(4 days, 6 hours ago)
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(Urgent Question): To ask the Secretary of State for Justice if she will make a statement on her plans to restrict trial by jury through the creation of a Crown court bench division and related sentencing changes.
This Government inherited a justice system in crisis, with record and rising backlogs in our criminal courts, leaving victims in limbo as they wait to see justice done. For that reason, the Lord Chancellor commissioned Sir Brian Leveson to undertake a once-in-a-generation review of the criminal courts. We are grateful to Sir Brian for all his work. His report confirms that the system we inherited is broken, and that if we do nothing, it will collapse. We welcome the ambitious recommendations that he has put forward, and agree that a crisis of this scale requires bold action. We must consider any measures that will put our courts on a more stable and sustainable footing. Victims and the public deserve swift justice and a court system that they can have confidence in.
We will carefully consider Sir Brian’s recommendations on jury trials, along with everything else, before providing a formal response to Parliament in the autumn. Jury trials are and will remain a cornerstone of British justice, and will remain in place for the most serious cases. However, justice delayed is justice denied. The system was not designed for a scenario where tens of thousands of victims wait years for justice. The Lord Chancellor and this Government are committed to turning the tide on the Crown court backlog by the end of this Parliament and creating a sustainable justice system fit for the 21st century.
All of us agree that justice delayed is justice denied. That is why it is so important to get control of the court backlog. No one pretends that this is straightforward, but the Government have made the crisis worse. The backlog is at a record high, and accelerating, with 750 cases being added every month. Sir Brian Leveson’s review rightly acknowledges that we must increase the number of court sitting days. We thank him for his work and welcome many of his recommendations.
However, it cannot be right to give another sentencing discount to those convicted of crimes such as burglary and stalking. That could see criminals serve as little as a fifth of their sentence, when combined with the Gauke review—20% of a sentence served. Is that justice for victims? Out of court settlements for drug dealers and thieves mean that they will not even get a criminal record. It makes a mockery of the justice system.
Just as concerning is the proposal to scrap jury trials in many cases. The report admits that this will have only a “limited effect” on the backlog. It will save just £31 million—0.2% of the Department’s budget. As the report states, there is no limit to the cases for which jury trials could be scrapped. This is a slippery slope towards abolishing jury trials altogether.
Jury trials have been a central part of our constitution for centuries—in Magna Carta, and indeed before it. They are a gift that we have given to the world. To throw them away so casually shows a total disregard for our constitution, and for such limited benefit. It seems that too many on the Government Benches want to scrap jury trials regardless of the backlog, because they do not trust the British public’s instincts on justice. They say that judges know best; we say that the public know best. It does not have to be this way. The Government must take up the Lady Chief Justice’s offer of more sitting days. Will the Minister rule out yet another sentencing cut for criminals? Will she rule out letting drug dealers and thieves avoid even a criminal record? Does she accept that scrapping jury trials is a disgraceful and unnecessary rejection of one of our country’s proudest and most ancient liberties?
What I did not hear in any of that was an apology. It is extraordinary to hear that the shadow Justice Secretary has suddenly discovered a sense of urgency, but where was that sense of urgency in the past 14 years? The so-called party of law of order allowed two things to happen. First, it took our prison system to the brink of collapse. That let down the public, and it let down victims—soft on crime, and soft on law and order. Secondly, it allowed the backlogs in our Crown courts to run out of control to record highs.
For 14 years the Conservatives did absolutely nothing, so let me explain the contrast with a party and a Government who are gripping the crisis and who are tough on law and order. We commissioned one of their own—Sir David Gauke—to give us his sentencing review. We commissioned one of our most revered judges, Sir Brian Leveson, who today has set out his recommendations. We will not provide our policy response today, because that demands and requires seriousness—not what we hear from the shadow Justice Secretary, but serious, careful analysis—and we will provide our formal response to the House in the autumn.
But we are not delaying. We are not waiting; we are investing in the system. To take up the challenge from the right hon. Gentleman about what the Lady Chief Justice said, we have already done what the previous Government failed to do, with an additional 4,000 Crown court sitting days and a record level of 110,000 sitting days a year—up from what the so-called party of law and order gave us. We also understand that we need proper system capacity. As we heard from the Lord Chancellor yesterday, this is not simply about adding more Crown court sitting days; as Sir Brian Leveson tells us—had the right hon. Gentleman bothered to read the report—we cannot simply sit our way out of this crisis.
We have to build system capacity—more judges, more prosecutors, more defence lawyers, and more court ushers. Of course we need to invest in the system, which is what the Government are doing with a promise of £450 million into our courts, additional to what the Conservative party provided. We are staying laser-focused on our mission, which is to provide swifter justice for victims, and restore public confidence in a justice system that was left to rack and ruin by the Conservative party.
The right hon. Gentleman has jumped the gun: we have been very clear that we are going to consider Sir Brian’s careful and detailed report, and we are going to listen to those who represent victims, and to the barristers and judges who do such an exceptional job. We will do what it takes for the victim who, if she reports a rape or serious crime, is told that she will have to wait until 2028, or 2029 in some cases, for her day in court. That is unacceptable, and that is why we will do whatever it takes, with the seriousness that the previous Government simply failed to have.
What Sir Brian’s comprehensive report demonstrates is the terrible state that our once envied criminal justice system was left in by the shadow Lord Chancellor and his colleagues. Does my hon. and learned Friend agree with Sir Brian that digging ourselves out of the hole in which they left us will require more investment, greater efficiency and structural change? Is that the debt that we owe to victims of crime in particular, to ensure that they get justice? It is up to this Government to put right the wrongs that have been done over the past 14 years.
As ever, my hon. Friend the Chair of the Justice Committee, gives a considered response and he is absolutely right. There needs to be a recognition of the scale of the problem and two things are required: investment and reform. When hon. Members read the report, they will see that Sir Brian is very clear that we need investment. This Government are already beginning to make that investment, through the additional Crown court sitting days that we have laid on this year; running the system at system max; additional funding for legal aid lawyers and criminal legal aid; and £92 million to keep the sector going, on both the defence and the prosecutorial sides. We are making that investment but, critically, as Sir Brian makes absolutely clear, that alone will not be enough. We need to consider once-in-a-generation structural reforms that will run a sustainable, proportionate system that will allow us to deliver swifter justice for victims. Investment and reform: that is what we will be getting on with and that is what we will report on in the autumn.
The Minister will know the high regard in which I hold her. With that in mind, does she, in her own heart, believe that intermediate courts will fix the criminal court backlog, or does she agree with the legal profession that that risks being a costly distraction from investing in the existing system? Does she agree with me that chipping away jury trials in the name of speed risks undermining the cornerstone of British justice?
As I said in my opening response, jury trials will remain a cornerstone for British justice for the most serious cases but, as Sir Brian Levenson evidences in his careful report, juryless trials can be swifter trials. To put that into context, 90% of criminal trials in this country are currently heard without a jury—that is how our criminal justice system currently functions. Of course it is right that we listen to those who participate in the system, whether they are prosecuting or defending those in the system, but it is also right that we listen to the voices who have welcomed today’s report: the head of the Met police, former Lord Chancellors, a former Lord Chief Justice and the Victims’ Commissioner. Their voices matter too. Just as Sir Brian has done, we need to consider a package of measures capable of alleviating the acute crisis in which we find ourselves.
Does my hon. and learned Friend agree that trial by jury is, and will always remain, a fundamental concept of our British justice system, but we also need to ensure that we restore victims’ faith in the system, and do what we can to ensure justice is not denied by justice being delayed?
My hon. Friend is absolutely right. The shadow Secretary of State for Justice quotes Magna Carta, but the state’s obligation is to ensure a fair trial, and essential to a fair trial is timely justice. In circumstances where some victims of crime are waiting two or three years for their day in court, that is not fair. In fact, that is resulting in many victims pulling out of trials, rendering court time wasted and retraumatising those victims. What the shadow Secretary of State for Justice has not read is the entirety of Magna Carta. I quote:
“To no one will we…delay right or justice.”
The right to a timely trial is embedded in Magna Carta, and we need to get back to delivering it.
In his urgent question, the shadow Secretary of State for Justice said that “the public knows best”. For once, I agree with him, which is why the public threw out the last Conservative Government after they crashed our criminal justice system.
Yesterday, I made the case for safeguarding the guarantors of our justice system—our jury trials. However, today, on behalf of the Liberal Democrats, I want to raise our concerns that reclassifying certain offences and drawing on magistrates to run the new intermediate courts risks putting unbearable strain on the magistrates courts, jeopardising their ability to deliver swift justice, especially for survivors of domestic abuse crimes. Before adopting any new proposals, will the Minister publish an impact assessment of the measures on victims in magistrates courts, and will she rule out any measures that will delay justice, safety or freedom for survivors of domestic abuse?
The proposal for the reclassification of certain offences in Sir Brian’s report is just that: it is Sir Brian’s recommendation. As I have said already, we need to take those recommendations away and consider whether they are appropriate for our justice system. The hon. Gentleman is right to highlight the essential role that the magistrates play in our criminal justice system. Currently, some 90% of criminal trials are heard in our magistrates courts and they do a phenomenal job. That is why we are continuing to recruit 2,000 magistrates annually and we want a more diverse magistracy—all of that will be essential. He is right that these proposals, which Sir Brian has conveyed as a package, need to interlock and to be operable together, so we are taking the summer to engage with stakeholders, such as the Magistrates’ Association, to ensure that we get this right.
With the Crown court backlog that we inherited at such high levels, and continuing to rise, does the Minister agree that tackling it means not just adding more sitting days but making fundamental reform?
The crisis that we inherited in our criminal courts, with record and rising backlogs, is intolerable. The human impact of that on people, whether they are victims, witnesses or they serve in the criminal justice system, is simply intolerable. If we do nothing, as the Conservative party was all too willing to do, the system will, in the words of one of its own, former Lord Chancellor Alex Chalk, become “irrecoverable”. It is not enough to sit our way out of this crisis—we must have radical structural reform as well. That is the abiding lesson of Sir Brian’s report, and we will take it on board.
We should thank Sir Brian for his report and carefully consider his recommendations. Criminals already get a one-third discount for an early guilty plea, and the idea that that should be increased to 40% risks undermining trust in the criminal justice system by victims. Jury trials are a centuries old cornerstone of the British justice system. The creation of an intermediate court to save £35 million is not worth it, when we have 81 empty courtrooms, and judges available and ready to sit. We need to build capacity and make the jury system work.
I agree with the hon. Gentleman that we all owe a debt of gratitude to Sir Brian Leveson and his team for the comprehensive review that they have undertaken, to which the Government will be giving due consideration over the summer, before we formally provide our response. We have to ensure that whatever package of proposals we take forward knits together with the recommendations from the Gauke review and the outcome of the spending review that the Ministry of Justice has received, with a commitment to make an additional investment of £450 million in our courts. I want to address his point about intermediate courts: they are not about saving money, but about addressing the backlog, delivering swifter justice for victims and having a criminal justice system in which the public can have confidence. If this package of ideas is right and will achieve that aim, we will pursue it.
I spent the first 20 years of my professional life in the criminal courts as a barrister. There is no one who loves the criminal justice system, or who has more respect for juries, than I do. However, the courts now are not what they were. The delays are so appalling that defendants just plead “not guilty”, because they know that their case will not come up for years, and the chances of actually facing justice are minimal. It is in that extreme state, which we have inherited from the Conservative Government, that radical action is needed. I know that my hon. Friends on the Government Front Bench feel as I do about the criminal justice system and want it to work, so when they are looking at Sir Brian’s recommendations, will they consider a sunset clause? If his recommendations work, there will come a time when we can increase the amount of jury service again.
My right hon. Friend speaks with huge authority and personal experience of how our Crown courts operate. Like us, she is committed to restoring and rebuilding our criminal justice system to what it once was, and to a system fit for the 21st century that the public can have confidence in. That means adapting our methods, taking on new technologies and becoming more efficient. All of that will come in the second part of Sir Brian’s review, as we have asked him to do. I will not pre-empty the response or give a running commentary on it, but all those things will be taken into account as we consider our response over the summer.
Last year, I was on a jury. We all know that we need to get the court backlog down, but my experience at Reading Crown court was that the availability of jurors really is not an issue. Many of us sat there for hours upon hours, and several jurors were dismissed on the Thursday, having never set foot in a courtroom. Before we restrict the number of jury trials, what work have the Government done to actually understand the utilisation of jurors to see how many are being used and whether they could be used more effectively?
I thank the hon. Gentleman and all those who perform the civic duty of participating in a jury for their service. As I said, that will remain a cornerstone of British justice for the most serious cases, but that is not the issue. The issue is that demand coming into the system simply outstrips the rate at which the courts are able to address and dispose of those cases. We need to look at the system capacity, the amount of judicial time, the number of prosecutors and defence lawyers, and the availability of suitable court buildings, ushers and criminal legal aid. We need all that system capacity, and we need to get it working together to address the challenges that others have outlined. I remind the hon. Gentleman that not only are 90% of our criminal trials heard in magistrates courts, but it remains a fact that magistrates courts deliver a turnaround of cases on average four or five times faster than in Crown courts. That is swift justice for victims, and that is why we need to look at whole-system reform.
My constituents have a very simple view of the criminal justice system: they want to know that the victims of crime will have their day in court and that the perpetrators will have a punishment commensurate with the crime they commit. That underpins their faith in the system, so they come forward to report crime. While the Conservatives seek to talk down the justice system, will the Minister set out what she and her Department are doing to ensure that victims of crime feel confident enough to come forward to report crimes, hopeful that they will get the outcome they want?
My hon. Friend speaks so passionately on behalf of his constituents. I think the public ask for something really simple: if people are unfortunate enough to be the victim of a crime, they expect to have their day in court in a timely fashion, not to be made to wait for years, only to find that the trial has become ineffective and is put off for yet another year. That undermines faith in the system, and that is what is so detrimental about the neglect and under-investment under the Conservatives. That has been so corrosive of trust in the justice system. It is not simply that we are not delivering swift justice for victims; it is that the public risk losing faith in our justice system, which to date has been one of the glories of this country.
Does the Minister agree that one of the worst features of the US justice system is the extreme process of plea bargaining, which gives such a huge differential if somebody pleads guilty that it creates a perverse incentive to do so, even if they are innocent but not confident that they will be acquitted? Can she guarantee that we are not going down that route, with a 40% discount for pleading guilty coupled with early release for other reasons?
English common law and our commitment to the rule of law with our independent judiciary are part of what make this country great. We are not going to ape the American system, or indeed any other system. We will look carefully at the recommendations of Sir Brian Leveson’s report, including in relation to the use of Goodyear indications, but we know that our law is robust. Provided that we have a justice system that is up to the task of enforcing that law, that is what we are really focused on.
Under the Tories last year, 60% of rape victims dropped out of their cases because they were left waiting years for justice. We finally have a Justice Secretary who has put victims first and allocated the highest number of sitting days on record. Given all the outrage from the Conservatives at the size of the backlog, I am really keen to know what they did. Will the Minister answer what this Labour Government are doing to get justice for victims quicker?
My hon. Friend is absolutely right. We talk about sitting days and backlogs, and it can all sound a little arid and academic, but it comes back to people. The fact that so many victims of rape and serious sexual offences pull out of the process is testament to the fact that the system is not working. That is the direct consequence of allowing the backlogs to run out of control. We have to keep victims engaged in the process, which is why we have invested specifically in victims services and why we are looking to strengthen the victims code. Ultimately, victims want swift justice. That is why we will take a careful look at Sir Brian’s recommendations and do what it takes to bring down the backlog.
Magistrates courts are already under significant stress: some 22% of trials do not go ahead on the day that they are listed. Removing the right to choose a jury trial for sentences of under two years under an intermediate court cannot reverse years of underfunding, the closure of local courts and severe staff shortages, from prosecutors to defence advocates. The consultation on the reform of local justice areas proposes to merge three north Wales benches, against the advice of local magistrates. Does the Minister recognise the risk of yet further disruption to justice in Wales?
The right hon. Lady has described how important the role of the magistrates courts will be and the importance of whole-system reform. The Government are not looking to tweak one aspect—to tweak what goes on in the magistrates court or the Crown court. One of the geniuses of the magistrates court is the local link and the fact that it delivers local justice, so we will look at that carefully, but there is no getting away from it: the scale of the problem, and what Sir Brian’s report tells us, means that we need whole-system reform of the criminal justice system, from beginning to end.
I thank the Minister for her statement and for the recognition of the importance of magistrates courts. Sadly, Harlow magistrates court was closed by the previous Government—as was Chorley magistrates court, of course. I recently spoke to a police officer in my constituency who has been a police officer for three years. He is being asked to gather evidence to go to court for crimes committed before he was even a police officer. Is it any wonder that victims have lost confidence in the system? This Government need to ensure that we have fundamental reforms to this process to ensure that people in my constituency get the justice they deserve.
I come back to the fact that this Government are investing in our court estate. We have invested an additional £20 million in our court buildings for maintenance and to keep the show on the road, but my hon. Friend is absolutely right: the delays will reach a tipping point if we choose to do nothing about them, and that is simply not an option. The obligation on the state is to deliver a fair trial, and timeliness is critical to that. The longer the wait, the more likely it is that victims will pull out of the system and that the evidence becomes undermined, because people’s memories fade. That is why timeliness and getting the delays down is so critical to the mission we have to pursue.
Here we go again. Labour always talks tough on crime and always goes soft. The Minister talked about David Gauke as one of our own, as if that was some defence—I assure her that I probably have more in common with her than I do with David Gauke. That is not a good way to show off credentials on being tough on crime. I have seen at first hand where the courts, the police and the Crown Prosecution Service work together to cut through all the bureaucracy and backlogs to get tough on crime. In Lancashire, 23 organised crime gang members were being taken off the streets every single week through Op Warrior, with many remanded straight into prison and their cases going through the courts. I plead with the Minister to rule out as soon as possible any of the measures recommended that would see those organised crime gang members potentially not even getting a criminal record.
It is a bit rich to accuse those on the Government Benches of being soft on crime. The hon. Gentleman’s party allowed the prisons to run hot and added 500 prison places in 14 years—we have committed the money for 14,000. That simply does not stand up to scrutiny. The Conservatives allowed the backlogs in the courts to simply run out of control, to the point where Alex Chalk—again, another of their own—pointed out that the position would become irrecoverable. That is the consequence of doing nothing. Being tough on crime is about rebuilding and investing in our criminal justice system, investing in prisons and our courts, delivering on the tough reforms that will be required to deliver swifter justice for victims and getting tough on exactly the sorts of gangs that the hon. Gentleman describes.
After 14 years of Conservative government, victims of rape and serious sexual crimes are waiting years to see justice. It appears that the shadow Justice Secretary has recently discovered that our criminal justice system is broken. When does the Minister think he will discover who broke it?
Order. Mr Stuart, I do not need any challenges from you. You should know better; you are on the Speaker’s Panel of Chairs. You really do have to think about what you are saying. Your behaviour is getting intolerable.
When the Victims’ Commissioner, the London Victims’ Commissioner and those who engage and support victims through victim services tell me that we have to take this opportunity for once-in-a-generation reform, because we are letting victims of crimes down, I take that more seriously than any other pleas for change. It is absolutely obvious that the delays from running a system with such record and rising backlogs and the failure to invest have real consequences for people’s lives. People are pulling out of the system and out of the process because they have simply lost faith in it. I will be thinking of their voices—of the victims—every day that we consider these proposals and drive them forward. Failure is not an option.
I have caution about stripping back jury trials, so I ask the Government to commit to tackling court backlogs by investing in more court capacity, particularly in Bristol and the west country, by supporting rehabilitation to stop reoffending and people coming back into the system so quickly, and by addressing the root causes of crime. Will the Minister consider that under the Leveson proposals, there may be space for some of the best examples of the US courts system? Some states have next-day hearings for domestic abuse cases, where courts can catch perpetrators in the window of remorse, when they will recognise their guilt and accept that they need to change.
The hon. Member is right that as we take forward and are ready to announce the package of reforms in response to Sir Brian’s review, we will consider how we can take forward the best of our existing system and, indeed, learn from other systems. Whether that is intensive supervision courts, where we have seen some good results, or tackling the root causes that lie behind crime and engaging in preventive measures, we should be doing all that. This is our opportunity. We have reached a point of crisis. We have reached the point of emergency—no more, no less—as a result of the inheritance from the previous Government, but we have got to take the opportunity to build back better, with a more sustainable and more innovative justice system that the public can have confidence in and that protects the public. That is what we must do. The hon. Member is right: we should learn, we should listen and we should build something better.
As I think Members across the House would agree, Alex Chalk, the former Lord Chancellor and Justice Secretary, was taken seriously in this place, as were his opinions. He recently said that some cases
“could conceivably be dealt with by a judge and two wingers, so reserve the Crown court for the most serious cases… It is helpful to look at which cases should be triable either way and which should be summary only.”
Does the Minister agree that it is worth taking note of serious voices like Alex Chalk, rather than the opportunism of the shadow Justice Secretary?
This issue is far too serious not to take seriously. I listen to voices, such as those of the former Lord Chancellor, former Lord Chief Justice Sir Ian Burnett, the Victims’ Commissioner and Sir Mark Rowley. They are all saying that we have got to take these matters and these recommendations seriously. It is that serious work that this Government will engage in, and we will not duck the difficult decisions.
The Minister rightly points to the comparative inefficiency between Crown courts and magistrates courts. The clear issue is that we need new technology to be introduced to Crown courts, so that people who are on trial and victims are served faster, quicker and more expediently. The reality is that many cases collapse as a result of the evidence not being sufficient or brought fast enough. Why, then, has the Minister allowed the efficiencies part of the Leveson report to be delayed? That could bring forward much-needed recommendations that we could action to cut the backlog.
The hon. Member raises an extremely helpful point, which is about how we can improve efficiency in our courts through the use of technology, including technology that is improving rapidly before our eyes. For example, the Ministry of Justice is piloting the use of AI technology in some of our tribunals for transcription. How could that be utilised and rolled out more widely across courts and tribunals? He is absolutely right, but Sir Brian and his team, to give them their credit, have worked incredibly fast to produce a detailed, careful and well-evidenced report today. He will continue with part 2 of his review. Our job in the Ministry of Justice, as we develop our policy thinking, will be to bring those two parts of the review together to improve our criminal justice system.
Some may say we are old school in South Norfolk, but I call it common sense. Criminals should be punished and victims should get their day of justice. Simply hoping that more sitting days will fix the Crown court backlog is not realistic, so I urge the Minister to be radical and ensure that offenders are punished and victims get their day in court.
I can tell that my hon. Friend has taken the liberty of actually reading the report, because he has identified the central premise and argument that Sir Brian Leveson, one of our most distinguished judges, makes in it, which is this: we cannot simply sit our way out of the crisis we have inherited. We need to carefully consider once-in-a-generation structural reform. We have got to combine that with investment, too, which this Government are already doing with the 4,000 additional sitting days that we have added, over and above what the previous Government agreed. My hon. Friend is absolutely right: it is about investment plus reform.
Does the Minister accept that changes to fundamental rights, such as trial by jury, in one part of the United Kingdom could create serious divergence across jurisdictions and raise questions about equal access to justice for citizens in Northern Ireland?
As the hon. Member well knows, justice is a devolved matter, and it is right that decisions involving justice are taken at the correct level, but I assure her and the rest of the House that the state’s obligation to provide a fair trial is paramount. Whether, as is currently the case, someone’s case is heard in the magistrates court without a jury, or whether, as for the most serious cases—and as will continue to be the case—a case is heard with a jury, the point is that the state must deliver a fair trial. The question of equal access to justice therefore simply will not arise.
Yesterday, the Bar Council facilitated a useful conversation with local barristers in the south-west. I think they have some reservations, but I will leave them to make representations. One thing that they did say, which I urge the Minister to feed into the provisions of the second half of the report, is about the efficiency of the forensics service and the transfer mechanism to bring prisoners into the courts. The delays and inefficiencies there, and the contracts that are laid that set out those services, can have a material impact on the efficiency of the court service. I urge the Minister to make sure that that is focused on, because that could have a massive impact. I have grave concerns about where things are.
Finally, as Chief Secretary to the Treasury, I allowed—against advice—Alex Chalk and his predecessor to make some capital-to-revenue switches in their budgets to deal with the urgency of this problem. I hope that is helpful to the Minister in her negotiations with the Treasury going forward.
I thank the right hon. Gentleman for his typically helpful and constructive contribution. We are talking about a system that has so many moving parts, and that is why we will not give an instant response to Sir Brian’s review or to some of the points that the right hon. Gentleman raises. It is clear that we have got to get the whole system working.
In that vein, let me address our professions and our criminal Bar, who do a sterling job. I have engaged closely with the Bar Council and the Criminal Bar Association, and we need to do this in collaboration with them. It will be a team effort to rebuild our criminal justice system, and we will continue to engage over the summer as we bring together the necessary reforms to bring down the backlogs and deliver swifter justice for victims.
I sympathise with the Minister’s frustration at the Tories’ brass neck. There is clearly a crisis in the criminal justice system, and it is clearly of their making. However, rather than undermining the jury system, we need to invest in our courts. Does the Minister agree that this is all about priorities? Is she going to use her limited budget to build more prisons and simply produce more prisoners, or use that limited money to invest in the criminal justice system and restorative justice?
As I have made clear, we are investing in prison places. Only 500 were added in 14 years under the last Government, but we have committed money to the building of 14,000 new prison places as well as comprehensive sentencing reform. We have also committed £450 million to investment in our courts, whether it is used for court maintenance, additional funds for criminal legal aid, or additional—and now record—Crown court sitting days. However, as Sir Brian Leveson tells us, that is insufficient. That alone will not see a reduction in the delays affecting the victims about whom we have heard so much today. We must do what it takes, which necessitates both investment, which we are already beginning to make, and reform.
As a member of the Bar, I say this plainly: removing the right to jury trials is a reckless constitutional shortcut. As the Criminal Bar Association puts it, is not reform but retreat. Does the Minister agree that the right to choose between a jury and a judge-led trial must never be denied, and that the real solution lies in investing in the system that we have rather than dismantling its very foundations?
I respect the hon. Gentleman as a fellow member of the Bar, but I also respect the views of Sir Brian Leveson, the Lord Chief Justice, the former Lord Chief Justice Sir Ian Burnett, and many other august legal minds who have themselves done so much to preserve our fundamental constitutional principles. What they understand is this: 90% of our current criminal trials do not take place with a jury, but what really is unfair, and what really does undermine fundamental constitutional rights, is a failure to deliver a timely trial. If the hon. Gentleman is asking victims of crime, or even those wrongly accused of a crime who want to clear their names, to wait two or three years for their day in court, that, I believe, is a denial of a constitutional right.
I thank Sir Brian Leveson for his work and applaud all efforts to speed up the system, but what reassurance can the Minister give my constituents, who will see a reduction in access to jury trial as the beginning of a slippery edge leading to an ever greater erosion of one of the fundamental liberties and glories of this country?
We are not setting out our policy response to the specific recommendations in Sir Brian’s review today. What we are recognising is his central thesis, which is that at present victims, including those in the right hon. Gentleman’s constituency, are being thoroughly let down by the delays that were allowed to accrue by his own party. With that in mind, I think it is clear that what we have to do is continue to make the record investment that we are already making, but combine it with structural reform—a package of reforms—that will not only drive efficiency but, fundamentally, deliver the swifter justice for victims that I believe we all wish to see.
I share the concern about delays in justice—no rape victims should ever have to wait five years for their day in court—but I am seriously concerned about the limiting of trial by jury and how it could dent confidence. As the Minister considers these reforms over the summer, will she please give some thought to more serious investment in rehabilitation and resettlement work? The LandWorks project in my constituency has a reoffending rate of 5%. If we could roll out that type of work, we would reduce crime, which would relieve backlogs in the courts, and everyone could have their day in court more quickly.
The holistic type of support involving the preventive interventions that the hon. Lady has described is exactly the sort of provision that we are considering, in combination with the investment and structural reforms that will also be needed. I know that my colleague in the other place, the Prisons Minister, is taking on board precisely that sort of package of rehabilitation models so that we can break this endless cycle of reoffending.
Over the weekend the Prime Minister rather pathetically told the BBC that he was “a hard bastard”. I think members of the public would find it surprising that letting criminals out of prison early is a way of showing that he is.
The Minister has said, not unreasonably, that she wants time to consider Sir Brian’s recommendations, but it is the case that some things are clearcut. Will she take this opportunity to rule out reducing sentences by 40% for criminals who plead guilty?
I think that the Prime Minister probably is a hard bastard, and I think that we on this side of the House are tough on law and order. We would never allow what the Conservative party allowed to happen, running our prisons to the brink of collapse. At the point when we inherited the prison system, there were simply not enough places for us to lock up some of the most serious and dangerous criminals who had perpetrated crimes in this country. It is absolutely scandalous. What we are going to do—as the hon. Gentleman has rightly pointed out—is engage in the serious business of developing policy and of government. We are going to consider the detailed policy recommendations, and of course we must consider how they interact with David Gauke’s recommendations: it must be knitted together, and it must be appropriate to deliver swifter justice for victims and to protect the public.
Jury trial has been deeply embedded in the British psyche and, indeed, in our constitution since Henry II, who introduced it in order to deal fairly with land disputes. It is also embedded in the United States constitution through the sixth amendment, to protect against biased judges and oppressive prosecutions and to safeguard individual liberties. I have severe doubts about our judiciary at the moment—I am not sure that it is going in the right direction—and when I read the “Adult Court Bench Book”, it gives me even greater concern. As the Minister probably knows, jury trial is already under threat in defamation cases. I have three questions. Why do the Government appear to be so terrified of decent British people sitting on juries? Are the Government intent on further undermining jury trial. If they are, in any way, will they please undertake to hold a full debate in the House before it happens?
If the hon. Gentleman had heard my earlier answers, he would know that I made it clear that jury trial would remain a cornerstone of British justice in the most serious cases. In his review, Sir Brian Leveson considers whether a jury trial is appropriate and proportionate when it comes to, for example, some of the most complex fraud cases. He also considers whether it is proportionate when, say, someone has stolen a bottle of whisky. Is it appropriate to hold a full jury trial, with all the expense and delay involved, when it means that someone who is, perhaps, a victim of rape is waiting two or three years for their day in court, or, indeed, that that day will never come? However, as I said at the start, what I can undertake to do is this: when we are ready with our package of reforms and our response to the review, we will return to the House and a full debate can be had.
The jury system is essential to protect us against oppressive judges, malicious individuals—sometimes malicious police officers—or even Governments. The Minister speaks of the most serious cases. Is it not a fact that the most serious impact on individuals may result not necessarily from what she may regard as the most serious cases, but from any case that goes to court? The impact on the individual can totally change the course of that person’s life, even if the charge is not as serious as the Minister might consider it to be. It can be devastating to the person’s family life, career, or any other aspect of his or her future.
As the right hon. Gentleman knows, and as I said earlier, 90% of cases in this country already happen without a jury, and no one says that that is not delivering justice of the highest robustness and integrity. Let me pick up his comment, and indeed earlier comments, denigrating the integrity and independence of our judiciary. Members will not hear that sort of criticism from this side of the House. Our judiciary is, in fact, one of the prides of this country. It is why people so respect the rule of law, and why the United Kingdom is such a great place in which to do business. I will not talk the judiciary down. We need them and we respect them, and on this side of the House we will adhere to that.
The Justice Secretary talks about the need to expedite trials for the sake of victims of crime, and she is absolutely right. As she considers the proposals from Sir Brian Leveson, will she take into account those who are innocent and who stand wrongly accused, who are having to wait anxiously for years for their day in court?
The hon. Gentleman makes a very good point. Our focus is on victims of crime, who in some cases are waiting years for their day in court, but on the other side of the coin, defendants who are accused of a crime—perhaps wrongly—are waiting to clear their name. That can have a devastating effect. What he describes is the human impact of the delays that have accrued as a result of the backlogs that we inherited from the Conservative party.
As a barrister working in criminal courts, I have often addressed the jury in closing speeches by saying, “Members of the jury, we have the best legal system in the world, and it is the best because you make it so. You bring your wisdom, your life experiences and your common sense, and you apply it to the facts in this case. Before you decide a verdict of guilty, bear in mind that if you or a member of your family were sat in the defendant’s seat, you would need to be sure before you returned a verdict of guilty. As a peer, that is an obligation on you.” I get the Minister’s point that justice delayed is justice denied, but equally, there is the principle that justice must not only be done, but be seen to be done. Sir Brian Leveson has been given a basic mandate that we need to speed up jury trials, which will eliminate the fundamental principles and the cornerstone of our legal system. Does the Minister agree with that?
As I have said, the jury trial will remain a cornerstone and pillar of our justice system in the most serious cases, but what Sir Brian Leveson tells us in the opening pages of his report is that the current system is broken, and he uses the word “essential”. He says reform of the system will be essential, because although we rightly take pride in the principles that underpin our criminal justice system, the fact is that it is simply not working at the moment. It is letting down those whom it is intended to serve and those who serve within the system, and we have to fix that. We will take our time, and then we will act on the programme of reforms that Sir Brian Leveson has recommended today.
For over 50 years in Northern Ireland, we have had judge-only trials in terrorist cases, probably for understandable reasons. All non-terrorist cases have been jury trials. In my professional life at both the junior and the senior Bar, I have practised before all those courts, and my experience firmly confirms to me that public confidence is most attainable when we have jury trials. Irrespective of how cautious and diligent a judge is, they can get case-hardened, and that is the source of why public confidence rests most in the jury system. Does the Minister agree that the key determinant in retaining jury trial is whether an offence is indictable or not? If it is an indictable offence, the first port of call must be a jury trial.
I respect the hon. and learned Gentleman’s wealth of experience before our different sorts of courts, but I also respect the wealth of experience that Sir Brian Leveson has brought to bear in his review. He identifies that although a jury trial will always be appropriate for certain cases—not least for the reasons that the hon. and learned Gentleman has outlined—we have to take a proportionate response. If we offered jury trials in all sorts of cases, certain victims and defendants would have to wait far too long for their day in court. As it stands, the vast majority—90%—of criminal trials in this country already happen without a jury. We have to consider very carefully where to draw the line, and that is what the Government will be doing this summer.
The Minister is held in the highest esteem by all of us in this Chamber—that is never in doubt. The British justice system is the envy of the world, and it probably set the example for justice systems everywhere. I pose my question with the utmost respect. The Minister will understand Members’ reluctance to restrict the right to a jury of one’s peers, and to replace a multi-person jury with a judge-only trial. Does she not believe that we must look at extending court days and at other interim measures, rather than changing the course of justice, which has served us well and which most democracies base their justice system on?
The hon. Gentleman will know that the respect across this House is absolutely reciprocated. Rather than sitting idly, we have taken on the challenge of increasing investment to deliver a record number of Crown court sitting days—4,000 sitting days above the level agreed by the previous Government. We have increased investment in our criminal legal aid system to build capacity, so that we can man all the additional trials and meet the demands on the system. However, the clear lesson from Sir Brian’s report and the key conclusion that he has delivered today, which we will take firmly on board, is that continuing to try to sit our way out of the crisis is not sufficient. It is essential that we make reforms as well, and we will take the time necessary to consider what that looks like.
On a point of order, Madam Deputy Speaker. Ministers will be aware that I have raised concerns about the treatment and detention of Lee Stinton, a British national and the son of Elaine and Edward Stinton, who are my constituents in Lagan Valley. He was detained by US Immigration and Customs Enforcement while travelling to work in Key West, Florida. He has built a life for himself there, but that has all come to an end in the most awful of circumstances at Krome detention centre. I am grateful for the support offered to date by the Foreign, Commonwealth and Development Office. Are Ministers seeking to make a statement on this matter?
(5 days, 6 hours ago)
Commons ChamberPeople must be able to access legal aid, regardless of where in the country they live, and this Government have made substantial new investments. On the civil side, in housing and immigration, we have announced uplifts worth £20 million; in respect of criminal law, criminal legal aid solicitors will receive an additional £92 million a year. The Legal Aid Agency works hard to ensure that the supply of, and access to, legal aid is secured across the whole of England and Wales.
From the lack of a rural crime strategy to reduced access to legal aid, our rural communities are being left behind. In Harpenden, one farm alone has reported 56 fly-tipping incidents in five years, with the injustice that the most recent incident is costing the farmer around £40,000. Proper legal support for victims of rural crime could make a world of difference, so how are the Government ensuring fair access for our rural communities, including face-to-face legal aid support?
The hon. Lady is absolutely right that we need to ensure access to legal aid for those who live in rural areas. The Legal Aid Agency was satisfied that legal aid services across all categories are adequate in her constituency of Harpenden and Berkhamsted. Digital technology is transforming access to justice through remote consultations and Government-funded websites, such as Advicenow. I encourage her constituents to access legal aid through those means, as well as through local providers.
This Government inherited a record and rising courts backlog from the previous Tory Government across every jurisdiction. Whether for a victim of crime, a parent, a business or an employee, backlogs mean waiting years for their day in court. We have taken swift action to invest in our courts, and courts in every jurisdiction are sitting at or close to maximum judicial capacity. We have announced record investment this year of £2.5 billion across all courts and tribunals, which will make a real difference to clear up the Tories’ mess.
In my constituency of Horsham, I have been asked to support a woman left in limbo regarding the trial of her ex-partner on a domestic abuse charge. When she was finally given a date, the trial was pulled as a result of an administrative error as she sat waiting in the courtroom. A new date was set for a whole year later. She suffered emotional distress and had to take time off work, which cost her £500. She installed CCTV at her own expense and endured months of further intimidation. Will the Minister undertake to set clear guidelines about maximum waiting times for trials to solve the problem now and in the future?
I am terribly sorry to hear about the case of the hon. Member’s constituent, which exemplifies exactly why we are so determined to grip the backlog in our Crown courts. That is also why we have asked Sir Brian Leveson to recommend a once-in-a-generation reform to deliver swifter justice for victims such as the hon. Member’s constituent. Ultimately, getting the backlog down so that we can look her in the eyes and say, “We can deliver swifter justice,” will make the real difference.
I work closely with fantastic local businesses across Leeds North West, and I know they already have a lot to contend with, so I am concerned to see a pattern of crime on our high streets, from burglaries to other forms of vandalism, that leaves owners in Horsforth and Adel feeling unsafe. At the same time, like most hon. Members, I am very aware that the Government have inherited a significant backlog that undermines the sense that justice will be served. How does the Minister plan to address that so the individuals responsible are dealt with and small business owners know that we are on their side?
My hon. Friend raises an important point. The impact of the Crown courts backlog is being felt by domestic abuse victims and small businesses, so we have a real job to do to restore confidence in our criminal justice system. That is why we gripped the crisis by putting in place an extra 110,000 Crown court sitting days—a record number. We understand, however, that we will need fundamental reform to address the backlog, and that is what we have asked Sir Brian Leveson to look at.
As the House will be aware, the Legal Aid Agency suffered a criminal cyber-attack across its systems. It has worked tirelessly to ensure that those who rely on legal aid have not seen that legal aid stop and that providers are not left out of pocket. In short, it has kept the show on the road with a series of emergency contingency measures. Let us be in no doubt, however, that it suffered that attack because its IT systems had been left in a fragile state by the lack of investment from the Conservatives. We will learn from the crisis and build back better with additional investment.
Two of my local firms—MJC Law and Nottingham Law Centre—have contacted me about this issue. MJC Law said:
“This has left legal aid law firms, often small businesses, to decide whether to take on the risk of cases and hope they will be approved and paid retrospectively”.
Cash flow could become a genuinely serious issue for such firms, so what steps are being taken to support them? For how long does the Minister envisage firms dealing with this situation? Finally, on GDPR notices, is it sufficient that the LAA has simply provided a notice on its webpage?
I pay tribute to the legal aid providers across the country who have kept going through this difficult time and who do vital work in the sector. As part of the package of contingency business measures, we have delegated more decision making to providers and we have committed to backdating criminal legal aid applications. I must assure the House that we will turn the systems back on only when we can be sure that they are secure and we can guarantee that we are protecting people’s data.
The killings of Jack and Paul were horrendous crimes and I would like to pay tribute to my hon. Friend and to her constituent, Claire, for their tireless campaigning on these issues. I am sure that she would agree that the guiding principle for any reform must be children’s welfare. That is why we have requested a review of the presumption of contact. We will be publishing findings and next steps very shortly.
I am very sorry to hear about the case of the hon. Member’s constituent. We need to put this into some context. As of March 2024, over 8 million lasting powers of attorney were registered in England and Wales. They are a really useful instrument. Although concerns about misuse do exist, the sort of abuse that the hon. Member highlights is, in context, rare. The Office of the Public Guardian investigated around 2,500 cases last year. We are looking to strengthen safeguards and add more identify checks as part of a modernised service. Lasting power of attorney is a really important tool, and we do not want to throw the baby out with the bathwater.
My hon. Friend is right that we are seeing an increase in the number of victims pulling out of the process because they no longer have confidence in it because it is taking so long. We have funded an additional 4,000 sitting days this year and have asked Sir Brian Leveson to recommend once-in-a-generation reform precisely so that we can deliver swifter justice for victims.
The hon. Member will know that a staggering 60% of cases that go through our family courts involve some form of domestic abuse or allegation thereof. That is why consideration of the operation of the presumption of contact and wider consideration of domestic abuse allegations in our family courts are so important. It is why officials and Ministers are taking the process really seriously.
The Minister will be aware that the recent pathfinder family court pilots have been seen as largely successful. This is an opportunity to put children at the centre of these cases and to end the presumption of contact which puts partners and children of abusers at risk. Will she please advise me as to the next steps in this process?
I welcome my hon. Friend’s question and I am grateful to him for raising the pathfinder court. These pilots are proving incredibly successful. They front-load a lot of the evidence gathering, they put the safety of children and family arrangements right at their heart, and they are proving a really successful model, which is why we plan to roll them out further. As part of that, as he has heard, we will be publishing our response to the presumption review very shortly.
The backlog of cases in the Isle of Wight coroner service is the worst in the country, causing pain and distress to too many families, some of whom are waiting 800 days to find out what is happening to their loved ones. Will the Minister offer any comment or support to those families, and will she agree to meet me to discuss how we deal with the problem of the Isle of Wight coroner?
(1 week, 4 days ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Ms Jardine. I propose to deal with clauses 1 and 2 together, as you set out. This modest but important Bill amends current legislation to enable defendants and debtors in specific types of cases heard in the magistrates court or county or family courts to be able to appear before the court remotely via live audio or video link. The use of remote video and audio links is common and already used in civil, family and criminal jurisdictions, delivering significant benefits through swifter access to justice and by utilising the court estate efficiently, particularly at a time of backlogs.
As a result of the Bill, two categories of case will be able to be heard remotely. That means that those in breach of some injunctions and orders in the county and family courts, as well as persistent defaulters on orders to pay council tax, will now be able to appear remotely. That ability to appear remotely is especially important, because in many cases, defendants must be physically brought before the courts within 24 hours of their arrest for breach of these civil injunctions. Sometimes, that is not possible. Defendants may be arrested out of hours and court facilities may be some distance away, all while the clock, as set out in the current legislation, is running down. The Bill addresses those points. People who are arrested for those breaches will now be able to appear remotely, as will those who are defaulters of orders to pay their council tax.
But remote does not mean less access to justice. The courts recognise that a remote hearing is no less capable, in principle, of being fair than a hearing at which all parties are physically present. That has been affirmed by His Majesty’s Courts and Tribunals Service’s evaluation of remote hearings during the covid-19 pandemic.
Importantly, the Bill does not mandate remote hearings. It enables a defendant or debtor to attend a court in person or by live video or audio link at judicial discretion. Once a person is before the court, the ultimate determination of whether to have a remote hearing will be by the judge, who will make their own ruling, having heard from all the parties and taking into consideration the circumstances of the case.
With that background in mind, I turn to the clauses. Clause 1(1) sets out the required legislative changes for an amendment to section 47 of the Family Law Act 1996 in relation to arrest for breach of order. It inserts proposed new subsection (13), which provides that the defendant may appear before the court either by way of live audio or video link. Clause 1(2) amends section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to arrest without warrant. It inserts proposed new subsection (7), which provides that the defendant may appear before the court either by way of live audio or live video link.
Clause 1(3) amends section 43 of the Policing and Crime Act 2009 in relation to arrest without warrant. It inserts proposed new subsection (8), which provides that the defendant may appear before the court either by way of live audio or video link. Clause 1(4) amends paragraph 8(1A) of schedule 4 to the Local Government Finance Act 1992 in relation to enforcement in England and Wales. It inserts new sub-paragraph (b), which provides that the debtor, subject to an application under paragraph 8(1A), may appear before the court either by way of live audio or video link.
Clause 1 sets out the necessary changes to legislation so that a defendant or a debtor in certain circumstances can appear before a court via live link. These changes ensure that individuals who are arrested for breach of certain family or county court injunctions and orders, as well as persistent failures to pay council tax, can appear before the court in a timely and efficient manner using remote links.
At its core, the Bill enhances public safety, ensuring that dangerous individuals, in the case of breaches of injunctions, such as gang injunctions, are not released for want of finding a court or judiciary out of court hours. The use of remote links in court proceedings is relatively common and has delivered significant benefits already. This provision will provide greater flexibility, at judicial discretion, where it is appropriate. As I said, it does not mandate that remote links must be used. Access to justice is not curtailed by this Bill. The defendant or debtor will be able to make representations to the judge, and the existing safeguards of access to legal representatives remain.
Subsections (1), (2) and (3) of clause 2 provide that the Bill extends to England and Wales; that it will come into force at the end of the period of two months following Royal Assent; and that it may be cited as the Courts (Remote Hearings) Act 2025 once in force. There is nothing controversial about these arrangements. I commend both clauses to the Committee.
It is a pleasure to serve under your chairmanship, Ms Jardine. I will not detain the Committee long because it is stiflingly hot in here, but I want to add that I wholeheartedly support the hon. Member for Burnley in introducing this Bill.
The Courts (Remote Hearings) Bill extends the ability to be brought before the court remotely in two instances where individuals have been arrested and detained in police custody. The first is for defendants who are in breach of the terms of certain orders or injunctions of the court. The second is for failure to pay council tax. While those hearings could be conducted remotely from a custody suite at a police station on arrest, at present, the relevant legislation requires that they must be heard in person. Once a person is before the court, it will be at the judge’s discretion to decide whether to hold a remote hearing upon considering the representation of all the parties. To be clear, in-person hearings will still take place if that is necessary.
Hon. Members will be reassured that despite these new powers, the number of hearings in either type of case is not expected to rise. These changes will give magistrates and judges in county and family courts greater flexibility and efficiency. The changes will also mean that potentially violent individuals, such as those arrested for breaches of injunctions to protect victims of domestic abuse, can be dealt with quickly and efficiently. Current arrangements mean that those defendants must be produced physically in court within 24 hours of arrest. A lack of court premises or judicial capacity, for example, over the weekend, will result in their release back into the general population.
In closing, I reiterate my thanks to the hon. Member for bringing forward this important Bill and I confirm the Government’s continuing support for it. It is a modest but perhaps mighty Bill, and it provides for remote attendance before the court only when necessary. It adds to the flexibility of the ways that courts operate without compromising any of the safeguards of our justice system, and it has our wholehearted backing.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported, without amendment.
(1 week, 4 days ago)
Written StatementsToday I am laying before Parliament the Government’s response to the consultation “Civil Legal Aid: Towards A Sustainable Future”.
Civil legal aid providers face serious challenges around staff retention, profitability, and sustainability, meaning that support can be hard to access for many of those who need it most. This is particularly acute in housing and immigration.
The consultation paper was published on 24 January 2025. It invited responses on proposals to increase civil legal aid fees for housing and debt (hereafter, “housing”) work, and immigration and asylum (hereafter, “immigration”) work. It also sought evidence on potential changes to contractual requirements.
After considering the responses, we have decided to uplift the rates paid for all housing and immigration legal aid work. Overall spending in these categories will increase by 24% and 30% respectively. This represents a significant investment—the first since 1996—an increase of £20 million a year once fully implemented.
Alongside this, we are taking steps to simplify and harmonise certain fees. This will reduce administrative burdens for providers, simplify billing, and allow them to spend more time helping their clients.
This investment will help to ensure effective access to justice for some of the most vulnerable in our society, supporting a more stable and sustainable legal aid sector—one that is fit for the future and attracts and retains the brightest and the best practitioners.
It will also help us deliver our wider Government ambitions, with investment in immigration legal aid vital to supporting this Government’s ambition to end hotel use and increase returns. The investment in housing legal aid will help ensure a sustainable sector as we expand housing rights in the Renters’ Rights Bill.
The uplifts will be implemented as soon as operationally possible, at which point we intend to bring forward a statutory instrument to amend the Civil Legal Aid (Remuneration) Regulations 2013 to reflect the fee changes.
Through the consultation, we have also gathered further important evidence to progress our thinking on potential changes to the current office and remote advice requirements set out in the standard civil contract. Using this evidence, we will continue to review the standard civil contract in these areas and consider next steps to ensure that we are supporting clients and providers as effectively as possible in the civil legal aid system.
I will place copies of the consultation response in the Libraries of the House.
[HCWS767]
(2 weeks, 3 days ago)
Written StatementsIn my statement to the House of 19 May 2025 on the cyber-security incident affecting the Legal Aid Agency’s digital platforms, I said that I would provide a written update to the House in due course.
I therefore want to inform the House that the Ministry of Justice has introduced secondary legislation to make temporary operational changes until these contingency arrangements are no longer needed.
Contingency to date
As I outlined in my statement on 19 May, we have already put in place a number of contingency measures following the incident. In particular, the LAA has set up an incident webpage, with contingencies guidance and frequently asked questions, this is updated daily. The LAA has also set up a telephone helpline for members of the public who are concerned they may have been affected by the data breach.
In terms of contingency measures, the LAA has:
set up an average payment scheme for legal aid providers for civil legal aid cases;
resumed payments to providers on criminal legal aid cases;
put in place processes for urgent civil legal aid application approvals;
resumed processing criminal legal aid applications for the Crown Court; and
confirmed that criminal legal aid applications made in this time will be backdated.
Why is this statutory instrument necessary?
We now need to go further by making some operational changes to ensure the LAA’s business continuity because some LAA digital services, especially those covering civil legal aid, remain offline. Therefore, earlier today, I laid before Parliament “The Criminal and Civil Legal Aid (Amendment) Regulations 2025” (the Statutory Instrument (SI) and accompanying explanatory memorandum are available at legislation.gov.uk). These regulations come into force on 27 June 2025. This SI makes amendments to ensure business continuity for a temporary period until these changes are no longer required.
The intention is to make operational changes to ensure LAA caseworkers can continue to process high-profile, and contentious matters. To enable this, delegations to providers will be extended to carry out certain functions. While this delegation does not require legislation, the SI makes necessary changes to regulations to enable providers to undertake certain work during this period.
These legislative amendments together with some delegation to providers, enables business continuity and ensures the Lord Chancellor is fulfilling her obligations under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to make legal aid services available in accordance with the Act. It ensures continuity for both legal aid providers and clients, and maintains access to justice. The measures are designed to ensure these important obligations are met and maintain system stability until digital operations can be restored. In doing so, we are mindful of our responsibility to the taxpayer: proportionate cost controls and assurance mechanisms are in place to manage financial and fraud risks.
The SI will, for a temporary period:
waive civil legal aid income and capital contributions for new and existing cases;
remove prohibitions on delegation of powers to enable the Director of Legal Aid Casework (DLAC) to delegate some additional decisions regarding civil legal aid determinations to legal aid providers; and
make some minor and consequential amendments relating to criminal legal aid determinations which supports other measures being taken as business continuity arrangements.
The above changes contained in the SI will be complemented by changes to the legal aid tables of delegated authorities, issued by the DLAC through a non-legislative process.
Criminal legal aid
For criminal legal aid, the practical effect of this package, that is, the SI and the consequential changes, will be to delegate to providers various DLAC functions, in particular:
the power to issue representation orders, and complete related means and merits assessments, for some criminal proceedings in the magistrates’ court where the client is passported, unemployed or under 18; and
the power to withdraw representation orders for the magistrates’ court under certain circumstances.
In criminal legal aid, there is also a provision to ensure providers will be paid for any work conducted on behalf of new clients where they have not been able to properly submit an application to the LAA since some systems first went down on 7 May 2025.
Civil legal aid
For civil legal aid, the effect of the SI package will be to waive both income and capital contributions from clients, and remove the prohibition on delegation to providers of certain functions. The DLAC will then delegate to civil legal aid providers the ability to:
amend substantive determinations for Licensed Work up to a certain limit;
make determinations in respect of certain proceedings which are related to those for which a determination has already been made by the LAA; and
withdraw non-contentious determinations on legal aid funding where: the services made available by the determination have been provided; the proceedings to which the determination relates have been concluded; the individual consents; or the individual has died.
For licensed work, where legal representation in court is needed, the LAA, acting under delegated powers, usually determines eligibility and is also typically responsible for taking decisions in relation to the potential amendment of the determination as well as its possible withdrawal, subject to the circumstances of the case.
In relation to civil legal aid contributions, there is a transitional provision which will act as a deterrent to individuals who already have civil legal aid, from stopping instructions to their solicitors to seek a refund of any contributions already paid, then making a new application for the same case under the more favourable terms provided for under this SI.
The DLAC will also be required to withdraw, rather than revoke, any emergency representation determination where the individual does not subsequently pass the means test.
The distinction between revocation and withdrawal is broadly as follows: when the LAA revokes the funding certificate, any legal aid funds paid to the provider for work undertaken in the case would be reclaimed from the individual; in contrast, when the LAA withdraws the funding certificate, legal aid funding ceases from that point and the individual faces no liability to the LAA for the legal aid costs incurred in the case.
I want to reassure the House that we are continuing to work hard on stabilising the LAA’s systems, and we have put in place these contingency plans, and those set out in the LAA’s published guidance, which is regularly updated, to ensure that those most in need of legal aid can continue to access the help that they need. We have engaged with legal aid representative bodies on these contingency plans and will continue to do so.
[HCWS743]
(1 month ago)
Written StatementsThe Government are today announcing a balanced package of measures about the independent regulation of the enforcement sector and changes to the taking control of goods procedure. These measures aim to protect those facing enforcement action, enabling them to get debt support while ensuring that there is a fair system of enforcement so that public bodies and businesses can recover moneys owed to them.
Rights only exist if they can be enforced. That requires us to have an effective enforcement system—one that makes securing awards made by the courts straightforward and timely, while treating parties who owe money with dignity. A fair and stable enforcement system is one that can deliver better outcomes for all.
The private enforcement sector recovers a significant amount of debt each year, with a sizeable portion owed to local authorities and central Government, which is used to fund public services. There is, however, concern about the impact that some enforcement agencies are having on some vulnerable people in debt and those struggling to pay money owed. Many parties, including the Justice Committee and the Levelling Up, Housing and Communities Committee, have called for statutory independent regulation of the enforcement sector. The Civil Justice Council published a report in April 2025 which echoed that recommendation.
Although most enforcement agencies have already signed up to the Enforcement Conduct Board’s voluntary accreditation scheme and are funding its oversight activity, the Government believe that it is necessary to take action so that all enforcement agents, High Court enforcement officers and agencies are regulated to the same standards, overseen by the same independent body. The Government will today open a consultation about how to do so.
As set out in the Chancellor of the Exchequer’s regulation action plan, when regulation is designed well it can be an essential tool to promote growth and investment and protect the public. We will introduce independent statutory regulation of the sector, in line with the objectives in the action plan and our work across Government to cut the administrative costs of regulation by 25% by the end of the Parliament. The consultation seeks views, among other things, on how to ensure that a regulator’s statutory objectives are targeted and proportionate, and to consider how it will be held to account for its performance.
The consultation will run for a six-week period. The Government welcome responses from everybody with an interest in this area. The responses will inform legislation to be brought forward as soon as parliamentary time allows.
Alongside this, the Government have also published their response to a consultation that was held in 2023 about amending the Taking Control of Goods Regulations 2013 and intend to implement some interim reforms. These aim to increase the proportion of cases that settle at the earliest and cheapest stages of the enforcement process by, for example, extending the amount of notice that people must be given before an enforcement visit, giving them more time to access debt advice and/or set up a payment agreement.
We have also provided an update regarding the outcome of a 2023 review about the fees that the enforcement sector can recover from those facing enforcement, and plan to implement the following changes:
Uplifting the fixed fees that enforcement agents and High Court enforcement officers can recover from judgment debtors by 5%. This will be the first uplift to the fees since 2014. We consider it is necessary to do so to ensure that enforcement firms are adequately remunerated for the work they do in order to ensure the sustainability of the sector.
Uplifting by 24% the thresholds above which enforcement agents and High Courtenforcement officers can recover a percentage fee. The taking control of goods regulations specify that debts over the prescribed thresholds, that reach the enforcement stage, will attract an additional percentage fee of 7.5% of the value of the debt that is above the threshold. Uplifting the value of the thresholds will, therefore, reduce the proportion of cases that will incur this additional percentage fee.
The Government intend to lay a statutory instrument in Parliament to implement the fee uplifts and interim reforms as soon as parliamentary time allows.
The Government recognise concerns around the impact that certain collection and enforcement processes—in particular, council tax—have on vulnerable people. That is why we have also committed to consulting on modernising the administration of the council tax system, including the processes for collecting and enforcing council tax. The consultation will be published later this year by the Ministry of Housing, Communities and Local Government.
[HCWS687]
(1 month, 1 week ago)
Commons ChamberI am well aware of the hon. Gentleman’s campaign to support young adults who lack mental capacity in accessing their child trust fund. I know that he met my predecessor, and following work that I am carrying out with counterparts in other Departments, I will be very pleased to meet him.
My constituent has been through no fewer than eight Justice Secretaries, looking for a solution to the problem of locked child trust funds; he has had to start over again each time from scratch. Will the Minister give me and Mr Turner a clear understanding of what exactly the legal impediment is to a solution, and of what part of Government the objection is coming from, so that we can make a legal challenge to it, if necessary?
The hon. Member will understand, as will Mr Turner, that we have to balance the desire to support young adults who lack capacity in accessing what is their property by right with the need to ensure that everybody who needs to access those child trust funds has the proper legal authority to do so. Safeguards need to be in place, not least to ensure that those vulnerable adults are protected from economic abuse. That is why we must work very carefully across Government to ensure that those protections are kept in place.
I was pleased to visit Telford justice centre with my hon. Friend, where we met magistrates and leaders of the Magistrates’ Association. I meet the Magistrates’ Association regularly. We have a system of certification, acknowledging the vital work that magistrates do, especially long-serving magistrates who serve more than 10, 20 or 30 years. I am happy to continue discussions with my hon. Friend on how we can acknowledge and recognise that brilliant service even more.
This Government inherited record and rising backlogs. As my hon. Friend described, the human cost of that is victims waiting longer and longer for their day in court. We have acted swiftly, increasing magistrates’ sentencing powers, but fundamental reform is needed, which is why we asked Sir Brian Leveson to undertake his review. He will be reporting shortly and we will take his package of fundamental reforms forward, to ensure that we have reform of our Crown courts and swifter justice for victims.
A family court judge who would have made decisions in relation to many abused children was recently found guilty by the High Court of abusing their own adopted children. Does the Minister agree that protecting the anonymity of members of the judiciary who have abused their children, particularly when it relates so intimately to their own work in court, risks undermining public trust in our legal system?
My hon. Friend is right to highlight an absolutely appalling case, and the thoughts of everyone in this House are with the children who were victims of that abuse. The independent judiciary has ruled on this. This Government believe in transparency in our family courts, and that is why we are working to expand the use of transparency orders, but we have to respect the independence of our judiciary, which has ruled in this particular case, not least for the reason of protecting the children in that case.
It is vital that those who need legal aid—some of the most vulnerable people in our society—can access it. We are funding provisions such as Advicenow, which is an online provision. We also ensure through our contracting process through the Legal Aid Agency that there is provision right across the country to ensure that no one, including those in rural areas, struggles to access legal aid.
My constituent Claire Ball was sexually abused as a child. As an adult, she faced her abuser in court. He was allowed to provide character references. Her good character was called into question, yet she was not allowed character references. Will my hon. Friend take steps to rectify this unfairness for victims such as Claire?
The hon. Lady highlights an absolutely appalling case. If she is asking whether I think that is acceptable, the answer is no. As my hon. Friend the Victims Minister said, justice delayed is justice denied. It is for that reason that we have asked Sir Brian Leveson to recommend bold and fundamental reform. The hon. Lady has just described the human consequence of the Crown court backlog that we inherited from the past Government, and we will fix the mess.
Last week I visited Meadow Road youth centre to see the fantastic work that Lloyd and other youth workers are doing to provide an outlet for young people. However, it could be closed down due to funding uncertainty. Does the Minister agree that sporting centres such as that reduce youth offending and are hubs for rehabilitation? Will my hon. Friend commit to Dudley getting its fair share of funding and to keeping the centre open?
The Ministry of Justice currently provides free sentencing remarks for victims of murder and manslaughter. As of last month, we have made permanent our pilot to provide those sentencing remarks to victims of rape. The hon. Lady will understand that providing full transcriptions is a costly exercise, which is why we are undertaking testing of artificial intelligence to make transcripts available in future in a lower-cost and timely manner.
At just 12 years old, my constituent was subjected to horrific abuse by a family member who was ultimately convicted of nine offences, including four counts of rape. The offender was sentenced in youth court to just a three-year referral order and a two-year restraining order. My constituent cannot appeal this sentence under the unduly lenient sentence scheme simply because of the court in which the case was heard. Will the Minister review this deeply troubling case and consider extending the unduly lenient sentence scheme to include youth court rape convictions?
Sadly, some of my constituents have experienced a double blow, not only from having defective cavity wall insulation installed, but from being pursued for adverse legal costs by firms such as SSB Law. Ministers have previously confirmed that the Solicitors Regulation Authority has opened an investigation. Will the Minister provide an update on that investigation and meet me to discuss how those affected can get redress?
Once again, I am sorry to hear about the impact that the collapse of SSB Law has had on my hon. Friend’s constituents and the many others affected. As she says, the Solicitors Regulation Authority is completing an investigation into the collapse. Disciplinary notices have been issued to several individuals and further decisions are expected before the summer. I am happy to provide her with a written update as that investigation is concluded.
I refer the House to my declaration in the Register of Members’ Financial Interests. Litigation finance plays a key role in the legal system in the UK and provides opportunities for postmasters and others to take cases to court. The Civil Justice Council has just published its report on the sector. When will the Government respond to that report?
I thank the right hon. Member for his question, and I thank the Civil Justice Council for its work. He will understand that we have not yet had a chance to fully digest the report, but we anticipate acting on its recommendations in fairly short order.
(1 month, 3 weeks ago)
Commons ChamberWith permission, I will make a statement about an incident that has affected the Legal Aid Agency—an executive agency of the Ministry of Justice. The House will appreciate that while investigations are ongoing, there are limits to the amount of information that I can share publicly. However, the Government wish to be as transparent as possible with Parliament, and I will provide an update based on the information that we currently have.
On Wednesday 23 April, the Legal Aid Agency became aware of a cyber-attack on its online digital services. These are the services through which legal aid providers log their work and receive payment from the Government. The Government of course took immediate action to bolster the security of the system, working closely with experts at the National Crime Agency, the Government Cyber Co-ordination Centre and the National Cyber Security Centre. We alerted the Information Commissioner and, importantly, informed all legal aid providers that some of their details had been compromised. We also took some Legal Aid Agency systems offline between 7 and 11 May to carry out work to contain the breach. Officials have been working around the clock to stabilise the system and support a complex investigation.
I can now confirm that the cyber-attack was more extensive than originally thought. On Friday 16 May, we learned from the attackers behind it that they had accessed a large amount of information relating to legal aid applicants, and we assessed that threat to be credible. We believe they have accessed and downloaded a significant amount of personal data from those who applied for legal aid through our digital service some time since 2010. That data may include applicants’ contact details, addresses, date of birth, national ID numbers, criminal history, employment status and financial data, such as contribution amounts, debts and payments. I should stress that this does not mean that every individual involved will be impacted in the same way, but we needed to act to safeguard the service and its users. In line with advice from the National Cyber Security Centre, the Legal Aid Agency took its online services down on Friday. I urge all members of the public who have applied for legal aid since 2010 to be on high alert for any suspicious activity. That includes messages and phone calls from unknown numbers. If anyone is in any doubt at all, please take steps to verify a person’s identity before providing any information.
I understand the gravity of these events. At this stage, we believe that the breach is contained to the Legal Aid Agency’s systems; there are no indications that other parts of the justice system have been impacted. The Government are committed to making every effort to ensure that the vital operational delivery of legal aid continues. We have put in place contingency plans to ensure that those most in need of legal support can continue to access the help that they need.
The House should be in no doubt that the Legal Aid Agency has suffered an unacceptable attack on its systems at the hands of criminals. Sadly, that attack is not altogether surprising; the vulnerabilities in the Legal Aid Agency systems have been known for many years. The risk of such an attack was steadily growing during through the previous Government’s tenure, but they took no meaningful action to fix the systems, leaving them vulnerable to attack. The previous Government were repeatedly warned about the Legal Aid Agency systems being old, inflexible and unstable. In 2023, the Law Society called on the Government to urgently invest in the Legal Aid Agency digital system, saying that the system was “too fragile to cope.” In March 2024, the Law Society pointed to the agency’s “antiquated IT systems” as
“evidence of the long-term neglect of our justice system”.
In short, this data breach was made possible by the long years of neglect and mismanagement of the justice system under the last Conservative Government. They knew about the vulnerabilities of the Legal Aid Agency digital systems, but did not act. By contrast, since taking office, this Government have prioritised work to reverse the damage of over a decade of under-investment. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services. I am extremely grateful to legal aid providers across the country for their patience and co-operation, and to Ministry of Justice officials for their ongoing efforts to secure the system. The investigation is live, and the Government will do everything we can to seek justice.
Recent events have shown that every organisation, no matter how big or small, is at risk from this type of criminal behaviour. Sadly, the Government are not exempt. This incident has none the less demonstrated in stark terms that our legal aid digital systems are critically fragile and not fit for the 21st century. When I took up this ministerial role, I was frankly shocked to see just how fragile they were. This Government inherited a legal aid sector that has been neglected for far too long. We have invested in stabilising the current digital systems and have kick-started an ambitious reform programme to transform them. That means creating a modern, user-friendly and resilient service. The programme will also deliver a more flexible service, so that we can implement changes faster, and better respond to changing demands.
That transformation will take time. In the light of this incredibly serious incident, my right hon. Friend the Lord Chancellor and I are exploring options to expedite the programme and put our systems on a more secure footing. The Government will not hesitate to act to protect our vital public services, because without legal aid, our justice system would grind to a halt. This is an ongoing and sensitive issue, and our investigation and mitigating action continue. To ensure that Members are informed and updated, I will provide a written update in due course. I commend this statement to the House.
I call shadow Minister Dr Kieran Mullan.
I thank the Minister for advance sight of her statement, although it was pretty disappointing to hear her deliver it as written. Before I had seen her statement, I drafted one of my own. In it, I was clear that I would limit my party political remarks, and thinking that the Minister would devote a significant part of her statement to condemning the immoral, malicious, criminal actors who are responsible for this attack, I intended to begin with strong words of support for what she said. However, if Members listened closely, they would have heard that she devoted most of her time to party political attacks, and managed barely one sentence of condemnation. I suggest that she looks at her statement when she leaves the Chamber, and reflects on that.
I will say what the Minister should have said to all those worried by what has happened, including those who may be victims of fraud as a result, and taxpayers who will pick up the bill: we should never lose sight of the fact that whatever the role of any Government, past or present, in unsuccessfully defending against such attacks, the primary responsibility for this lies with the despicable criminals who carried it out. This was not just an attack on a digital system; it was an attack on some of the most vulnerable in our society. Their data is deeply personal in some cases, given that sensitive medical records have been exposed. It is utterly appalling. We welcome the fact that the National Crime Agency and the National Cyber Security Centre are involved, and I hope that the Minister will agree that those behind this breach must be brought to justice. Nothing should stand in the way of full accountability for this crime.
Addressing the actions of those behind the attack is paramount. The Minister may seek to focus blame on a previous Government, but I have questions about this Government’s response. First, why was the decision taken not to inform the House and the public about the breach when it was first discovered on 23 April? We now learn that the impact may extend to those who made applications as far back as 2010, and that more than 2 million pieces of information have been accessed. The delay of nearly a month in notifying the public and/or understanding the nature of the attack could have hindered individuals from taking necessary steps to protect themselves from potential harm, such as fraud or harassment.
Secondly, the Minister mentioned taking systems offline that are crucial for legal professional payments. Can she provide a clear update on the operational status of those systems? If they are not yet fully functional, what is the estimated timeline for their restoration? She mentioned contingency plans; could she tell us more about their nature? Thirdly, can she share any information about the origin of this attack? Is it believed to be a state-linked criminal enterprise? Fourthly, has the Ministry of Justice initiated a thorough risk assessment of its other digital systems, and digital systems across Government more widely? She says that the Government believe that the attack is contained, but on what basis has she reached that conclusion?
Fifthly, the Minister talked about the £20 million set aside for delivering improved systems. She will know the challenges that previous Governments faced in attempting to upgrade those systems. What specific improvements will be achieved by this funding, and when? Finally, will the Minister give a commitment to full transparency for the House, through regular updates as the investigations progress? She mentioned seeking to make the public more aware of the issue, so that people know if they might be affected. Will she ensure that those affected by this breach are directly contacted and offered appropriate support? Will she reiterate the Government’s commitment to ensuring that those responsible are brought to justice? The security of our justice system, public confidence and the wellbeing of vulnerable individuals depend on a robust and transparent response to this serious incident.
The hon. Member is right to say that those responsible for this attack on our justice system are criminals—no ifs, no buts. What they have perpetrated on our legal aid systems is not only dangerous; it exposes the data of legal aid providers and applicants. The threats made to the Government are entirely unacceptable and malicious, and the Government will be robust in their response and in pursuing justice; I think I made that clear in my statement.
It is important that we are honest and frank about the vulnerability of the legacy IT systems that support our legal aid system. The vulnerability of that system exposed both legal aid providers and end users—as the hon. Member says, some of the most vulnerable people in our society—to unacceptable risk. I am focused on the short term and eliminating the threat, but also on the long term, on investing in resilience, and on the rescue and transformation of the platforms, so that we who are responsible for the legal aid system and our wider justice system do not expose people to that risk again.
The hon. Member asks why the House was not informed when Ministers were informed, in late April. The reason for that is simple: when Ministers were first informed about the exposure of the Legal Aid Agency’s digital platforms to this risk, the full extent of the risk, and the nature and extent of the data put at risk, were not fully understood. As a Minister, I have competing responsibilities. I have a responsibility to keep the legal aid system going—to ensure that those who need to access legal support can do so, and that those providing legal aid to vulnerable clients are paid. At that point, given the understood risk, the responsibility to keep the system going outweighed any need to inform the House of the exposure of the system. However, the most important people in the system—the legal aid providers and, by extension, their clients—were informed, as was the Information Commissioner, whom we are legally obliged to inform. When the greater extent of the risk became known, we promptly and transparently informed the House of the position. That was a transparent and proportionate response to our understanding of the evolving criminal theat.
The shadow Minister asked about the restoration of the system. The system has been closed down to negate the threat and prevent further exposure of legal aid providers and users. We will not reopen the system until we are satisfied that it is safe to do so. As he will understand, I cannot comment further on this live and sensitive situation. However, I can assure him that we have put in place contingency plans to ensure that those who need to apply for legal support in the coming days and weeks, and those who are currently accessing legal aid, can provide information to the legal aid agencies through alternative means, so that we can keep the show on the road.
The shadow Minister asks about wider Government exposure to any risks. As I have mentioned, regrettably, Government Departments, local authorities, universities and our best-known businesses are exposed to the sort of criminal activity that the Legal Aid Agency has experienced, but from what we know, this attack is confined to the Legal Aid Agency, and goes no wider than that. He asks about our long-term plans. As I have said, our long-term plans involve a significant investment of £20 million to stabilise and transform the service. Indeed, we know about today’s threat partly because of the investment that we have made since we came into government. We discovered the threat and became alive to the fact that hackers were infiltrating the system partly because of the work that we were doing to stabilise and transform the system. That work has to continue. The Lord Chancellor and I will look at whether we can expedite some of that work to bake resilience into the system.
The shadow Minister asked about full transparency and keeping the House up to date. As I said, I will provide a written update in due course, and today I can undertake to provide full transparency. Legal aid providers have been kept fully informed along the way, as have our professional bodies, such as the Law Society and the Bar Council, many of which are legal aid providers. That is because we need all of them, working in a robust system, to deliver the justice and legal aid that people so sorely need.
I call the Chair of the Justice Committee.
The loss of very sensitive data relating to so many vulnerable people over such a long time makes this one of the most serious data breaches of recent years. It is also a wake-up call, alerting us to the poor state of the Legal Aid Agency IT systems, and perhaps Government IT systems more generally. I appreciate that the Minister has inherited this debacle, but it is on her desk now. Will she confirm the numbers affected, whether the leaks have been stemmed, and what steps are being taken to recover the data from the thieves who have taken it? I have more questions that there is not time to deal with here. She said that she will provide a written statement, but will she also brief the Select Committee and the opposition parties, if necessary in confidence, on the steps being taken to rectify the situation?
I thank my hon. Friend for that pertinent question. He will appreciate that it would be inappropriate for me to comment in any great detail while the investigation is ongoing. As he and the rest of the House can imagine, if we are talking about those who have applied for or been in receipt of legal aid since 2010 and all the legal providers in this country that have had legal aid contracts with the Government, one gets a sense of the scale of the exposure. It is a very serious breach indeed.
The malign criminals who are responsible for the hack have given a figure for the amounts of data that they have, which has been trailed in some of the newspapers. Those who have read the papers will know that it is in the region of 2 million items of data, so one can see that the scale of the problem is very serious indeed. I should say that that figure cannot be verified, and I will not comment in further detail.
With respect to my hon. Friend’s request that the JSC and Opposition parties are kept up to date as the investigation develops and as we take steps to eliminate this risk from our systems, I am very happy to give that update.
I call the Liberal Democrat spokesperson.
I thank the Minister for advance sight of her statement. Hundreds of thousands of people across the country, including many in my patch of Eastbourne, will be hugely concerned that their information is in the hands of deplorable criminals whose identities we do not know and whose further intentions are unclear, and who should face the full force of the law. The damage is especially profound, because the state’s inability to steward the public’s data undermines people’s trust in our justice system. More than that, given that legal aid applicants are the victims, the data breach risks disproportionately undermining the trust of some of the most vulnerable people in our society. The previous Government should hang their heads in shame for ignoring the Law Society’s 2023 calls to address those vulnerabilities when they had the chance.
This Government must urgently restore trust, and I have a few questions in pursuit of that. First, how will the Minister proactively communicate with all those affected about this breach to provide guidance and support? Secondly, will she consider launching a dedicated advice line, for example, for anyone who is worried about what it means for them? Thirdly, the Legal Aid Agency’s services were taken offline last Friday, as the Minister confirmed, so how will she ensure that that does not compromise people’s access to legal aid in the meantime? Finally, will the Government conduct a cyber-security review of all the systems they use across their remit to identify and address further vulnerabilities before they are exploited at the expense of our constituents?
The hon. Gentleman is absolutely right that incidents such as this perpetrated by cyber-criminals represent an attack on our justice system and are corrosive of trust. He is also absolutely right that, in so doing, they are hitting some of the most vulnerable in our society. That angers me, frankly, and the response needs to be commensurate to the damage that they have done not just in stealing people’s private data, but to the wider system in undermining trust.
We are taking a proactive approach to communicating with people and with the sector. As soon as the risk and the exposure of the system to these hackers was identified, legal aid providers were updated on their exposure and told to take proactive security steps. That communication has been updated, and, as well as today’s public statement, we are in constant communication with those legal aid providers. They are really the most important point of contact, because they have a relationship of trust with their clients, and they will be invited to pass on the warnings and messages coming from the Government. Where we know of particular individuals whose data may have been exposed and who may be particularly vulnerable, we are communicating directly with them. I will take away the hon. Gentleman’s suggestion of an advice line, but for now what I have described will be the most important and effective way of disseminating the warnings and keeping people up to date as the situation evolves.
Turning to the wider security threat to Government and other vulnerabilities, before this attack we had indicated in any event that we would have a new national cyber strategy across Government by the end of the year. Obviously, we also intend to introduce the cyber-security and resilience Bill, which aims to improve and strengthen Government cyber-defences and Government responses to attacks just like this one. All of that is going to be important to improving the resilience not just of the Legal Aid Agency but of cyber-systems right across Government.
A recent Public Accounts Committee inquiry found that the Government still have substantial gaps in their understanding of how resilient their IT estate is to cyber-attack. It was really helpful to hear from the Minister about the work that is ongoing, but in the light of this very serious incident, will she and all Departments urgently assess the robustness of cyber-defences, not only in arm’s length bodies such as the Legal Aid Agency but in legacy IT systems and the supply chain—which the Committee found to be known areas of weakness—to ensure that our cyber-defences in Whitehall are as strong as possible?
My hon. Friend is absolutely right. Whether in Government, local authorities or other bodies such as universities and businesses big and small—as we know, some of the most famous businesses in this country have recently been exposed to these sorts of risks—and whether the cyber-attacks come from state actors or from organised crime, as appears to be the case in this instance, legacy IT systems are one of the most serious vulnerabilities. That is precisely what today’s incident highlights, and it is why that national cyber strategy is going to be so important. It will identify how we build up our resilience at pace and protect against these vulnerabilities, which are system-wide and affect public and private actors alike.
In recent months, the UK has experienced a number of very high-profile cyber-attacks right across the public and private sectors. Does the Minister agree that now is the time to update the Computer Misuse Act 1990 to enhance cyber-resilience through strengthened legal protections for cyber-security researchers? If her answer is yes, which Department is responsible for bringing about that change?
The hon. Gentleman will know that the cyber-security and resilience Bill will be introduced in this Session. The focus of that Bill is to improve the cyber-defences of this country by bolstering regulator support and the regulatory framework and setting out how our national security agencies can provide a strengthened and emboldened response to just such attacks. It seems to me that that Bill is the appropriate legislative vehicle for delivering what I think we all wish to see, which is a more robust defence of our cyber-systems.
I thank the Minister for her statement. What shocks me most about this attack is that it is an attack on some of the most vulnerable people in our society. What can be done by residents in Harlow who are concerned that their data has been taken by these criminals, and how can they get legal aid if they need it?
I thank my hon. Friend for that very important question. People can do two things: first, be in touch with their legal aid provider, because that will be the source of the data sharing and would have been the source of the application for legal aid. Secondly, if they are concerned that their data may have been affected, they can get in touch directly with the Legal Aid Agency. Legal aid providers have been informed of how those who need to apply for legal aid can continue to do so, because it is vital that we do not allow the justice system to grind to a halt and that those who need emergency legal aid can continue to access it. We have put in place business contingency plans to ensure that no one in this country, whether in Harlow or anywhere else, will be prevented from—or delayed in—accessing legal aid while we work to resolve this issue.
The Minister will be aware of the rising number of cyber-attacks by criminals and by hostile state actors. May I also express my disappointment that she has chosen to try to make party political points on this issue? Instead, can she say whether those responsible are UK-based, such as the DragonForce group or the Scattered Spider group who claim responsibility for the attacks on the Co-op and Marks & Spencer? Can she also say whether checks are being made across Government to identify any security breaches that may not yet have been acted on by those who are responsible?
I will not disclose the name of the perpetrators of this malign attack. I do not think it would be responsible for me to do so while the investigation is live and while they are being pursued, not least through legal avenues. I am not able to share that information at the moment, but when I can share it, I will of course update the House.
In her zeal to have a pop at the previous Government, the Minister implied that this country was peculiarly vulnerable to cyber-attack. There will be people listening to her out there who may be encouraged by that, so will she correct the record and reflect upon the International Telecommunication Union’s global cyber-security index, which found Britain to be right at the very top of the league table for cyber-security, along with countries known to be experts, such as Estonia and Germany? Does she agree that while we must not be complacent, it is important to tell the whole truth?
As I said, those responsible are the baddies here, but let me be clear: I was absolutely shocked when I came into the Department to find the state of the Legal Aid Agency’s legacy IT systems. They were fragile, vulnerable, at risk and, frankly, not fit for purpose. That is not my view; that is the view of the Law Society and lots of users. They have to use an arcane system that is not only slow but, as we have now found, is so fragile that it has exposed many of its users to an unconscionable risk. That is not good enough. It is not talking down the system; it is the state of the system. That vulnerability has been exposed by these malign actors. The fact is that the previous Government knew about it and failed to fix it. We will not make the same mistake.
I thank the Minister for her statement. She is absolutely right. I join the Opposition in condemning the criminals who perpetrated this attack. She has already explained what constituents who may be impacted should do, and I will not ask her to repeat that, but can she assure this House that the learnings from this cyber-attack are already being applied across Government and the public sector? If extra steps are required to access legal aid or process payments by legal aid providers, will the providers be compensated accordingly?
Once we have resolved this investigation, once we can be assured that the hackers are no longer in the system and that people’s data is safe and once we can be assured that our legal aid platform is operating properly and is handling people’s data in a safe way, there will need to be a stocktake and an effort to learn lessons, not least as we embark—we are already in the process of doing this—on stabilising and transforming this system so that it is fit for the future. No doubt, there will be lessons from this particular attack for other public and Government bodies. The question of compensation must wait for another day. My priority is removing the hackers from the system, making sure that they feel the full force of the law and ensuring that, in the meantime, no person who needs legal aid cannot get it and the system continues to operate.
Recent cyber-attacks on retail targets have highlighted the cost to businesses and individuals of an organisation’s failure to take cyber-security sufficiently seriously. This attack on the Legal Aid Agency, resulting in the theft of millions of pieces of deeply sensitive personal data, is perhaps the most egregious yet. Why has it taken a newspaper article to bring the Minister to the Chamber? What else is she not telling us?
I am afraid that the hon. Lady has got her chronology the wrong way round. There was a newspaper article because the Ministry of Justice had published a public statement as soon as it became aware of the full extent of the threat. It did that to protect legal aid providers and their clients, the end users. We have been utterly transparent. It is not following the newspaper article; the hon. Lady has her facts exactly the wrong way round.
I thank the Minister for her detailed answers and reassurances. The legal aid system is an imperative cog in the wheels of justice, and this attack on it must be seen as an attack on justice as well. Can the Minister say whether the attack encompasses legal aid details from the entirety of the United Kingdom of Great Britain and Northern Ireland? What discussions have taken place with the Justice Minister in Northern Ireland, where people will have justified fears about their addresses being leaked to those who may harm them? What support is available to those who are now in fear, such as domestic abuse victims?
My understanding is that the entirety of the Legal Aid Agency’s system has been exposed. We do not know the full extent of that exposure and the theft that has taken place, and we will not know until investigations have been completed, but it is for that reason that we have taken the precaution of shutting the system down.
I can assure the hon. Gentleman that we will be in contact with all the devolved nations and regions to ensure that legal aid providers throughout the United Kingdom are kept informed. He is right: some of the most vulnerable people in society who are in receipt of legal aid will be feeling that much more vulnerable today. I deeply regret that, and it is what makes me so furious about what has happened. I urge them to be super-vigilant and to be in touch with their providers, and I urge those providers to contact the Legal Aid Agency, and contact us, about any particular vulnerabilities and about cases in which they need to continue to provide those clients with legal aid.
(2 months, 3 weeks ago)
General CommitteesI beg to move,
That the Committee has considered the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025.
It is a pleasure to serve under your chairship, Sir Desmond. The draft order makes a number of important changes to ensure that legal aid continues to support victims of domestic abuse. It is an important part of the Government’s commitment to ensure that legal aid continues to be available to those most in need and continues to serve some of the most vulnerable people in our society who need our support. It also ensures that our legal aid legislation is aligned with wider Government legislation on domestic abuse and immigration law.
Principally, this statutory instrument does four things. First, it will make changes to enhance the scope of immigration legal aid. It will make legal aid available for those eligible to apply for settlement in the United Kingdom as a victim of domestic abuse under the immigration rules. This change will ensure that all eligible domestic abuse victims can access legal aid for applications under this immigration route.
Secondly, it will amend the evidence requirements for domestic abuse victims applying for legal aid. It will do this by enabling victims to present evidence of abuse from appropriate medical practitioners overseas. Thirdly, it will make changes to terminology to align with the Domestic Abuse Act 2021, replacing the term “domestic violence” with “domestic abuse,” and the term “financial abuse” with “economic abuse.” It will also recognise that abuse against an individual may consist of behaviour directed at another individual, for example at the victim’s child. These changes will ensure consistency with wider legislation.
Finally, the statutory instrument will make changes to complement instruments made in 2023 and 2024 on the scope of legal aid in relation to domestic abuse protection orders and domestic abuse protection notices. If enacted, it will ensure fuller availability of legal aid for individuals in respect of these orders.
Before turning to each of the amendments and provisions in detail, I will take a moment to outline how the legal aid scheme works as a matter of generality. In general, civil legal aid is available to an individual if their issue is listed within part 1 of schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, otherwise known as LASPO. Then, in most cases, an individual must pass a means test—a check on their financial eligibility—and a merits test, which ensures that the taxpayer is not funding unmeritorious cases. In certain cases, most notably those involving victims of domestic abuse or child abuse, evidence requirements also need to be satisfied.
I will now turn to each of the four topics covered in this draft order. First, amendments will be made to the availability of immigration legal aid for victims of domestic abuse who are applying for leave to enter or remain in the UK. Currently, legal aid is available for some victims of domestic abuse who are eligible to apply for leave to remain in the UK under Home Office immigration rules, subject to means and merits tests. The immigration rules set out the rules for entering and remaining in the UK.
The immigration rules include “Appendix Victim of Domestic Abuse,” which I will henceforth refer to as “the appendix.” The appendix concerns victims whose leave to remain in the UK was based on their partner or spouse’s immigration status, and whose relationship has broken down as a result of domestic abuse. It is the route by which victims can apply for settlement in the UK independent of their partner’s status, ensuring that they can escape the abusive relationship without having to leave or be removed from the UK as a result. The eligibility requirements in the appendix are amended from time to time, and that is what we are doing here.
The draft order amends LASPO to ensure that legal aid provision for victims applying for leave to enter or remain in the UK is aligned with the latest requirements set out in the appendix. The changes will ensure that this alignment will continue in the event that amendments are made to the appendix in future. This will mean that all victims of domestic abuse can access legal aid to assist with an application under the appendix for leave to enter or remain, subject to means and merits tests.
Although this is a slightly different situation, I want to clarify what the Home Office’s response would be to the case of one of my constituents. She came into the UK with her partner and sought leave to remain. He was arrested four times for domestic abuse, and she alerted the Home Office to the fact that it had happened on two different occasions by literally sending in the film. Can the Minister elucidate a little how my constituent registered that information with the Home Office and it still granted that man leave to remain in the UK? He has now of course vanished off the face of the earth.
I thank the hon. Lady for raising that case. The circumstances that she describes are appalling, although obviously I cannot comment on the specifics of the case. How to deal with that would ultimately have been a matter for the Home Office. However, where there is evidence of domestic abuse that results in a criminal conviction, that is exactly what these proposed amendments are designed to protect against. We are extending legal aid to victims of domestic abuse where the perpetrator’s immigration status bears on theirs.
The hon. Lady is right that the circumstances she describes come at the issue from a different angle. Either way, what she describes is clearly appalling, and we should not be rewarding such behaviour by granting leave to remain in this country. Indeed, where someone is convicted of an offence, we should be looking to take all steps to remove them from this country.
I welcome the broad outline of what the Minister is describing in this draft order. I just wanted to highlight that particular case, which is very distressing for the constituent concerned.
Indeed, and the hon. Lady is very welcome to write to me about that specific case, if the Ministry of Justice is the appropriate place to deal with it. Of course, I will respond to her, but it may well be a question for the relevant Home Office Minister.
Secondly, this draft order will make changes to the evidence requirements that victims of domestic abuse must satisfy to receive legal aid. Acceptable forms of evidence are set out in schedule 1 to the Civil Legal Aid (Procedure) Regulations 2012. Currently, certain forms of overseas evidence are accepted as evidence of domestic abuse. For example, legal aid applications may include supporting documentation concerning an arrest or a police caution abroad. However, evidence of domestic abuse from overseas medical practitioners is not currently accepted. The Government wish to change regulations to enable evidence from appropriate health professionals who are licensed and registered overseas to be accepted for legal aid applications. That will enhance the ability of victims to take action against perpetrators.
Thirdly, the draft order will amend the terminology within LASPO and associated regulations to align with the Domestic Abuse Act 2021. Since its enactment, terminology across Government has moved away from “domestic violence” towards “domestic abuse” to recognise explicitly that perpetrators can often use more than just physical violence to harm an individual. Within its definition of “domestic abuse,” the 2021 Act describes such behaviour as including “physical or sexual abuse,” “violent or threatening behaviour,” “controlling or coercive behaviour”, “economic abuse” and
“psychological, emotional or other abuse”.
The inclusion of the term “economic abuse” in this definition rather than “financial abuse,” which is currently used within LASPO, also reflects a shift in recent years to acknowledge explicitly that abuse often goes beyond interfering with money and finances to include broader economic resources, such as housing, possessions and clothing.
Further, the Domestic Abuse Act expressly states that domestic abuse of an individual includes
“conduct directed at another person”.
For example, an abuser may direct behaviour towards a child in the household to facilitate or perpetuate the abuse of their partner. The definition of “domestic violence” in LASPO recognises that abuse extends beyond physical violence and therefore implicitly includes abuse directed at third parties. By updating the LASPO terminology to align with wording used in the Domestic Abuse Act, we aim to reduce the risk of victims perceiving that the abuse they are experiencing is out of scope for legal aid funding.
Finally, the draft order complements previous statutory instruments that made provision for bringing legal aid into scope for victims, third parties and those subject to domestic abuse protection orders and domestic abuse protection notices. DAPOs and DAPNs, as they are known, are new orders that are now available in Greater Manchester, three London boroughs—Bromley, Croydon and Sutton—and Cleveland, and are used by the British Transport police in those areas. We will shortly be extending DAPOs and DAPNs to north Wales.
The draft order makes further changes to LASPO and the Criminal Legal Aid (General) Regulations 2013 to bring other aspects of the Domestic Abuse Act in relation to DAPOs and DAPNs within scope of civil and criminal legal aid. These changes will help to ensure fuller availability of legal aid for individuals in respect of these orders. These technical changes are designed to address unintended gaps in provision.
To conclude, the draft order will make legal aid available to some of society’s most vulnerable people, furthering this Government’s ambition to support victims of domestic abuse.
I thank hon. Members for their contributions to a debate on a really important topic. The consensus that has been expressed is truly welcome. Though these are perhaps technical changes, they affect, as the hon. Member for Kingswinford and South Staffordshire rightly pointed out, some of the most vulnerable people, who need to navigate a complex legal and justice system. Legal aid, and the accessibility of that system, is critical to their ability both to know their rights and to enforce them.
I truly welcome the hon. Gentleman’s support for changes that, as he rightly says, are not just semantic but meaningful, and that we hope will capture wider types of behaviour within the scope of legal aid, while supporting the accessibility of legal aid in the context of the immigration system and in relation to DAPOs and DAPNs. I thank the hon. Member for Wells and Mendip Hills (Tessa Munt) for her intervention and, as I said, we may be able to follow up on that case.
The Ministry of Justice is piloting DAPOs because we believe that they can work. Our aspiration is to roll them out, but obviously we will do that in an evidence-based way. I can report to the Committee that the early signs are good. Both the police and the courts are finding that the orders are working. DAPOs are resulting in perpetrators being put behind bars for breaching them, and in those perpetrators being required to attend behaviour change programmes to alter their behaviour towards partners and others impacted by what are, ultimately, heinous types of coercion. The early signs are good, but we will be guided by the evidence, and we will of course keep the House updated on how it is bearing out. I welcome Members’ support for these technical but truly important changes.
Question put and agreed to.
(2 months, 3 weeks ago)
Commons ChamberWherever they are in England and Wales, people should benefit from equal access to legal support and legal aid. Remote technology and provision of online advice present the opportunity both to democratise legal advice and to deliver it to all who need to access it. We are investing an additional £92 million to support the sustainability of the criminal legal aid sector, and we are consulting on fee increases totalling £20 million for housing and immigration to increase access to civil legal aid. All of this will support legal aid across the country, including in rural areas.
North Norfolk is a legal aid desert. My residents have precious little access to family, criminal and housing legal assistance, despite the best efforts of local organisations such as the Norfolk Community Law Service. We face huge barriers to recruitment and retention in rural areas, such as the cost of housing, poor public transport and fees that, despite the uprating, are still too low. Things need to change. Will the Minister meet me and those working in the legal aid sector in North Norfolk to discuss what we can do to support those in need in areas such as mine?
I thank the hon. Member for raising the issue of legal aid deserts, and I welcome his suggestion that he write to me about these things. I regularly meet legal aid providers, and that is why we are investing an additional £6 million in legal support, which provides that early advice that can make a real difference in areas such as his.
Cornwall is a big rural legal aid desert. We have many volunteers who would be prepared to help and Citizens Advice could act as an umbrella organisation. Will the Minister meet me to discuss how we can get some of that funding for access to legal aid in rural areas into Cornwall?
My hon. Friend is right to raise the importance of early legal support and legal aid. That is why we are investing in online provision. As I have said, remote technology can make a real difference in areas such as hers. Before I came to this place, I volunteered in a free legal advice centre, so I know just how much of a difference such institutions can make.
This Government inherited a record rise in court backlogs. The last Conservative Government let down victims of crime, businesses, workers and families, all through their neglect and under-investment. This Government are gripping the crisis: to date we have funded a record high allocation of 110,000 Crown court sitting days for next year, and we are, and intend to be, at or close to the maximum in every jurisdiction. We are fixing the last Government’s mess.
I recently met representatives of the Rape and Sexual Abuse Support Centre in my constituency. They support hundreds of survivors every year through counselling, advice, and carrying out vital prevention work in schools and the wider community, but, as they explained to me, their work is being undermined by a justice system that is in crisis. Trials are routinely delayed, sometimes for up to four years, owing to a chronic shortage of judges, and as a result some victims are considering dropping their cases—not because they do not want justice, but because they cannot cope with such a traumatic experience. That is a gross injustice. I am grateful to the Minister for her answer, but will she expand specifically on how the Government will help to prevent re-traumatisation in the court backlog process, and on how they will continue to fund organisations such as RASASC?
We recognise the traumatic impact of delays in our Crown courts on victims of violence against women and girls and, indeed, victims of all crimes. The best thing we can do for those victims is deliver swifter justice. We will do that not just by spending extra money—which we have done—but through reform, so we have asked Sir Brian Leveson to propose bold and ambitious measures to deliver the swifter justice for which the hon. Member has asked.
I recently met, in my constituency, two people whose son and daughter-in-law had been brutally killed in June 2023. Nearly two years on, the case has yet to come to court. It has been delayed five times, and a date in October has now been set. On each occasion, the delays have caused huge anguish to the family. Will the Minister agree to meet me to discuss this matter, and can she tell me what steps the Government are taking to ensure that trials are conducted promptly so that justice can be received by such families?
I am desperately sorry to hear about the case that my hon. Friend describes. Once again, the best thing that we can do for those families, to ensure that they get swifter justice and get their day in court in a timely fashion, is bear down on the Crown court backlog. That is why we are waiting for Sir Brian Leveson to report in the spring, and why we will act promptly on his recommendations.
On prisons, the inheritance was dire; on Crown court backlogs, the inheritance was dire; and on legal aid services, once again the inheritance has been absolutely dire. This Government are rebuilding the legal aid system for those it serves and those who serve in it. That is why, in December, we announced up to £92 million more a year for criminal legal aid solicitors, on top of £24 million already announced for duty solicitors in police stations. We are also consulting on uplifts, as I said, in housing and immigration legal aid fees, worth an additional £20 million a year—the first increase in civil legal aid fees since 1996.
The Conservatives left legal aid in a mess, like so many other things, so I welcome the sums the Minister is announcing, but can she assure me that the money will reach Ealing? We have never even had a citizens advice bureau—not in the 10 years I have been the MP, and not in the 50 years I have been on the planet—to refer constituents to. Can she assure us that my constituents can get the access to justice they deserve?
I welcome my hon. Friend’s question. The Legal Aid Agency keeps contracts under review to ensure that there is provision right across the country, including in Ealing. As I said earlier, the additional money going into legal support, which includes advice services, such as citizens advice bureaux, law centres and other advice providers, will reach constituents just like hers, both remotely and face to face.
At a time when victims are waiting far too long for their day in court, it is right that we look at all options. We have asked Sir Brian Leveson to consider all options in his review, including the reclassification of some offences to summary only.
Although the extra sitting days to reduce court delays announced by the Secretary of State are welcome, does the Minister agree that the state of the court estate needs some attention, as some courts are out of action due to disrepair issues?
My hon. Friend is absolutely right. The other day I visited the Telford justice centre, where one of the courtrooms was out of use because of mould and a leaky roof. The Government are making an additional capital investment of £20 million this year to maintain and restore our buildings so that they can be full and active for use. We are also investing in new court buildings; from Blackpool to the City of London there will be new courts, and they will serve the public well.
The passing of Pope Francis was a profound loss. Throughout his life, he was a passionate advocate for a justice system that put reconciliation at its heart. With the publication of the independent sentencing review expected imminently, will the Government take this opportunity to move our justice system towards one that contains, in the words of Pope Francis, a “horizon of hope” and reintegration, and will they commit to restorative justice being placed at the heart of our justice system?