Oral Answers to Questions

Debate between Robert Flello and Helen Grant

Tuesday 2nd July 2013 Commons Chamber

[Mrs Grant]

My hon. Friend makes an excellent and astute point. Judicial review is a crucial check on the power of the state, and it will remain so. However, it is also subject to abuse—stifling innovation, frustrating reforms and incurring considerable cost. Our reforms will tackle the burden while maintaining the benefits of the rule of law and access to justice.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Aside from the near impossible job of getting the Attorney-General to quash an inquest, the only route that families have to challenge a coroner’s decision is through judicial review. The Government have already stopped bereaved families having a proper coroners appeal system. Is not the restriction of judicial review a further kick in the teeth for bereaved families?

Oral Answers to Questions

Debate between Robert Flello and Helen Grant

Tuesday 21st May 2013 Commons Chamber

[Mrs Grant]

It is the DWP decision makers who make decisions, but I can tell the hon. Lady that many measures are being put in place to increase capacity and reduce waiting times—

[Robert Flello (Stoke-on-Trent South) (Lab)]

Such as?

[Mrs Grant]

The hon. Member for Stoke-on-Trent South (Robert Flello) says “such as” from a sedentary position. Those measures include recruiting more judges, securing additional venues and more Saturday sittings in addition to striving continually to improve original decision making.

Defamation Bill

Debate between Robert Flello and Helen Grant

Wednesday 24th April 2013 Commons Chamber

[Mrs Grant]

I am sure that my hon. and learned Friend will go into details about the motion that he tabled, but as we have made clear, we think it is helpful that there will be a direct link between serious harm and serious financial loss. That will make the situation absolutely clear to those wishing to bring an action.

The second reason why Lords amendment 2B is preferable to the earlier Lords amendment 2 is that the term that we have used to define those who will be subject to the requirement—

“a body that trades for profit”—

is a much clearer and simpler definition. Those are the bodies about which people have expressed concern, so we have phrased the amendment specifically and directly to meet those concerns.

I believe that the Lords amendment represents an effective and proportionate approach that addresses the concerns that have been expressed in this House and elsewhere. I urge the House to support it.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Thanks to a lot of hard work—especially in the other place, it has to be said—the Bill is now in a much better place. It is still far from perfect, sadly, which is a huge shame. It could have been perfect and a marvel to behold, but sadly the to-do list in the Bill includes early strike-out, website operator regulations and clarification for booksellers of the innocent dissemination rules, about which they were concerned. It also includes costs, which are a strange case, because we are really no further forward on them.

Indeed, we are left in a wholly unsatisfactory place. The last-minute announcement of a consultation on costs over the summer shows how sloppily this Government have treated parts of the Defamation Bill. The mess in respect of defamation, Leveson and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 means in future people in a similar position to the Dowlers, Simon Singh and Peter Wilmshurst who will fight defamation cases will probably be in a worse position on costs than they would have been had the Government not got their hands on this legislation. Despite the promises that were made during the passage of the LASPO Act, costs is a major issue, and it should have been dealt with properly before this Bill returned to the Chamber.

The Minister commented on extending the Derbyshire principle to private companies. It is estimated that, following this Government’s privatisation agenda, in the NHS alone private companies will take over £16 billion- worth of Government contracts to provide services previously carried out by the public sector. Those services will go to private companies that use the law to chill debate in a way that the NHS cannot. Atos frequently suppresses disquiet, and Baroness Hayter cited Serco in the other place yesterday.

I hope the judiciary is listening to this debate and has listened to some of the other debates, because as Ministers both in this House and the other place have repeatedly said, the courts should further develop the Derbyshire principle in line with the will of Parliament. That is an unsatisfactory position, however, and this is on the to-do list of things that would have improved the Bill dramatically, but I hope the courts will now extend Derbyshire to contracts between the private sector and the Government or local authorities, because that is in line with the will of this House. [Interruption.] The Minister has commented on that, as I have said.

It is thanks to Opposition Members that the Bill has been improved. No matter what is claimed on the Liberal Democrat Voice website, not once have the Lib Dems backed us against the Government. Indeed, yesterday in the other place in the vote on the Derbyshire aspect of what was amendment 2—[Interruption.] The Minister keeps chuntering about Derbyshire, but the issue here is clearly that the will of this House has been expressed on many occasions, but thanks to the Liberal Democrats supporting the Government, we are not able to take that forward. It is important to put that on the record. No matter what they say, it is all talk and no action from the Liberal Democrats.

This is now a better Bill, but it is not the best it could be, and we will need to return to it after Labour is re-elected to government in 2015—or sooner, I hope. It is the best we can expect at present, however, and that is a shame. I am disappointed—and also surprised, although perhaps I should not be—that the hon. and learned Member for Harborough (Sir Edward Garnier) has introduced his proposal. We will hear his observations on this matter in a few moments. We will decide whether what is before us is the best we can get today after we have heard the Minister’s final comments.

Oral Answers to Questions

Debate between Robert Flello and Helen Grant

Tuesday 5th February 2013 Commons Chamber

[Mrs Grant]

My hon. Friend makes a good point. I would also add that the special procedure measures that are now available in the form of pre-trial familiarisation visits, support from the witness service, separate entrances, exits and waiting areas, and access to a live link can help to reduce the stress and anxiety of going to court. We are considering what more we can do to improve support, including using new technology to change how evidence is given.

[Robert Flello (Stoke-on-Trent South) (Lab)]

The Minister said in her recent interview with The Times that she believes that the new Victims Commissioner

“feels a wonderful opportunity…to see victims put at the heart of the justice system”.

Is that why the Victims Commissioner will do only 10 days a month and why, two months after the announcement, she still has not started? Is the Minister not guilty yet again of failing victims of crime?

[Mrs Grant]

The Victims Commissioner is a very able woman who is able to multitask, like many of us. We have had a number of meetings with her and she, like me, wants to put victims and vulnerable witnesses at the heart of the criminal justice system, where they belong. We are prioritising victims of serious crimes, victims who are persistently targeted and the most vulnerable victims so that they get the support and care they need.

Oral Answers to Questions

Debate between Robert Flello and Helen Grant

Tuesday 18th December 2012 Commons Chamber

[Mrs Grant]

We are aware of that serious incident and I assure the hon. Gentleman that a full review of security has taken place at Liverpool Crown court. An action plan for improvement has been put together and good progress is being made. Training in search procedures for all G4S staff was provided last summer and its effectiveness is being monitored. Security arrangements are now operating to a required standard, but remain under careful review.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Security in courtrooms is one of the issues of great concern to victims and witnesses. The announcement of the new part-time victims commissioner is imminent—they will do just 10 hours a month—but does the Minister think that the new part-time commissioner will have time to consider security in courtrooms as part of this Government’s approach to partly putting victims at part of the heart of the justice system?

[Mrs Grant]

Victims will certainly be part of the heart of the justice system. An announcement will be made imminently to confirm the name of the new victims commissioner and I look forward to working with her very closely indeed. [Hon. Members: “Her?”] A lot of work is being done to improve security and safety in courts in addition to what I and the victims commissioner will do. Work has been done to improve security, including improvements to buildings, improved ways of working and improved education and training. The provision for the presence of a court security officer and enhanced risk management have also been helpful additions. We will continue to make sure that security is a priority.

Oral Answers to Questions

Debate between Robert Flello and Helen Grant

Tuesday 13th November 2012 Commons Chamber

[Mrs Grant]

We talked to them as a matter of routine. I will write to the hon. Gentleman with further details.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Having butchered the criminal injuries compensation scheme by £50 million, starving blameless victims of financial redress, will the Minister tell us when we will see the details of the hastily cobbled-together hardship fund? Will she also tell us whether the fund will be topped up when those in hardship exceed the mere 700 or so whom the scheme is likely to cover, instead of the 30,000 who will lose out as a result of these changes?

[Mrs Grant]

I am not going to take any lessons from a party that put this country in the most awful financial difficulties—[Interruption.] Absolutely not. The current system is not sustainable or sensible, and it needs to be simplified. As I have already said, the new victim surcharge will raise up to £50 million for victims services.

Defamation Bill

Debate between Robert Flello and Helen Grant

Wednesday 12th September 2012 Commons Chamber

[Sir Peter Bottomley]

I am grateful to the hon. Member for Stoke-on-Trent South (Robert Flello) for raising this subject. His amendment refers to there being

“a prima facia case that the statement complained of is defamatory”.

I think that is right. People ought to ask themselves whether there is a reasonable probability that the claim will be successful. In criminal cases, people are not brought to court unless there is a 50:50 chance or more of conviction.

We need to go further than the prima facia case, however. The court ought to hold that there is defamation, that it is actionable and that it is likely that a court case would end in success for the claimant. Too many cases are brought that will clearly not be successful when they come to a full hearing. That applies not only to booksellers—the category this amendment specifically addresses—but all the other types of case about which I have been concerned.

[Mrs Grant]

Amendment 8 would add two additional hurdles to overcome before a court had jurisdiction to hear a defamation claim against someone who was not a primary publisher. We do not consider this amendment to be appropriate. It would significantly limit the circumstances in which a court would have jurisdiction to hear an action against a person who was not the author, editor or publisher of a defamatory statement. To provide that an action against a secondary publisher can only be brought where it can be proved that the secondary publisher had knowledge that the statement was defamatory and that there was no defence would raise the bar for establishing jurisdiction to a very high level, and would tip the balance too far against the interests of the claimant. It could leave them with no means of restoring their reputation.

In addition, it would be very unusual to require a court to consider the substance of a case at the same time as determining whether to grant jurisdiction for the action to be brought. On that basis, I hope the hon. Member for Stoke-on-Trent South (Robert Flello) will agree to withdraw his amendment.

[Robert Flello]

I hear what the Minister says. However, I urge her to consider the amendment again, if I am not successful in the Division I shall now seek.

Question put, That the amendment be made.