Criminal Justice (North Wales)

Shailesh Vara Excerpts

Thursday 19th December 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

I thank the hon. Member for Wrexham (Ian Lucas) for the kind comments he made at the outset of his remarks about my appointment. I assure him that it is no inconvenience for me to be here today, notwithstanding the fact that it is the last debate before the Christmas recess. I congratulate him on securing this debate. It is an important issue—all the more reason why I am pleased to be here—not only for the hon. Gentleman but for his constituents. That is evident from the number of parliamentary questions he has submitted, the correspondence in which he has engaged, and the fact he has secured this debate.

The hon. Gentleman raised a number of issues, and I hope that during my speech I will address some of his concerns. I apologise that the letter he wrote to me received a reply that was sent by e-mail only yesterday. As a colleague, I appreciate how many e-mails we all get, but it is somewhere in the system and I apologise for the delay, which should not have happened. I appreciate that the hon. Gentleman has had difficulty trying to arrange meetings with local judicial staff and, as far as I am able, I will try to assist to facilitate that meeting for him and his colleagues.

It is important to recognise two issues. We are talking about the potential merger of two benches, which is a matter for the judiciary. The hon. Gentleman will be aware that constitutionally, the judiciary is independent of the Executive. A potential merger of benches is a matter for the magistrates to come to a conclusion on, working with the justice clerk. The management of Her Majesty’s Courts and Tribunals Service falls within the Ministry of Justice, so there is departmental responsibility at our end. As I proceed with my remarks, I hope I will address some of the issues raised by the hon. Gentleman.

Let me be clear at the outset: the delivery of criminal justice is a crucial priority for the Government. That is why, among other measures, we are investing in the digital courtroom, as part of the strategy and action plan for reform of the criminal justice system. The hon. Gentleman will appreciate that effective magistrates courts are the cornerstone of our justice system. They deal with 95% of the criminal cases that go through the courts in England and Wales.

--- Later in debate ---

Motion made, and Question proposed, That this House do now adjourn.—(John Penrose.)

[Mr Vara]

The work that magistrates do in north Wales and across the court service is absolutely vital. The partnership between the magistracy and officials who manage the courts is an essential prerequisite for the successful operation of our magistrates courts. In the case of magistrates courts, this partnership is built up through regular meetings between bench chairs and officials, providing the opportunity to discuss the conduct of court business, including listing arrangements. It is therefore to be expected that the chairs of Wrexham and Mold benches would discuss the potential arrangement of local justice areas in north Wales during meetings with officials.

As the hon. Gentleman is aware, the local justices issues group concluded in late 2012 that the reorganisation of local justice areas, including the merger of the Wrexham and Flintshire local justice areas, would provide the most efficient framework for the administration of justice in north Wales.

I am aware that the hon. Gentleman took the time and trouble to respond in detail to the consultation. However, as he will be aware, the consultation was suspended when it became clear that the wider proposals for north Wales no longer had the support of all the bench chairs, as had been previously understood. Following further consideration, the proposals were withdrawn. I hope the hon. Gentleman will take away from that the fact that the voice of the people who took the trouble to take part in the consultation was heard. This is a decision based on views taken in by outsiders, and not on decisions taken at the top.

[Ian Lucas]

On that point, the difficulty is that steps were taken subsequently, in terms of the transfer of business between the two courts, that seem to pursue the agenda suggested in the withdrawn consultation.

[Mr Vara]

I appreciate where the hon. Gentleman is coming from, but the listing of cases is a matter for the judiciary to decide as it sees best so that it can get the business done and hear as many cases as possible. It is important to recognise that distinction. As far as the consultation is concerned, it was pulled. I understand that there is talk among the magistrates—not at the Ministry of Justice end, but among the magistrates—that there may be another consultation, but that is a matter I hope he will be able to address in direct communications with them. As I said at the outset, I will try to facilitate a meeting for him.

It is important to appreciate that any new proposals to merge local justice areas in north Wales would be subject to a consultation. I am aware that the bench chairmen for Flintshire and Wrexham are keen to consult on mergers, because they believe they will result in a more efficient and effective structure for the magistracy in north-east Wales.

If a consultation does go ahead, all local magistrates, local authorities, members of the local criminal justice board and other interested parties—including, of course, all local MPs and other locally elected officials—will be able to comment. It would be for the justices clerk and the local justices issues group to consider the responses to the consultation and, should there be a case for merger, they will then formulate their final recommendation in respect of the new structure.

In considering changes to local justice areas, account will of course be taken of access to justice and how to deal effectively with the business of magistrates courts. This will include the needs of local communities and the wider criminal justice system infrastructure, the deployment of magistrates and their need for support, and the workload and deployment of Her Majesty’s Courts and Tribunals Service staff.

I emphasise that changes to local justice areas take place periodically and are driven by the need to create listing efficiencies and deploy magistrates as efficiently as possible. If a new consultation on changes to local justice areas in north Wales takes place, it should not be viewed as an automatic precursor to the closure of a courthouse. As the hon. Gentleman will be aware, North Wales police has announced plans, following public consultation, to improve service provision in north Wales, but these will not automatically lead to the closure of magistrates courts. We are aware that the police will vacate their existing premises in Wrexham in 2016-17, which will have implications for the court and how it deals with custody cases, but when circumstances change in this way, the Courts and Tribunals Service will need to assess the most appropriate way for criminal cases to be effectively delivered in the area.

The hon. Gentleman might feel that the lack of cells will automatically lead to the closure of the court, but that is not the case. He did not dwell on this in his speech, but he will be aware of it and the consultation by the local police. I can reassure him that an open and transparent consultation process is used when deciding whether to close a court. Crucially, any proposals on the future of a court are considered with emphasis on the local area and how justice is best served there. Several factors will be taken into consideration before starting a consultation, including an assessment of the work load and utilisation of the court. The Courts and Tribunals Service also takes into account whether a suitable alternative location for the work is available and whether it could be accommodated elsewhere without a detrimental impact on service levels. If a consultation is published, it is important that local stakeholders and partners and elected officials be properly engaged to ensure that all relevant views are taken into account.

There is then a full analysis of all responses received before any decision is made. The response to the consultation is always accompanied by an impact assessment. I hope that this reassures the hon. Gentleman that when there are proposals to change the deployment of magistrates or the court estate, proper and distinct processes are followed, ensuring that decisions are made only once the views of relevant parties have been considered through the open and transparent consultation processes. I stress that the Government are committed to providing court users in north Wales with proper and effective access to justice. In so doing, hard-working taxpayers rightly expect us to reduce the cost of operating courts and tribunals while maintaining an effective service for court users.

In this country, we have one of the best justice systems in the world. Whatever decisions are taken, it is always central to our thought process that we ensure this world-class justice system continues. On that note, I conclude by wishing you, Mr Deputy Speaker, the court officials and the hon. Gentleman a merry Christmas. Also, I extend a special greeting to the security staff, who look after us while we do our work and ensure we can do it safely.

Question put and agreed to.