lammy (Tottenham) (Lab)
The independent review of the Human Rights Act will have an enormous impact on the basic rights and freedoms that British citizens enjoy. The Government caused outrage by failing to publish submissions to the independent review of administrative law. Transparency and accountability are fundamental parts of our democracy. Will the Secretary of State guarantee that both the submissions to the human rights review and the review itself will be published in full?
Robert Buckland
I think perhaps the right hon. Gentleman is to be forgiven for his descent into hyperbole when it comes to the ambit of this review. It is all about the mechanism, and comments about fundamental rights being affected are way wide of the mark. First, with regard to the process in the review, it is a matter for the review as to what precise submissions it publishes, but I can assure him that the outcome of the review and the Government’s position will of course be published in full, so that he will be able and others will be able to digest it and we will be able to debate the matter.
Jeff Smith (Manchester, Withington) (Lab)
Wes Streeting (Ilford North) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
We have taken important action across the review recommendations. For the three recommendations specific to youth, we have promoted parental and community involvement in referral order panels and evaluated an update of the Youth Justice Board’s ethnic disproportionality toolkit. Beyond that, we have now ended automatic disclosure of youth cautions on criminal records. We have put equalities plans in all young offenders institutions and are piloting the Chance to Change alternative to charge, which was one of the recommendations of the review. However, there is no quick fix and more work will continue to be done.
Stephen Morgan
With fewer than half of the Lammy review’s recommendations having been enacted and with many others from many other reviews into deaths in custody still outstanding, what can the Secretary of State do to assure black, Asian and minority ethnic communities that the Government are not just dragging their feet on racial disparity in the justice system?
Robert Buckland
I can assure the hon. Gentleman that that is far from the case. Indeed, 16 recommendations have been completed. There are two recommendations that we did not take up, but of the 17 that are still in progress, we aim to complete 11 within six to 12 months. I am being told that the further six will take slightly longer. That is not good enough for me and I will be going back to my officials to make sure we make earlier progress. I can assure him that, as overall numbers go down in the youth estate, what concerns me is that we are still seeing a disproportionate number of BAME children being held in custody, even though the overall numbers are now dramatically fewer. There is clearly more work to be done on that front.
Sarah Owen
The Lammy review was published in 2017 and it said that racial inequality and unfairness runs rife throughout our country’s justice system. At that time, zero Supreme Court judges were black. That number is still zero. In fact, not a single Supreme Court judge is from a black, Asian and minority ethnic background. Why does the Secretary of State think that is and what are his Government doing to change it?
Robert Buckland
Like the hon. Lady, I want to see far more people from a diverse and BAME background in the senior judiciary. The truth is that the senior judiciary is often a product of the supply into the legal professions some 20 or more years ago, when we know things were not as promising when it comes to diversity as they are now at the Bar, in solicitors’ practices, or for legal executives and Government lawyers, for example. However, we cannot use that as an excuse, which is why I am working hard with the senior judiciary and the chair of the Judicial Appointments Commission, as part of the Judicial Diversity Forum. We are meeting again this week and in my convening role I am pushing all sides, the Bar Council and the Law Society, to come up with more plans and more engagement, so we can help and support BAME candidates ahead of any application processes to level that playing field.
Wes Streeting
In a 2020 update on progress against the Lammy review, the Secretary of State said:
“It is crucial, if everyone is to have confidence in our system, that the people working in it reflect the diversity of Britain today.”
Yet in written answers to my hon. Friend the Member for Hove (Peter Kyle), the Ministry of Justice confirms that there are zero BAME staff working for the Youth Justice Board outside London. What is the Secretary of State going to do to make sure the system reflects the communities those people are serving?
Robert Buckland
I am grateful to the hon. Gentleman. I know the new chair of the Youth Justice Board, Keith Fraser, will be particularly concerned about that figure. I reassure the hon. Gentleman that in many other areas we are seeing BAME representation higher than the national average. For example, there is an extremely encouraging figure for the probation service. I will look at that particular issue and discuss it with the chair of the YJB, because clearly he feels strongly about BAME issues and he will want to take appropriate action to see what we can do to improve that.
Peter Kyle (Hove) (Lab)
In 2016, 22% of kids sentenced were black and minority ethnic. Now, it is 27%. Some 41% of youth prisoners were black and minority ethnic. Now, it is over half. The proportion of black and minority ethnic young people subject to the use of force in youth prisons has gone up from 41% to 48% since the Lammy review. This Government have been in power for 10 years. It has been two years since the Lammy review. It is not that not enough progress has been made; things are going backwards. Why should anybody have faith that this lot can sort it out?
Robert Buckland
With respect to the hon. Gentleman, he is just wrong about that—totally wrong. In the last 10 years, there has been a fall of 83% in the number of children receiving a caution or a sentence, and last year there was a fall of 19%. That means in actual numbers of lives and families, the number of children and BAME children affected is reducing. I accept the point about disproportionality—I acknowledged it earlier—but it is a calumny to say that the Government are inactive or uninterested in the issue. We have made incredible progress in 10 years. The child population in our young offender institutions or other institutions is now down to about 500. That is a generational low, and he should pay tribute to the Government for presiding over such dramatic change.
Stephen Crabb (Preseli Pembrokeshire) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Justice is a vital public service and a cornerstone of our success as a society, which is why the Chancellor of the Exchequer announced huge investment in the system as part of his recent spending review. Part of that money will go towards the recovery and restoration of justice from the effects of covid-19, notably in the Crown courts, and to support victims as they make their difficult journeys through the system, including the family courts and tribunals. The spending review announced £105 million for the maintenance of courts and tribunals, and there was also £4 billion to build back better in the prison estate, with 18,000 additional places in the pipeline plan for the mid-2020s, helping us to deliver modern, green prisons that can be launching pads for rehabilitation. We are moving at pace with the first of our new prisons, HMP Five Wells, which is opening in 2022, while continuously increasing resources for the maintenance of our existing prison estate. This investment continues to deliver on the Government’s crime agenda, keeping the public safe, delivering a green revolution and bringing our prisons into the 21st century.
Andrew Gwynne
I thank the Justice Secretary for that, but judicial review is the only way in which the public can challenge the Government when they believe the Government have acted unlawfully. It is important that we keep that protection in place for the public to hold the Government to account, so will he commit today to fully publishing the independent review of administrative law?
Robert Buckland
I agree with the hon. Gentleman about the central importance of judicial review, and he will remember that that is set out in the terms of reference. The review will report shortly, the Government will respond and the whole documentation will be published. The question of submissions to the review is a matter for the review, but I assure him that the outcome will, of course, be published as part of the Government’s policy position in due course.
Greg Smith (Buckingham) (Con)
Robert Buckland
I am grateful to my hon. Friend. I know that he met my colleague the Minister of State for Prisons and Probation at the end of November to discuss the issue of the consultation. I know the site well, having visited both Grendon and Spring Hill, and I pay tribute to the staff and, indeed, to the community for supporting the prisons that exist in that part of his constituency. We are considering all comments and suggestions sent to us through the consultation before we submit any outline planning application. I can assure him that the local community will also have an opportunity to provide further feedback once a planning application is submitted. I am happy to extend the public consultation and my officials are in communication with the local council regarding that.
Joanna Cherry (Edinburgh South West) (SNP)
Back to the independent review of the Human Rights Act. The Lord Chancellor has said that, after 20 years, it is time to see whether the Act is working effectively, but the terms of reference do not actually contain any reference to an analysis of whether it is working effectively. Recently the Joint Committee on Human Rights found that most black people living in the United Kingdom believe that their human rights are not equally protected compared with those of white people. That is a shocking finding. Does not that finding alone justify a proper examination of whether the Act is working effectively and, if so, why is that not in the terms of reference?
Robert Buckland
The hon. and learned Lady knows that I gave evidence to the Committee of which she is a member about a week or so ago and acknowledged the important point made by the Committee. I think it was important for us to set up a very focused review as to the machinery of the Human Rights Act. It is not about the rights themselves; it is about the way in which they interact with our domestic law and the interplay, therefore looking in particular at sections 2, 3 and 4, for example, of the Human Rights Act. However, I am sure that these wider issues will become part of the debate as we see the recommendations come forward and as this place has an opportunity to play its part in those deliberations.
Damien Moore (Southport) (Con)
Robert Buckland
My hon. Friend can be reassured that the Courts and Tribunals Service is working daily to review its plans. I am sure that he will be glad to note that, in the magistrates courts, we are now exceeding receipts and we expect the position to return to pre-covid levels by about Easter time or the early summer. The position of the Crown court is more challenging, but the funding that we have obtained through the spending review will allow us to start dealing with the backlog. We also constantly review the social distancing measures. The current assumptions are that social distancing will apply until the end of June. If there is any progress on that front, clearly we will recalibrate, which will give us even more capacity.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Robert Buckland
The hon. Gentleman will be glad to note that, throughout this pandemic, the Ministry of Justice has funded accommodation support for people who otherwise would be released into rough sleeping and homelessness. Indeed, we are working on plans as result of the spending review to scale up and improve approved premises and the other type of accommodation that can house in an appropriate way people who are released from custody. I shall furnish the House with an update as soon as it is received, but he can be assured that we are working on this issue because we recognise the scale of the problem.
Imran Ahmad Khan (Wakefield) (Con)
Carolyn Harris (Swansea East) (Lab)
Robert Buckland
I pay tribute to the hon. Lady for her consistent and passionate campaigning on this important issue, which is an addiction for far too many people. As she knows, my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport will make a statement on gambling later, which I know she will broadly welcome. Of course, I will be happy to meet her and members of the APPG. Primarily, the Department for Digital, Culture, Media and Sport holds the brief on this issue, but no doubt there are wider criminal law ramifications on which I am happy to engage with her.
Gary Sambrook (Birmingham, Northfield) (Con)
Robert Buckland
My hon. Friend is right to raise an important issue that we undertook to get ready by the end of the year. I am confident that it will be ready by the end of the transition period to provide EU, EEA and European Free Trade Association citizens here in the UK with an additional layer of assurance that their rights will be safeguarded. We have had a dedicated project team in the Ministry working on that, and the IMA has taken up residence at headquarters in Swansea, my old stamping ground—with tribute to the hon. Member for Swansea East (Carolyn Harris).
Wendy Chamberlain (North East Fife) (LD)
Robert Buckland
It is important to note that, as a result of increased diagnosis and testing, we have been able to establish with greater certainty the number of prisoners who are symptomatic or asymptomatic. We were not able to do that in the first wave, so the true numbers of covid sufferers were probably not clear to us; they are much clearer now. With regard to vaccination, it is important that we prioritise those who are the most vulnerable and at risk of death or serious illness. That is why, as with the rest of the population, we will be inoculating the older part of the population and those who are vulnerable. That will inevitably include staff, on whom I place a very high premium, and some prisoners. We will continue to work with Public Health England and Public Health Wales to ensure that we bear down on covid in our prisons.
Theresa Villiers (Chipping Barnet) (Con)
Afzal Khan (Manchester, Gorton) (Lab) [V]
Robert Buckland
With respect to the hon. Gentleman, he perhaps misses the whole point of the judicial review—independent review—which is all about making sure that the current ambit of administrative law is in the right place, in the sense that we want to make sure that our judiciary are not brought in to a merit space or a political arena. As for individual cases, it is clearly stated in the terms of reference—and I will say it again—that the Government utterly support the right of citizens to challenge their actions or omissions by way of judicial review.
Selaine Saxby (North Devon) (Con)
Matt Western (Warwick and Leamington) (Lab)
Robert Buckland
The hon. Gentleman will be glad to know that both the Law Society and the Bar Council agree that this year’s settlement was encouraging. Of course, it is not the end of the story, and I have talked about us beginning to turn a corner. The good news in the magistrates courts is that receipts are now behind disposals, so we are dealing with the overall number of cases in the magistrates system. In the Crown court, we continue to scale up the number of trials being heard. In fact, in the past week or so, I have been looking at figures of effective trials, crack trials and trials that have been dealt with by way of a guilty plea: the numbers are now in the high 300s. We need to get that up, and I am confident that we can do that in the new year to return us to the pre-covid levels, and then work even harder.
Tim Loughton (East Worthing and Shoreham) (Con)
Martyn Day (Linlithgow and East Falkirk) (SNP) [V]
Robert Buckland
I am afraid the hon. Gentleman is wholly misinformed. That certainly is not my understanding of the negotiations, and he will forgive me if I say I am a little closer to them than he is. The review that we announced yesterday was about looking at the mechanism 20 years on—nothing to do with undermining or changing fundamental human rights. We believe in them. It was British Conservatives who wrote the convention, and I will always stand for and uphold the importance of the European convention on human rights.
Marco Longhi (Dudley North) (Con)
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
A third of prisoners transferring from HMP Altcourse to HMP Berwyn last month tested positive for covid. I understand that Berwyn has requested a stop to transfers. Will the Secretary of State agree to that request, considering the extreme concerns about community infection?
Robert Buckland
The hon. Lady knows that, since the beginning of this pandemic, we have taken unprecedented steps. All new arrivals in prison receptions are quarantined as part of our strategy of compartment- alisation. We are also now testing new arrivals at HMP Berwyn. That is an additional measure that allows us to identify positive cases early and put the right precautions around those individuals. It is with testing that we can improve the way in which we administer the prison system through this crisis.
Munira Wilson (Twickenham) (LD)
Ministers will be aware that the Children and Family Court Advisory and Support Service was already experiencing a workload crisis pre pandemic, which has only worsened through the lockdown. Although the Ministry of Justice has provided additional welcome short-term funding, do the Government have a longer-term strategy to ensure that CAFCASS can better retain staff and deliver a service that truly meets the needs of children and families?
Robert Buckland
The hon. Lady will be glad to know that an extra £3.4 million has been allocated to CAFCASS to help it through the crisis. Indeed, I take the point about long-term planning. In fact, we are looking wholesale at the way in which family cases are dealt with. The family harms report published this year was a no-holds barred analysis of what is wrong with the system, and both I and senior judiciary within the family division will do something about it.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.
Independent Human Rights Act Review
Robert Buckland Excerpts(4 years ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I am today announcing the creation of the independent Human Rights Act review. This review extends from our manifesto commitment and will take the form of an independent advisory panel which will provide the Government with options for updating the Human Rights Act (HRA). As Lord Chancellor, I am committed to upholding the UK’s stature on human rights. The UK contribution to human rights law is immense and founded in the common law tradition. We will continue to champion human rights both at home and abroad, and we remain committed to the European convention on human rights.
The HRA has been in force for 20 years, and therefore it is timely to undertake a review into its operation. The UK’s constitutional framework has always evolved incrementally over time, and it will continue evolving. We need to make sure that our human rights framework, as with the rest of our legal framework, develops and is refined to ensure it continues to meet the needs of the society it serves. The review will examine two key areas outlined in detail in the terms of reference, which will be deposited in the Libraries of each House. Broadly, the panel will consider the following themes:
The relationship between domestic courts and the European Court of Human Rights (ECtHR).
The impact of the HRA on the relationship between the judiciary, the executive and the legislature.
The examination of the Act will consider the approach taken by domestic courts to jurisprudence of the ECtHR, and whether the HRA currently strikes the correct balance between the roles of the courts, Government and Parliament.
As part of its work, the review will also examine the circumstances in which the HRA applies to acts of public authorities taking place outside the territory of the UK, with consideration of the implications of the current position, and whether there is a case for change. The review is limited to consideration of the HRA, which is a protected enactment under the devolution settlements.
It is my intention that the panel shall consider these questions independently, thoroughly, and put forward options for reform to be considered by myself. The panel will report back in summer 2021 and their report will be published, as will the Government’s response.
The following people will become members of the panel. They have been selected on the basis of their wealth of experience, coming from senior legal and academic backgrounds. They have the breadth and depth of expertise required to consider the issues highlighted within the terms of reference effectively. The panel members are:
Sir Peter Gross—Panel Chair
Simon Davis
Baroness O’Loan
Sir Stephen Laws, QC
Professor Tom Mullen
Professor Maria Cahill
Lisa Giovannetti, QC
Alan Bates
[HCWS625]
Courts and Tribunals: Recovery
Robert Buckland Excerpts(4 years ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
A well-functioning justice system is one of the cornerstones of a mature democracy such as ours. In fair and foul weather, it acts as an anchor for our success as a nation, keeping our citizens safe from harm, guaranteeing fairness in disputes and safeguarding freedoms in our society. It is precisely because of the vital role the system plays that the Government have done everything possible to support justice through the huge challenges posed by the coronavirus pandemic.
As Lord Chancellor, I have been mindful from the outset that justice must continue to be done and, in many instances, it simply cannot wait. In partnership with those who preside over and work in our courts and tribunals, as well as the public and the professionals who rely on and practise in them, my Department has worked at a rate of knots from the beginning of this crisis to keep the system moving, supporting the estate to maintain safety where physical proceedings were necessary and expanding the use of technology to enable many hearings to take place remotely.
As the House will recall, earlier this year I announced a major £142 million investment to support our courts and tribunals to speed up technological improvements and modernise their facilities, and in September, a further £83 million to make the estate covid-secure, recruit 1,600 additional staff and create more Nightingale courts, to add to the 10 that were already in operation.
This funding, the largest investment in justice for several decades, is enabling the system to turn a corner. As a result of the dedication of those who work in the system and this investment, the outstanding cases in magistrates courts have fallen dramatically, and we are now hearing more cases each week than are coming into the system. I pay tribute to the commitment of our magistracy and staff in achieving this. The Crown court is now hearing more cases each week than before the pandemic. The family court is on track to sit at a record number of days this year. To take just one aspect of its work, on average 150 domestic violence protection orders have been issued per week to keep victims and their children safe.
The investment in recovery rightly continues. My right hon. Friend the Chief Secretary to the Treasury last week approved a further investment of £30 million for this current financial year, which will allow us to open a further 40 Nightingale courtrooms and carry out the work needed to bring a further 40 Crown courtrooms safely into use for jury trials. Thanks to the extraordinary efforts of so many dedicated judges, HM Courts & Tribunals Service staff, legal professionals and the public, we were the very first jurisdiction in the world to resume jury trials when other countries had not even begun to contemplate how that might be possible. We have now seen large increases in the number of jury trials taking place across England and Wales, with the installation of plexiglass screens that enable us to open more than 260 jury trial courtrooms safely, in addition to a further 125 courtrooms being used for non-jury trial hearings. Our family courts were transformed overnight to start working almost entirely online by conducting cases remotely via video and audio technology. Now, combined with the opening of our courtrooms for more face-to-face hearings, the family court is dealing with the same amount of, and in some weeks more, work than it did before the pandemic struck.
In civil justice, we are making progress in returning final hearings and track claims to pre-covid levels. We have introduced new arrangements in possession hearings to respond to increased levels of demand, but we are also acting to protect public health by preventing people from being evicted from their homes until 11 January, except in the most serious cases.
Our tribunal system has also responded impressively to the challenges presented by the pandemic. Throughout the crisis, the mental health tribunal and the special educational needs and disability tribunal have continued to operate at or near pre-covid levels through remote video hearings. Employment tribunals have succeeded in returning to pre-covid levels of hearings, primarily through the use of online proceedings. I was fortunate recently to be able to observe a remote directions hearing in the family court. I saw at first hand how the reforms have helped the courts and tribunals continue to operate effectively during the pandemic to ensure access to justice for those who need it.
The quick execution and the continued effectiveness of our contingency planning is reaping particular rewards in the magistrates courts, as I have already mentioned, but the courts are of course a finely balanced ecosystem, flowing from one to the next, and many of the disposals from the magistrates court inevitably go to the Crown court, where there currently exists a larger accumulation of cases waiting to be heard than usual. We should be in no doubt of the gargantuan efforts of judges, staff and legal professionals in the Crown court throughout the pandemic and, in particular, their work in close partnership throughout it to address the build-up of cases.
Last week, my right hon. Friend the Chancellor of the Exchequer outlined further investment in the courts and tribunals system. The new money earmarked for criminal justice includes £337 million to bolster the Crown court further and to support victims as they make their way through the criminal justice system in what can so often be painful and traumatising circumstances. There is also additional funding to support the wider justice system’s response to covid-19, including £76 million to increase family and employment tribunal capacity and £43 million to ensure that our courts, and indeed our prisons, remain covid safe.
This new funding is both an important and an encouraging next step in terms of resourcing, but there is no better resource in the system than the people who make it what it is, day in and day out. The partnership between the Government, the judiciary, legal professionals and, of course, the public who rely on the justice system is the most important factor in the full recovery of our courts and tribunals. I am sure the whole House would want to join me in expressing our gratitude to everybody concerned.
The justice system is a vital public service. It is crucial to our success as a nation. We still have a long way to go, but at every step along the way during this global pandemic, we have made the resources available and worked with everyone in the system to keep it moving for the people who need it most. Throughout this pandemic and beyond, I will carry on doing all that I can to strengthen those vital working relationships right across the system so that we can restore and refresh our system of justice. I commend this statement to the House.
Mr David Lammy (Tottenham) (Lab)
I thank the Secretary of State for advance sight of his statement and for seeking to keep me and the shadow Attorney General up to date on his plans, on Privy Council terms.
However, the Secretary of State paints a rosy picture, and I wonder whether he is making the fatal mistake of believing his own hype. Let me remind the House of the state of the justice system under his watch. The backlog in the Crown court is now a staggering 51,000 cases, and in the magistrates court there are record numbers of outstanding cases—around half a million. He has just told the House that justice cannot wait, but jury trials are being listed in 2022 for offences committed years earlier. Lawyers have warned that victims and witnesses will avoid the justice system altogether because of the delays.
In June, the chief executive of Her Majesty’s Courts Service said that we need 200 Nightingale courts to fill the gap, but as of 23 November this year just 16 were up and running. The pandemic has played a role, of course, in bringing the Crown court backlog to 51,000 cases, but the truth is that it already stood at 39,000 before the pandemic, and that has left victims, witnesses and defendants in limbo for years.
If the Government are serious about resuscitating the justice system, does the Secretary of State recognise the importance of acknowledging that the main causes of the backlog were the cuts to sitting days and the court closures that his Government imposed? We have 27,000 fewer sitting days than we had in 2016. Between 2010 and 2019, more than half the courts across England and Wales were closed, and he is not finished: the Government plan to close a further 77 courts by 2026.
That the Secretary of State is announcing more Nightingale courts after so many closures exposes this Government’s record on justice as a complete farce. The Ministry of Justice suffered some of the deepest cuts under this Government’s austerity agenda. It was a false economy. The failure to tackle reoffending rates cost the economy more than £18 billion a year. Millions were wasted on outsourced prisons and maintenance contracts that had to be brought back in-house, and let us not forget the £467 million of taxpayers’ money that was squandered on the failed part-privatisation of the probation service, which the Opposition consistently warned against. Does he accept that today’s announcement is the result of a catalogue of errors that the Ministry of Justice, under his watch and that of previous Secretaries of State, previously imposed?
It is welcome that the Government have listened to the Opposition, made this U-turn and finally decided to put some cash into the justice system when it so desperately needs it, but this one-year plan does not provide the certainty we need. Courts, judges, lawyers and all parts of the justice system need long-term, sustained investment. I wholeheartedly agree with the Secretary of State that it is right to praise the extraordinary efforts of Her Majesty’s Courts and Tribunals Service staff—the justice system would have collapsed and our democracy would be under tremendous strain were it not for their hard effort—but how on earth does he have the cheek to praise them with one hand while freezing their pay with the other?
The backlog for individual cases in employment tribunals has already passed the post-2008 financial crash record, with 37,000 workers in the queue. Analysis by Citizens Advice suggests that if it continues to grow at the current rate, the number of outstanding claims could pass 500,000 by spring. Will the Secretary of State stop the Chancellor’s job crisis becoming a justice crisis by targeting support for employment tribunals? It is critical at this time, as he must appreciate.
We are now halfway through the 16 days of action against gender-based violence and it is clear to see that, despite the Lord Chancellor’s rhetoric, the Government are letting down victims on every front. Due to the enormous backlog of cases, victims of domestic abuse and harassment have been encouraged by the police to take civil action rather than a criminal prosecution because the system is so overwhelmed.
Despite a spike in calls to domestic violence hotlines over the pandemic and an increase in the number of cases reported to the police, the latest statistics show that domestic abuse prosecutions are down 19%. Rape and sexual violence prosecutions are at their lowest ever level in England and Wales. If the criminal justice system does not even have the capacity to get justice for victims of rape and domestic abuse, how can the Lord Chancellor say it is functioning well? Victims need to have faith that the criminal justice system will be there to support them throughout.
Today, the Lord Chancellor says he is delivering a recovery plan. He likes to pretend that all we are recovering from is the pandemic, but the truth is that we need to recover from 10 years of Conservative Government, which had left our justice system on the verge of collapse even before the pandemic began.
The Secretary of State has failed to provide any significant additional support to legal aid practitioners. The breaking point for many firms is likely to arrive in early 2021, especially as the volume of completions in the Crown courts remains low. Many legal aid firms and practitioners urgently need financial support to survive. We know that the Prime Minister and the Home Secretary are too busy attacking and insulting lawyers, but where is the Lord Chancellor’s recovery plan for legal aid in this country?
Since the start of the coronavirus crisis, the Ministry of Justice has broken the public’s trust. The Government dithered and delayed, failing to provide our courts, prisons, probation services, youth justice system and publicly funded legal aid lawyers with the support they need. After a decade of Conservative cuts and the Government’s mishandling of the pandemic, our justice system works for the wealthy and the powerful, but what about everybody else?
Robert Buckland
I listened very carefully to the right hon. Gentleman, and I am afraid that, as is sadly so often the case, his peroration was a direct contradiction of the reality of what is happening on the ground across the justice system. We acted from the outset to protect lives, to protect staff and to make sure that our prisons were safe, and the results are well-known. There has been considerable achievement in our prison system, and I know that he would want to acknowledge the work of staff; I am sure he would.
The same can be said about the work done in our courts. This was an unprecedented challenge. We were the first jurisdiction in the world to reopen jury trials, in late May. We are now rapidly reaching the position with regard to jury trials being heard, or guilty pleas being tendered at or just before trial, that we were in before the beginning of this pandemic.
The right hon. Gentleman is right to talk about the past in the justice system, which is why in July I announced the biggest increase in court maintenance in not 10 years, but 20 years; he can do the maths and work out the time that he had partial responsibility for the system. This is not a pure story of life since 2010; I have inherited a system that, frankly, needs a fundamental change, which is what I am doing.
The settlement that I have reached will hugely support the increase in sitting days in the year ahead. Already, before the pandemic hit, I had increased the number of sitting days, with the agreement of the Lord Chief Justice, from the year prior to my taking office. I was already acknowledging the pressure on the system. I remind the right hon. Gentleman that while 39,000 cases is of course a significant number, it is not the historic high that we have seen in the past. I am working to ensure that the number of trials in that particular statistic is dealt with as quickly as possible, together with all the other important hearings.
The right hon. Gentleman talked about victims. I am sure he would readily acknowledge not only the £25 million announced in the spending review for next year but the in-year funding of £15 million on victims’ services that we continue to roll out. The covid funding that has been administered on behalf of my Department by police and crime commissioners for local victims groups totals over £25 million. Indeed, the announcements I made last year rapidly and significantly increase funding for independent sexual violence advisers to levels that we have never seen before in our country. We have also introduced the revised and streamlined victims code. We are, at every step of the way, taking action to support the victims of crime. I can assure him that when it comes to domestic abuse and sexual violence, the courts are giving priority to those hearings and making sure that they are dealt with as quickly as possible.
On legal aid, again the right hon. Gentleman misses a hugely important development this year, which was the extra funding of up to £51 million for criminal legal aid lawyers via an improvement to the graduated fee scheme as part of the first stage of criminal legal aid review. We are going to embark on stage two very soon, and I will keep him fully apprised of that. He will, I am sure, note with interest that that will result in more investment in criminal legal aid in the year to come. [Interruption.] Oh yes, it certainly will. I know that it is sometimes difficult to accept positive news, but I am grateful to partners in the criminal justice system and those practising in the professions for having given an encouraging welcome to the news last week. I accept, with them, that there is a way to go, but we are now turning the corner, and I am confident that in the years ahead we can enhance, improve and build on the success of our justice system.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
I thank the Lord Chancellor for his statement and welcome what he has said. I and the other members of the Justice Committee certainly wish to join in the tributes that have been paid to the hard work of all those involved in the Courts Service and the broader justice system in dealing with the necessary recovery from the pandemic.
Can the Lord Chancellor help me on a couple of points, though? First, does he accept that it will be necessary to have a multi-year settlement once this year is out of the way to maintain the progress that we need to achieve to get our courts system back to the levels of reform and improvement that we have ambitiously set out? Secondly, will he update the evidence that he helpfully gave to the Justice Committee on Tuesday as to where we are in reducing the backlog in the Crown court? Although there has been progress, he will know that the backlog prior to the pandemic was already at record levels, and that was increasing up until the latest management figures we had that went back to October. Will he give us the projection—and, in due course, the modelling behind it—as to when we will see that backlog start to reduce? None of us wants to see contested trials being listed out to 2022, as I am sure he would agree.
Robert Buckland
I am grateful to my hon. Friend. First, with regard to a multi-year settlement, it would not be right for me to prejudge what the decision of the Chancellor might be on that. The important decision had to be made this year to have a one-year settlement for the obvious reasons of the covid outbreak and the fact that, rightly, there was not a fiscal event—namely, a Budget. I will leave that decision ultimately to the Chancellor. However, my hon. Friend can be reassured that the work being done within the Department is indeed looking beyond one year only and coming up with evidence-based arguments and proposals that lead on to longer-term investment. For example, he will see in the capital programme not only a welcome £105 million extra for court maintenance but the multi-year prison capital programme, which will make a huge difference in terms of modern conditions in our prisons.
With regard to the Crown courts, my hon. Friend is right to draw attention to the figures. The figures for Crown court statistics are populated both manually and by automation. Therefore, they take some time to fully settle down. However, I am particularly encouraged by the figures relating to effective trials: trials that end up being “cracked”, as they say, with a guilty plea on the day; and trials brought into the court by the judge just before trial, or a week before trial, where guilty pleas have been tendered. The overall figures I am looking at now through November show a very encouraging increase in that overall number, getting us much closer to the pre-covid baseline. It is not there yet, but if those trends continue, we can get to that pre-covid baseline on trials, I think, in the new year. Of course, that allows us to start to make real progress on the rest of the case load.
Joanna Cherry (Edinburgh South West) (SNP) [V]
May I also thank the Lord Chancellor for advance sight of his statement?
These matters are, of course, largely devolved to Scotland, where the impact of the pandemic is being felt just as it is in jurisdictions across the world. My colleagues in the Scottish Government continue to work with partners, including the Scottish courts and prosecution services, victims’ groups and the legal profession, to identify the best possible way to deal with the problems that arise from the pandemic. To facilitate social distancing, remote jury trials are taking place across Scotland in the Sheriff courts as well as in the High Court. Additional funding for those was announced back in October. It was pleasing to hear Scotland’s second most senior judge, the Lord Justice Clerk Lady Dorrian, say that there has been an excellent collaborative effort across the justice sector in Scotland, which will increase court capacity in an environment that is safe for all participants.
May I ask the Lord Chancellor something about sexual offences? The European Court of Human Rights has held that the right to an effective remedy means that the state must ensure that sexual offences are investigated and prosecuted effectively, and that the state must also avoid undue delay in getting those cases to trial. Historically, Scotland has very strict time limits and I know that even during the pandemic this responsibility of effective remedy and speedy resolution is one that the Scottish Government take very seriously. Can he confirm that the UK Government take it equally seriously and are having regard to our obligations under the Strasbourg convention in this respect?
Turning to employment tribunals, they of course deal with reserved issues and are UK-wide. I want to raise with the Lord Chancellor the issue of the sharp rise in employment tribunal applications during the pandemic. This increase has gathered pace during lockdown, which tends to suggest that the impact of coronavirus has had a direct effect on the number of claims that are being made to employment tribunals. This has, of course, been an incredibly difficult time for business, but unfortunately there appears to be a trend of employers who are not following correct redundancy procedures, and this is only likely to result in more unfair dismissal claims. What can the Lord Chancellor do to address the increased strain on the tribunal system that this will create?
Finally, genuine mistakes around limitation periods for making an application to an employment tribunal can result in individuals being barred from seeking justice. That can happen in particular to claimants who are not entitled to legal representation or cannot afford it, and who may already have been involved in long and wearying internal grievance and disciplinary procedures. May I therefore ask the Lord Chancellor: is he still looking seriously at doubling the length of the time within which individuals can bring a claim to an employment tribunal from three to six months?
Robert Buckland
The hon. and learned Lady raised three distinct issues, which I will deal with in turn. First, with regard to obligations to victims of sexual offences, I reassure her that the way in which cases are prioritised in the courts in England and Wales very much bears in mind that important provision in terms of listing. I can give her the encouraging statistic for the most serious offences—sadly, many of them will be sexual offences—that just over 80% of those cases where someone has been remanded in custody have been listed for trial between now and spring 2021. Indeed, we keep a close eye on the progress or otherwise of other cases of a sexual nature. May I say to her that my officials and I have been watching the position in Scotland carefully and talking with colleagues in her jurisdiction about the approaches being taken? We are learning from each other in terms of development.
The position on employment tribunals is that, as I said, the number of cases being heard now has reached pre-covid levels as a result of the increased use of technology. That was an issue to begin with in the employment tribunal, but we are dealing with it. Of course, we have more money allocated next year for that further recovery.
If I may, I will come back to the hon. and learned Lady in correspondence on her specific point about limitation periods. I think I have dealt with all the matters. If I have not, I will write to her.
Shaun Bailey (West Bromwich West) (Con)
I thank my right hon. and learned Friend for his statement. As we come out of the pandemic, the challenges, difficulties and errors made along the way need to be reviewed. Will he assure me and colleagues in Her Majesty’s Courts and Tribunal Service in the Black Country that, as he looks at that, he will take an all-encompassing, lessons learned approach that reaches out to all stakeholders, including the profession and HMCTS staff?
Robert Buckland
I am grateful to my hon. Friend. He is right to say that, while covid has been a huge challenge for all of us, we have learned many things about the way in which the system works together, the way in which we use technology and the blend that we can achieve with regard to hearings being partially remote and partially in person. We will never go back to the position prior to the pandemic because, of course, we were already investing over £1 billion in our court reform programme, which was all about improving the technology on the court estate. He is right to make that important point.
Tony Lloyd (Rochdale) (Lab) [V]
I absolutely agree with the Lord Chancellor that an efficient court process is fundamental not simply for individual justice but for our democracy as we want to know it. However, cuts have had an impact on the courts service. He rightly refers to victims—particularly child victims—of sexual violence, and I welcome his words on that. Nothing can be more painful or traumatic than the long-drawn-out process we saw in the past, so I welcome his assurance that such trials are early-listed relative to others, but he knows that in some cases where trials are adjourned, they can still run on not simply for weeks and months but for years. That is painful and absolutely traumatic. Does he agree that we must set targets and ensure that we do not have repetition of delay on delay in those most traumatic and most human of cases?
Robert Buckland
I pay tribute to the hon. Gentleman. As a former police and crime commissioner, he knows the effects of that appalling crime on victims. He will be glad to know that final roll-out of section 28 cross-examination has now been completed in our criminal courts, which means that victims will be able not only to give their evidence in chief on video without having to come to court, as they have been able to do for a number of years—of course, they can do that at an earlier stage—but to be cross-examined on video as well before the trial hearing, saving them additional pain and difficulty when it comes to the court process. There is a lot of reform going on to improve the experience, but he is absolutely right to continue to press me for more and more improvement. I will work on that basis.
Bob Blackman (Harrow East) (Con) [V]
The biggest cause of homelessness is the end of a private sector tenancy, and the Government rightly took action to prevent anyone from being evicted from their home during the pandemic. The position was also, quite rightly, that the most egregious cases of antisocial behaviour could result in a possession order. However, the moratorium comes to an end on 11 January and there will be widespread concern among renters across the country—and, indeed, landlords—about the position with the courts once the moratorium ends, with a potentially huge rise in homelessness. Will my right hon. and learned Friend set out for the House the proposals for possession orders after 11 January?
Robert Buckland
My hon. Friend knows that, coupled with the action we took to deal with possession applications, we also dealt with enforcement matters to ensure that evictions could not take place. I can reassure him that the increase in the time period required to six months means that we will have, in effect, a long period before particular possession actions might be completed towards the latter end of 2021. I am grateful to the judiciary for having worked extremely hard to prepare a plan for how to deal with these cases. It involves, in any cases that are to be revived, a statement by the landlord as to the current position and the effect on the tenants. A lot of safeguards have been put in to ensure that the interests and rights of tenants are protected, that a balance is struck and that the caseload will be managed sensibly, sensitively and humanely by the courts in the year ahead.
Madam Deputy Speaker (Dame Rosie Winterton)
Just a gentle reminder that we have two further debates this afternoon that colleagues will have spent a lot of time preparing for, and we are anxious that they should have enough time to air their views during those debates, so concise questions and brisk answers would be welcome all round.
Holly Lynch (Halifax) (Lab)
As my right hon. Friend the Member for Tottenham (Mr Lammy) has already spelt out, Halifax county and family court and Calderdale magistrates court were two of the 86 courts that were closed under this Government in 2016 alone. We were promised video links and a technological revolution in access to justice, but four years later, we have had absolutely none of that. The pressures were just transferred to other regional courts, which now face intolerable backlogs because of the virus. Those court buildings are still standing empty, so why not reopen some of them to get the justice system moving again?
Robert Buckland
The hon. Lady will know that, in some instances, we have been able to do that. There are other instances where the buildings are no longer in the control or ownership of HMCTS, and some of them, having been looked at, were not in the right sort of condition to be used—hence the fact that we have been wide ranging in our approach to Nightingale courts, which we will be scaling up as part of phase 3. I am looking at over 60 courtrooms that can be developed across the country. The important point she makes is about technology. I can assure her that, during this crisis, cloud video technology has already been rolled out to every courtroom, and it is making a real difference to the lives of victims and witnesses. If there are local issues in Calderdale, I would be more than happy to talk to her about them in order to address any particular issues in her constituency.
Mike Wood (Dudley South) (Con)
The effective operation of our magistrates courts is at the centre of our criminal justice system. What progress has my right hon. and learned Friend made in bringing down the number of outstanding cases, and what further action is he taking to bring it down even further?
Robert Buckland
My hon. Friend is right to talk about the central importance of the magistrates courts. They are the first port of call with regard to all criminal cases. I am glad to tell him that since August the overall number of cases being dealt with has exceeded the number of cases coming into the courts, and we are working on the basis that we can return to pre-covid levels in the spring to middle of next year. That is remarkable progress, and I very much hope and believe that it will be maintained.
Sarah Owen (Luton North) (Lab)
Safety for security guards in courts was a massive concern well before the pandemic, but, as we try to clear the huge backlog, safety concerns have been raised with me around personal protective equipment and the ability to physically distance given the large numbers of people in courts. What is being done to ensure that covid safety guidance is actually enacted, and what does the Secretary of State have to say to the court staff who do not feel safe?
Robert Buckland
The hon. Lady is right to raise the vital role of court security staff, and indeed all staff who look after the interests of witnesses and victims of crime. She will be glad to know that in the spending review, a further £43 million was allocated for further covid safety measures in our courts and prisons. We have come a long way since the beginning of the pandemic, when there was, as a result of concerns, a ramping up of the cleaning programme throughout the court system. The reports that I am getting from many court users, including staff, are that systems are indeed much better and safer. The use of plexiglass and perspex to help with social distancing is a vital part of that programme, together with a redesign of buildings and the use of extra capacity to allow for social distancing. I have been keeping a very close eye on the PPE situation, and I am satisfied that there are absolutely the supplies to allow our staff to use them. If the hon. Lady wishes to raise specific issues with me, I would be more than happy to hear them.
Felicity Buchan (Kensington) (Con)
Several of my constituents have written to me concerned about delays to probate, which is clearly a very difficult time for families. Will my right hon. and learned Friend update the House on delays to probate?
Robert Buckland
My hon. Friend is right to raise an issue that causes real concern and pain to many families. She will be glad to know that waiting times have improved for each of the last few quarters since the middle of 2019, which was a particularly difficult time for the probate system—and that is despite the impact of covid-19. The waiting time for digital cases is currently between two and five weeks on average, whereas the average time for paper applications is between four and six weeks. I reassure her that individual cases are looked at by my officials. We are always anxious to try to ease the burden that is placed on those who are bereaved at such a difficult time.
Mr Clive Betts (Sheffield South East) (Lab) [V]
The ban on evictions of tenants was welcome, but it did include cases of antisocial behaviour. The Ministry of Housing, Communities and Local Government Ministry has indicated that now that the ban is being lifted, the courts would give priority to dealing with cases of antisocial behaviour. However, I have two very serious cases in my constituency, and we are told that it could be well into the new year before they are dealt with. What priority has the Lord Chancellor directed the courts to give to cases of antisocial behaviour? And if Members have particular cases in their constituency, what action can they take to ensure that they are dealt with expeditiously?
Robert Buckland
The hon. Gentleman will appreciate that, for clear constitutional reasons, it would not be right for me to direct the judiciary. I assure him, by repeating the answer that I gave to my hon. Friend the Member for Harrow East (Bob Blackman), that the judiciary have indeed created a sensible series of practice guidance about how to deal with such cases. Individual delay issues could be raised from Her Majesty’s Courts and Tribunals. I cannot go into the merits of any individual case, but I hear him loud and clear about the importance of dealing efficiently with antisocial behaviour cases.
Joy Morrissey (Beaconsfield) (Con)
I thank my right hon. and learned Friend for standing up for the victims of sexual violent crimes through additional funding for victim support, and an increase in funding for independent sexual violence advisers. Will he provide assurances that a proportion of this funding will be ring-fenced specifically to support children who are victims of sexual crimes, and will he meet me to discuss how we can further the issue of protecting child victims?
Robert Buckland
I would be happy to meet my hon. Friend. She will know that the range of support we give involves the child victims of sexual crime, whether male or female. In the past year, we awarded £12 million to 91 rape support centres in England and Wales. As I have said, we have increased, by an additional £4 million until March 2022, funding for 120 new independent sexual violence advisers across our jurisdiction, which will go in some great measure to address the concerns she rightly raises.
Chris Bryant (Rhondda) (Lab)
I do not know whether the Justice Secretary has ever had a family member who has been diagnosed with dementia and has then had to go to the Court of Protection to be able to take over their relative’s concerns, but thousands and thousands of families have had to do that this year. Covid has meant that more families have been brought into that circle, at a time when delays in the Court of Protection are quite extraordinary. When I rang earlier this year, I was told than an emergency case would not be heard until “next Easter” at the earliest. That is real pain and suffering for families that are already going through a tough time. If he has not got the figures now, will he write to me to tell us how we will get this backlog back down to normal?
Robert Buckland
I have not had the direct experience that I know the hon. Gentleman has, but I have indeed had family experience of the Court of Protection, and I feel acutely responsible to make sure it is working in the interests of vulnerable people. Of course, I will write to him with as much up-to-date information as I can muster. I am grateful to him for having raised this matter with me before. I know it is a real concern of his.
Mr Richard Holden (North West Durham) (Con)
I accept that delays are inevitable as a result of coronavirus. However, for cases related to Medomsley youth offenders institute, in my constituency, this means delays to justice of another year for so many people who have suffered for so long. Will the Lord Chancellor tell me what additional funding he is putting in place for the courts? Will he assure me that every effort will be made to expedite historical sex abuse cases such as those of the people who suffered at Medomsley as quickly as possible?
Robert Buckland
I am very grateful to my hon. Friend, who takes a great interest in Medomsley, in his constituency, and all those who work in it. He is right to press the Government for more action. I can reassure him that in the year ahead we will be spending £337 million on the criminal justice system, to address not only the covid pressure, but the other issues relating to criminal justice which will be welcome to hon. Members—the increase in police officers will inevitably have an effect on our criminal justice system. I look forward to engaging with him further on those important local issues in North West Durham.
Rachel Hopkins (Luton South) (Lab)
I am interested in the response regarding health and safety, and covid security, in the courts, because the level of covid infections among court staff and users is still rising, but the acting head of HMCTS told the Justice Committee,
“We have had to agree to disagree”
with unions on the approach to risk assessments. Does the Justice Secretary accept that HMCTS’s tendency to,
“Try to do everything from the centre and the top in a prescriptive way”—
those were his words—is simply not working? Can he explain why it is the only agency in the civil service that has not agreed a risk assessment template with the staff union, the Public and Commercial Services Union?
Robert Buckland
The hon. Lady is right to quote me, because I do believe in local initiative and I have seen it in action from HMCTS staff, who know the buildings, in which some of them have worked for many years, better than anybody. I take very much on board what she says. Of course, each court building is pretty different from the other; there is no set template and we all know they are pretty unique. The work that is done to make our courts safe is done in conjunction with Public Health England and Public Health Wales. I will consider the matter she raises further in more detail in order to satisfy myself that everything properly is being done.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
I welcome the statement and the considerable investment, effort and energy that my right hon. and learned Friend has put into getting the courts up and running in a covid-safe environment. As a paediatrician, I am particularly concerned about the welfare of children, including in the justice system. Will he advise the House as to what he is doing to ensure that the youth justice system is prioritised and these cases are dealt with as quickly as possible?
Robert Buckland
I am grateful to my hon. Friend for her concern about children in the system. She will know that there are existing protocols applied by the courts to ensure that cases involving children are heard as early as possible, which is particularly important when it comes to the Crown court. The overall number of children in a secure setting, whether it is a young offenders institution or other secure accommodation, has continued to fall. It is now around 600. The numbers on remand remain about the same as they did before the pandemic but are proportionately higher because of the overall reduction in the sentenced population. We have been dealing as carefully as possible with the regime that is applied to ensure that young people are safe but that their frustrations when it comes to exercise and activity, which are natural, are dealt with. I am particularly interested in ensuring that education and skills training is improved during the pandemic, bearing in mind that in the first wave, apart from one institution, we were not able to run those programmes. I will keep her updated.
Kerry McCarthy (Bristol East) (Lab)
As I understand it, the independent review of administrative law panel was due to report this year. I hope the Secretary of State can give us an update on that and on whether it has looked at the fact that the number of successful environmental claims for judicial review fell by two thirds from 2016 to 2019, despite a tougher test for granted permission to proceed to the final stage. Does he agree that it is really important that access to judicial review is protected, even during difficult times like these?
Robert Buckland
I can assure the hon. Lady that, as set out in the terms of reference for the independent review of administrative law, the principle of judicial review and its importance in our system is something that we all believe in. The Aarhus convention will continue to apply with regard to environmental cases. The review is, as she would expect, independent. It has embarked on a large call for evidence, which has been completed. I anticipate a report soon. I will then consider the matter carefully and come back with a full response, and I will keep the House updated on progress once I receive the initial report.
Ruth Jones (Newport West) (Lab) [V]
The people of Newport West are concerned that the courts recovery plan comes alongside the Chancellor of the Exchequer’s public sector pay freeze—a freeze that will hit court and tribunal staff very hard in their pockets. Can the Lord Chancellor explain to the people of Newport West why he thinks it is okay for the hidden heroes working in our justice system to do their very best to clear the backlog of cases without being given the fair and decent pay rise that they need and deserve?
Robert Buckland
The hon. Lady will know that we have had to make some very difficult choices, bearing in mind the unprecedented recourse to public funds placed upon us as a result of the covid emergency. We have worked as hard as we can to ensure that people stay in employment and that our economy is saved as a result of the necessary decisions we have had to make to protect public health. She will be glad to know that the Chancellor is targeting help at people who are on lower pay. There is particular provision for those who are earning under £24,000 a year, which will see an increase in their salary. There are existing increments as well. I am looking carefully at the overall impact on HMCTS staff, and I will do everything I can to ensure that, within the parameters set by the Treasury of necessity, those in most need will receive an increase in pay next year.
Laura Farris (Newbury) (Con)
I thank my right hon. and learned Friend for all the work he has been doing to keep the justice system moving. I have two quick questions on employment tribunals. First, I know that the improvements in virtual proceedings have made a material difference to reducing the backlog, so what plans does he have to extend their roll-out? Secondly, I am hearing about a hidden problem, whereby a shortage of administrative staff in the tribunals is leading to applications and letters being processed very slowly, which is contributing to an overall delay. May I urge him to shine a spotlight on that issue when he looks at tribunals?
Madam Deputy Speaker (Dame Rosie Winterton)
Order. It is important that Members ask just one question, because there are two debates to follow, and I am anxious that they are getting squeezed at the moment.
Robert Buckland
I will not repeat what I said with regard to investment and case levels in employment tribunals, but I assure my hon. Friend that the extra funding we have had in year means that we can recruit 1,600 extra staff. We are allocating more resources to recruit up to 1,800 staff. So far we have recruited 800, with 200 or so of them in training, and I hope that we can use those extra resources in the employment tribunal and other jurisdictions.
Rachael Maskell (York Central) (Lab/Co-op)
The biggest crime of all, of course, is the scale we see of criminal cases committed in the first place, which the failure in the court system is just exposing. Delaying justice is delaying restitution to victims and their families and denying defendants access to rehabilitation. What additional resources is the Lord Chancellor bringing forward to support victims over this time, but also defendants, particularly with their mental health?
Robert Buckland
The hon. Lady will be glad to know that the increase in victims funding continues, with an in-year increase of £15 million, which was separate from the covid funding that we have already allocated to victims groups. Next year, there will be a further £25 million increase in victim support services funding. We are working very closely with the Victims’ Commissioner and others to make sure that we are absolutely hitting the right spot when it comes to support. The new victims code has been introduced, which I believe will make things simpler and clearer for victims to know their rights. When it comes to the mental health of defendants, we are working at pace at the moment in looking at further liaison and diversion services. We have rolled out liaison and diversion services across England and Wales, but I think there is more we can do with regard to how that works to make sure that those in genuine mental health need are not caught up in the criminal justice system unnecessarily, and that we can divert them into more appropriate services.
Andy Carter (Warrington South) (Con)
Can I join the Lord Chancellor in paying tribute to magistrate colleagues in court, particularly in Cheshire and Merseyside, who have continued to sit right through the pandemic? Could I ask my right hon. and learned Friend to give us an update on plans to extend the retirement age of magistrates, and also on the work that local advisory committees are doing to recruit new magistrates to the bench?
Robert Buckland
I am grateful to my hon. Friend, who I know takes a particular interest in this matter. He is right to pay tribute to the magistracy and, indeed, to highlight the recruitment campaign that is currently ongoing. I would urge members of the public who want to take part and to be part of the system to make such an application. On the retirement age, the consultation has now concluded. I am considering its findings, and I will report back to the House as soon as possible.
Selaine Saxby (North Devon) (Con)
Can I ask my right hon. and learned Friend when Her Majesty’s Courts and Tribunals Service plans to take on the operation of virtual remand hearings, as police forces return to their usual duties, and can I take this opportunity to thank Devon and Cornwall police for the exemplary job they have done over the course of this pandemic?
Robert Buckland
I readily join my hon. Friend in praising Devon and Cornwall police. She will be glad to know that the Home Secretary and I, who have joint responsibility for this, are working at pace to come up with practical solutions to allow the continuance of video remand hearings, particularly in court centres where there are a large number of people coming through the system and particular pressure. The ultimate problem will be solved by primary legislation, which I plan to introduce in the new year, but in the meantime we are working hard on practical solutions. I must stress to her that it is a joint solution between the Home Office and the Ministry of Justice.
Andrew Gwynne (Denton and Reddish) (Lab) [V]
I welcome the statement, but we have seen reports of trials being listed for 2023 and, in some cases, court dates not given indefinitely. Does the Lord Chancellor agree with me that justice delayed is justice denied, and will he commit to working to reduce the backlog so that no case must wait more than a year, let alone until 2023?
Robert Buckland
I am grateful to the hon. Gentleman. Can I reassure him that, having looked into that particular issue, , thankfully no cases are actually being listed in 2023? We have listings into 2022, yes, but the bulk of cases on remand, as I have said, are going to be heard between now and the spring. We have cases out on bail that are going out to late 2021 or 2022. It is my intention, and indeed the intention of the Lord Chief Justice, with the funding that we have secured, to reach a situation where, as a result of that, we can start to eat into the backlog in the year ahead and make a difference for witnesses and victims.
Sir Christopher Chope (Christchurch) (Con)
Following on from the answer that my right hon. and learned Friend gave to our hon. Friend the Member for Warrington South (Andy Carter), will he tell us when he is going to make his response? I have a private Member’s Bill down for 29 January and it would be useful to have had a response from the Government, preferably before the end of this year, so that we can draft a Bill appropriately.
May I also ask my right hon. and learned Friend about the attitude of the Bar? We have read reports that barristers are planning to go on strike, because they do not like the idea of having to work longer hours. Will he condemn any such behaviour?
Robert Buckland
I thank my hon. Friend for taking such an interest in the magistrates’ retirement age. I undertake that I will work in a way that means we may dovetail our separate efforts with regard to his private Member’s Bill. I will come back to him before then.
With regard to my colleagues and friends at the Bar, a consultation is going on about covid operating hours to allow the courts to sit for two sittings a day in some court centres. I will await the outcome of the consultation—it is only right for me to do that—but may I appeal to the better angels of our nature on court recovery? Those at the Bar are doing a tremendous job—let us stay positive and stick together, and we will get this sorted.
Clive Efford (Eltham) (Lab) [V]
We have 30% fewer criminal legal aid firms than in 2010, and a quarter of those have disappeared in the past year alone. The criminal legal aid review is not due to be published until the end of next year. How many firms is the right hon. and learned Gentleman prepared to see disappear before he acts?
Robert Buckland
We are acting. The second phase of the criminal legal aid review will be announced shortly, and the independent review can get on with its important work. I am acutely aware of the issues with regard to criminal defence solicitors—the problem predates 2010, I am afraid to tell the hon. Gentleman—but I want to ensure that we have a viable market and that solicitors and barristers are paid properly for the actual work that they are doing. That is why we need an update in the system.
Elliot Colburn (Carshalton and Wallington) (Con)
My right hon. and learned Friend will have heard me speak before about the Chris Donovan Trust and its amazing work in Carshalton and Wallington and elsewhere to encourage restorative justice, after Ray and Vi Donovan met their son Chris’s killers. Will my right hon. and learned Friend assure me that, as we tackle the backlog in cases, restorative justice is offered as a matter of routine throughout the justice process?
Robert Buckland
I pay tribute to the Donovan Trust and my hon. Friend’s work with it. I am a big supporter of restorative justice, but it needs to be victim-led. It is important that any decisions with regard to it very much involve the victims first, rather than it becoming some sort of pro forma, which would be a negation of what restorative justice should be about. It needs to be meaningful, and that is what I believe will continue to happen right through this crisis and beyond.
Marion Fellows (Motherwell and Wishaw) (SNP) [V]
The Istanbul convention on preventing and combating violence against women and domestic violence imposes obligations on the state to ensure that investigations and judicial proceedings on all forms of violence covered by the convention are carried out without undue delay and that they take into consideration the rights of the victim at all stages of the criminal proceedings. The Scottish Government are working hard to ensure that, despite the pandemic, those obligations are complied with. Will the right hon. and learned Gentleman assure me that the UK Government take the obligations equally seriously?
Robert Buckland
I refer the hon. Lady exactly to my response to the hon. and learned Member for Edinburgh South West (Joanna Cherry), who asked a question in very similar terms. The hon. Lady is right to ask that, and we do take that obligation extremely seriously indeed and are working to meet it at all times.
Madam Deputy Speaker (Dame Rosie Winterton)
We have now taken an hour on the statement. Although I will try to get everyone in, that absolutely depends on short answers and short questions.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
One of the things that we have heard in the Justice Committee is of a reduction in violence in prisons as a result of the lockdown. Will my right hon. and learned Friend assure me that we will look at what we can learn from a positive point of view from that fall?
Robert Buckland
My hon. Friend takes a keen interest in such matters. He is absolutely right to talk about a reduction in violence. Clearly, we need to look maturely and carefully at the overall impact of what has happened in our prisons. It is clear to me that we are working hard in this second wave to ensure purposeful activity and meaningful exercise, as well as more educational opportunities. Looking to get the balance right and ensuring that prisoners feel safe is our No. 1 priority.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
In 2016, the Conservatives pledged 10,000 extra prison places by 2020. They have managed only 200. Unsurprisingly, they recycled that old pledge last year by promising another 10,000, but the Ministry of Justice has informed us that the business case has not even been approved yet, so why should anyone believe this latest announcement that the Government will provide 18,000 new prison places?
Robert Buckland
I urge the hon. Gentleman to look at the evidence. We have carried out the building of Wellingborough Prison on time and on budget, and despite covid work is beginning at Glen Parva. We have a very refined and standardised programme, which involves modern methods of construction. I am satisfying myself that those responsible are managing it in a professional way, and these numbers are additional numbers. It is the boldest and biggest prison building programme since Victorian times, and I am satisfied that we have the wherewithal to get this done, and that we can give confidence to those in the construction industry who want to get on with it and help us to build the prisons that we need for the future.
Marco Longhi (Dudley North) (Con)
I thank the Lord Chancellor and his team for all their efforts in dealing with the pressures that covid has brought on the system and with getting the system back up and running. May I reflect at this time, though, the great sense of frustration that my constituents in Dudley North feel when they see that, often, sentences do not seem to be fit for purpose? Quite often, sentences do not match the crime that has been committed. Will he look at reviewing some of the guidance issued to the judiciary, so that better informed decisions are made as and when it is appropriate?
Robert Buckland
I am grateful to my hon. Friend. Of course he knows that sentencing guidelines are a matter for the independent Sentencing Council, but he will be delighted to read the sentencing White Paper, which includes further measures to deal with the incarceration of serious violent sexual offenders for longer periods before release. The necessary legislation will follow in the new year to take a range of measures on serious crime, and I know that he and his constituents will be supporting them enthusiastically.
Andy Slaughter (Hammersmith) (Lab)
The statement had the air of the Lord Chancellor congratulating himself in case no one else remembered to, but that may be somewhat premature. The criminal courts recovery plan claimed that 266 trials a week would be completed in October, but the actual figure was 160. The Justice Committee was told this week that we will not be getting back to pre-covid backlog figures at any time soon, nor should we be. Does not that sound more like complacency than competence?
Robert Buckland
No, it certainly does not. The hon. Gentleman is, I am afraid, wrong when he talks about the figure of 266. What that was about was courtrooms. In fact, it was 250 courtrooms to deal with jury trials. We exceeded that target at the end of October. As I was explaining to my hon. Friend the Chair of the Justice Committee, the overall figure with regard to effective trials, cracked trials and trials that are vacated because of a guilty plea acceptable to the Crown or a plea to the indictment, is now well in excess of 300 a week and is coming back to pre-covid levels. I am not complacent, Madam Deputy Speaker. I have been working daily on this issue and I care as much as everybody else about our courts and prison system, hence the urgency that we have placed upon the work that we are doing.
Charlotte Nichols (Warrington North) (Lab)
Research from Her Majesty’s Courts and Tribunals Service shows that a disproportionately large number of cracked trials in the criminal courts are due to late guilty pleas, with many defendants relying on the fact that key witnesses may be unable or unwilling to testify the longer that the pre-trial process takes, With this being a particular issue in cases of domestic and sexual violence, where victims are overwhelmingly women, can the Lord Chancellor please tell the House what equality impact assessment has taken place on the impact of delays in cases being heard?
Robert Buckland
May I assure the hon. Lady that as a matter of day-to-day practice those issues are very much built in to the system, as is the need to prioritise those cases? She is absolutely right to talk about the problems about witnesses losing heart or victims themselves feeling let down by the system, and that is why we have continued to improve the way in which we use remote technology. The section 28 roll-out is a further measure that will support vulnerable witnesses and victims.
I have seen, not only over the past few years, but over many years in practice, a real sea change in how we deal with these sorts of cases. More needs to be done, and the hon. Lady will be glad to know about the increased investment in independent sexual violence advisers, which are a key element in supporting victims of crime right from the beginning of that early police investigation, because it is at that point that often things go horribly wrong for victims of sexual crime, and it is that work that we are going to be doing. We can talk further about this matter, and I would be happy to engage with her directly about it.
Madam Deputy Speaker (Dame Eleanor Laing)
I am going to suspend the House for a few minutes in order to allow the safe exit of Members who are here and the safe entry of those who are about to come in.