Sarah Sackman
Main Page: Sarah Sackman (Labour - Finchley and Golders Green)Department Debates - View all Sarah Sackman's debates with the Ministry of Justice
(1 month ago)
Commons Chamber
The Minister for Courts and Legal Services (Sarah Sackman)
This Government inherited a criminal justice system in crisis, with record and rising Crown court backlogs. We simply cannot accept the intolerable delays currently faced by victims, witnesses and defendants alike. Sir Brian Leveson’s conclusion was clear and emphatic: it is only with investment, efficiencies and pragmatic structural reform that we can begin to turn the tide on the backlog and deliver swifter justice for victims. Those are the measures being brought forward in the Government’s Courts and Tribunals Bill.
Will the Minister confirm that the Deputy Prime Minister’s legacy is that he will be the first Justice Secretary in the United Kingdom to restrict the centuries-old right to jury trials?
Sarah Sackman
There is no right to a jury trial in this country; there is a right to a fair trial, and timeliness is a key ingredient of a fair trial. If someone has to wait years for their day in court, that simply is not fair, whether they are a defendant or a witness. Of course, there is precedent for this, including from someone who is perhaps the hon. Gentleman’s hero: the late, great Mrs Thatcher. The fact is that we have always made a policy choice about who can access jury trial, and we are going to make that policy choice again to deliver swifter justice for victims.
Chris Vince (Harlow) (Lab/Co-op)
There are concerns that the changes the Government have made will give more power to judges to make decisions on their own, so what is the Minister doing to monitor the impact of these changes and ensure that there is transparency at all stages? Can I add, following your comment, Mr Speaker, that we would like to see Harlow magistrates court reopen as well as Chorley magistrates court?
Sarah Sackman
My hon. Friend, as always, is an outstanding advocate for Harlow. Our judges take the judicial oath to act without fear or favour, which is why our judiciary is the finest in the world, but of course transparency matters, which is why the recording and transcription of proceedings and the review that we have committed to, to test the impact of our reforms, are so important. I observe directly the training that our judges receive, which is first class.
Nick Timothy (West Suffolk) (Con)
The Justice Secretary and his ministerial team say that the attack on jury trials is needed to deal with the backlog in the courts. When the right hon. Member for Makerfield (Andy Burnham) takes over and scraps the policy on jury trials, does the Minister predict that court backlogs will get worse?
Sarah Sackman
The hon. Gentleman mischaracterises the Government’s policy, as so many do. We are preserving jury trials as a cornerstone of British justice, but it is no justice at all if someone is waiting years for that jury trial. When witnesses and complainants pull out of the process and those trials collapse, that is no justice at all, whoever is in charge. The dereliction of duty by the Conservatives—the so-called party of law and order—allowed the Crown court backlog to run out of control. They buried their heads in the sand, but we will not do so. We will take on Sir Brian Leveson’s recommendations and make the difficult choices to bring down our backlog and deliver justice for the British people.
Nick Timothy
I listened carefully but do not think the Minister answered my question—[Interruption.] We will see, won’t we? I am replying to the Justice Secretary’s comment from a sedentary position. I think the Minister has just made it very difficult for herself to stay in the Ministry of Justice when the right hon. Member for Makerfield takes over. The Government are continuing to say that the attack on jury trials is vital and there is no alternative, but we know that is not what the next leader of the Labour party thinks. He has made it clear that he is going to scrap the policy, so will the Minister spell out what this means? She is saying that the right hon. Member for Makerfield is wrong, isn’t she?
Sarah Sackman
I think the hon. Gentleman is referring to an interview with my right hon. Friend the Member for Makerfield that took place in December, well before this House voted conclusively on Second Reading. Any ministerial team would have to take on this challenge. Unlike the Conservatives, we will not duck it. What my right hon. Friend the Member for Makerfield actually said was that we need to pause and reflect. The evidence base is clear. Sir Brian Leveson offered a blueprint. We cannot bring down the backlog without structural reform—[Interruption.] The hon. Member for West Suffolk (Nick Timothy) says we can. As so often happens, the Conservatives ignore the experts and the evidence. They crashed the justice system, and we know who suffers: it is the British citizen. We will not allow it.
Douglas Lumsden (Aberdeen South) (Con)
Max Wilkinson (Cheltenham) (LD)
The Minister for Courts and Legal Services (Sarah Sackman)
The Government are reforming the family justice system to better support families and children. We are rolling out the successful child-focused courts nationally. That means that in Northamptonshire, Coventry and Warwickshire, Northumbria, north Durham, Cleveland and south Durham, Lancashire, Cumbria, York and North Yorkshire, and Cheshire and Merseyside, you have a child-focused court coming to a court near you. We are developing a cross-system family justice strategy and legislating for new child safety measures that ensure child welfare continues to be prioritised.
Max Wilkinson
When family courts decide that care is to be split between parents 50:50, we might expect that fair financial arrangements follow. However, when courts make that ruling, and the Child Maintenance Service makes decisions based on which parent is the recipient of child benefit, one parent often finds they are significantly worse off than the other. Will Ministers have a word with their colleagues in the Department for Work and Pensions to ensure that the justice system and the CMS work more closely to achieve financial fairness for both parents in cases where courts rule for 50:50 care splits?
Sarah Sackman
In individual cases, how those financial settlements are made is a matter for the judiciary. I agree with the hon. Gentleman that, as in so many cases, the family court is downstream of decisions that have been made elsewhere, and it is quite right that there should be join-up between areas of Government. I am happy to take away his direction that we should liaise with DWP colleagues to ensure that child maintenance is addressed fairly.
Josh Fenton-Glynn (Calder Valley) (Lab)
Will the Minister reassure me that we remain committed to repealing in this Parliament the presumption of contact in family courts, to bring full justice to the 67 children murdered at the hands of abusive ex-partners with whom contact should never have been granted?
Sarah Sackman
We are resolute and committed to repealing the presumption of parental involvement in the Children Act 1989. The campaigning efforts of the likes of Claire Throssell have been little short of heroic, and we will redouble our efforts to ensure that the repeal of that presumption comes about through the Courts and Tribunals Bill.
Ms Julie Minns (Carlisle) (Lab)
The Minister for Courts and Legal Services (Sarah Sackman)
The law governing wills has not changed substantially since 1837. It is in that context that the Government welcome the Law Commission’s comprehensive and thorough review; we will be taking our time to consider it, and will respond in due course. Innovations such as electronic wills could improve accessibility and increase the number of people making wills, putting them and their loved ones in a more secure position.
In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death. Will the Government now commit to accepting the Law Commission’s recommendation that that archaic rule be abolished?
Sarah Sackman
I commend my hon. Friend on his work, looking at how we can combat predatory marriages and those who prey on the vulnerable. The Law Commission’s recommendation that the rule that marriage revokes a will be abolished is well evidenced. We will take a holistic look at the issue, but we will certainly consider carefully.
I welcome the hon. Member for Leeds North East (Fabian Hamilton) back after his operation. It is good to see him again, and I wish him a speedy recovery.
I thank the Minister for her answer. What steps is her Department taking to ensure that the insights and the drafting expertise in the “Modernising Wills Law” report are taken on board by the Northern Ireland Executive, to ensure families in Northern Ireland can benefit from similar modernised protections against predatory marriage through updated legislation?
Sarah Sackman
As we consider the Law Commission’s recommendations, we will of course consider how they might lead to law changes and law reform across the United Kingdom. However, where matters are devolved, we respect that as well.
Tessa Munt (Wells and Mendip Hills) (LD)
The Minister for Courts and Legal Services (Sarah Sackman)
The Government are committed to greater transparency and access to justice in our courts. Transcripts are an important part of that, and I know that there has been a lot of cross-party campaigning on this issue. Victims of sexual offences and bereaved families of homicide can already request a free copy of sentencing remarks. From spring 2027, eligibility will be extended so that all victims can request them.
Tessa Munt
I am particularly keen that this matter is progressed at speed, because the fees for victims who want to get their transcripts are eye-watering. My constituent is a victim of domestic violence and her barrister needs transcripts of her hearing in the family court now to appeal against procedural irregularities and errors in the published judgment, but the transcripts will cost her thousands of pounds. Will the Minister address this gross inequality and waive court transcript fees as soon as she can for all victims, including for the family courts—with the requisite redactions to protect anonymity of the parties—to ensure robust justice, transparency and fairness for all?
Sarah Sackman
I am sorry to hear about the hon. Member’s constituent’s case. Technology in this area is a potential game changer. However, as with all technological adoption, particularly in the justice arena, we have got to ensure accuracy for the very reason she says. The transcript has to be accurate, and redactions have to be made where necessary to protect individual participants in the case and to ensure reporting restrictions. That all has to be done safely, but I can assure her that the Ministry of Justice is progressing at pace with the adoption of AI, which will be a game changer in the years to come.
Perran Moon (Camborne and Redruth) (Lab)
I listened carefully to what the Minister has just said. Court transcripts are important to a victim’s sense of justice served, but does she agree that access to this very important information should never be dependent on the victim’s ability to pay?
Sarah Sackman
Equality before the law should mean just that, and as my hon. Friend says, it is an important principle to bear in mind when we talk about barriers to access to justice, whether we are talking about the cost of representation, which we try to address through legal aid, or about the cost of transcripts. In the current context, the targeted approach that we have taken—prioritising the victims of the most serious crimes, and now extending eligibility so that all victims can request court transcripts through the Sentencing Act 2026 from the spring of 2027—constitutes a big step forward. I hope that developments in technology will enable us to lower the costs and make that freely available to all in due course.
Jess Brown-Fuller (Chichester) (LD)
Charlotte Meijer will never have access to her transcript, because her case was heard in a magistrates court where no recording was made. The Government are seeking to address that, but Charlotte has continued to campaign for all victims of crime so that they can gain access to free transcripts, given that some are still being quoted costs of thousands of pounds. Her campaign, Open Justice for All, is calling on the Government to go further and faster to make the justice system fair, transparent and open.
This is a cross-party issue, and I know that many Back Benchers in the Minister’s party feel passionate about it. Will she assure the House that the job is not done, and recognise the desire for all court transcripts eventually to be made free and accessible for all victims?
Sarah Sackman
I know that the hon. Lady is a great advocate in this regard. I have had the pleasure of meeting Charlotte on a number of occasions, and I know how important her campaign is. The hon. Lady is right: owing to the Government’s commitment to audio recording and the capital investments that we are making to enable it to happen, change is coming soon and fast. We will seek to go as far as we are able while preserving the accuracy of those transcripts.
Bradley Thomas (Bromsgrove) (Con)
The Minister for Courts and Legal Services (Sarah Sackman)
I agree with the hon. Gentleman that our magistrates are the backbone of our justice system. I meet magistrates from across the length and breadth of the land, and I have met the Magistrates Association. We have to make being a magistrate more attractive. That is why our reform of their expenses, allowing for greater flexibility, is so important. We are transforming the application process and the training that magistrates receive to make it more attractive for people to volunteer their time. I want to put on record that we are incredibly grateful to our army of volunteers who keep the justice system going.
Jo White (Bassetlaw) (Lab)
Ranby Prison in my constituency is undergoing a £70 million expansion. The main prison car park is across the very busy A620 road. On 1 December last year, prison officer Phillip Tetley was knocked down and killed as he crossed the road to get to work. He leaves behind his wife Eve and seven children. Eve Tetley is campaigning for a crossing to prevent such an awful accident happening again. Will the Minister meet me and Eve to discuss this further?
Chris Coghlan (Dorking and Horley) (LD)
My constituent is here. Her ex-husband sexually assaulted her children, and attempted to murder them and her by removing the brake pads from her car, yet the court appeared to listen more to the abuser’s allegation of parental alienation syndrome, a concept discredited by the World Health Organisation, than her evidence. The abuser today has unsupervised access to the children. What steps will the Government take to prevent discredited concepts from obstructing criminal justice, leaving children at risk of rape and murder?
Sarah Sackman
I am grateful to the hon. Member for raising such a moving case, and I pay tribute to his constituent, who is here today. Let us be absolutely clear: the Government’s position is that parental alienation has no evidential basis and is a totally discredited concept. We are working carefully with the Family Procedure Rule Committee to limit the instruction of unregulated experts, including those who hold that they are parental alienation experts. I hope that will ring the changes and prevent this sort of thing in future.
I welcome the announcement from the Deputy Prime Minister today about changing the disparity in sentences for domestic homicide. Carole, Julie and Elaine have campaigned tirelessly for this change, following the murder of their daughters, and it will make a huge difference to how violence against women and girls is treated in this country. The campaigners have met seven Lord Chancellors, and the Deputy Prime Minister is the first of them to commit to doing this. Can I implore him to do it as soon as possible? It is this Labour Government who are committed to tackling violence against women and girls.
Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)
One of my constituents experienced horrific abuse at the hands of her ex-husband. Deepfakes were put online on porn sites. This is something he did to other women as well. He is now in prison, but when my constituent tried to divorce him, she could not get access to legal aid for the arbitration service, or to further legal aid, because of his bail conditions. Will the Minister meet me to discuss access to legal aid for people who have suffered domestic abuse in such circumstances?
Sarah Sackman
Of course I will meet my hon. Friend about that case. She is a tremendous advocate for her constituent. It is important to say that we have ensured that legal aid is available for domestic abuse victims, and we have also changed the evidence thresholds that must be met in order to access that aid. I will look into the case that she raises, and I look forward to meeting her to discuss it.
Olly Glover (Didcot and Wantage) (LD)
Following an attack that led to long-term mental and physical health difficulties, a constituent got a disappointing offer of compensation from the Criminal Injuries Compensation Authority, after a two-and-a-half-year delay. It took an appeal and my intervention for her to finally be offered fair compensation. What steps will the Minister take to ensure that victims of crime receive a good service when applying for criminal injury compensation?