Oral Answers to Questions

Shailesh Vara Excerpts

Tuesday 11th November 2014 Commons Chamber

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

2. What recent progress he has made on his courts reform programme.

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

Since the Secretary of State’s written ministerial statement on 28 March this year, the programme team has been developing the detailed plans required to deliver the programme over the next five years, as well as working to identify the areas where we can make early progress.

[Bridget Phillipson]

I have lost count of the number of times I have raised with the Minister and his predecessors the wholly inadequate state of Sunderland’s court buildings and the need for a decision. Plans to rebuild the court complex have been on hold since 2010. Will the Minister now acknowledge to staff, to magistrates and to victims that they should not expect a decision this side of the election?

[Mr Vara]

The hon. Lady is aware that I had a meeting with her, along with her colleague, the hon. Member for Sunderland Central (Julie Elliott), and she has corresponded with me. She talks about having said the same thing over and over again. I have to say to her, over and over again, that there is a courts reform programme and the proposals for the Farringdon road site that she mentions are part of the mix. As we speak, no firm decision has been taken.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

Is it not the case that the rationalisation of the Courts Service by this Government has led to a faster, more effective and more efficient system? Therefore, is it not incumbent on us to move forward with further rationalisation as soon as possible, and would the Minister care to comment on the timing?

[Mr Vara]

I am grateful to my hon. Friend, who, of course, speaks with considerable knowledge on these matters. We are working apace to try to ensure that our courts are fit for the 21st century in that we have expeditious handing of judicial matters where there is proper protection for victims, defendants, and, indeed, lawyers.

[Dan Jarvis (Barnsley Central) (Lab)]

When victims have their day in court, far too many have to go through a traumatic experience that leaves them feeling like they are on trial themselves. That is one of the reasons Labour Members have been calling for a victims law. When I last raised this from the Dispatch Box, the Justice Secretary dismissed us as “always talking about laws”. Now that the Government have rushed out their own plans for a victims law, will the Minister tell the House when it will be published and explain what prompted his change of heart?

[Mr Vara]

The hon. Gentleman will be aware that we have done more for victims than his party’s Government did in 13 years. We are making sure that victims, who are often very vulnerable, have proper treatment and are looked after carefully. We have brought in measures that allow victims to have a say in court, which was certainly not the case before. We are bringing up the courts to be fit for the 21st century, which Labour failed to do in its 13 years. That will mean a better experience for victims, as some of the most vulnerable people who attend courts.

[Sir Peter Bottomley (Worthing West) (Con)]

My hon. Friend has twice referred to the 21st century. Will he build into the courts system a free, searchable online record of judgments of civil courts, including, particularly, the property chambers?

[Mr Vara]

My hon. Friend raises a good point. I shall certainly pass it on to the board of Her Majesty’s Courts and Tribunal Service, and we will consider it.

[Mr Speaker]

Mr Barry Sheerman is not here. I call Mr Nic Dakin.

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[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

13. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

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

We continue to work with stakeholders to see how we can improve the claims process for these tragic cases.

[Mr Bain]

Mesothelioma is an horrific industrial disease and its victims deserve much better than the shameful way in which they have been treated by this Government, with their botched consultations, prevarications and delays. Will the Minister, on behalf of the Lord Chancellor, confirm that he will not waste any more taxpayers’ money in further appealing the recent damning judicial review ruling made against his Department?

[Mr Vara]

We will certainly consider the way forward on that, but I will take no lectures from the hon. Gentleman on what we have done. This Government are putting provisions into the Deregulation Bill that will enable Her Majesty’s Revenue and Customs to provide information to legal representatives without a court order. We are liaising with the national cancer registration service and others to allow expedited access to medical notes. We also introduced the Mesothelioma Act 2014, which again benefits sufferers and victims. I will not take any lectures from him on that front.

[Mike Kane]

In the High Court case on the Government’s mesothelioma review, Mr Justice Davis ruled:

“No reasonable Lord Chancellor faced with the duty imposed on him by section 48 of the Act would have considered that the exercise in fact…fulfilled that duty.”

Will the Minister update the House on the Department’s response to that ruling?

[Mr Vara]

The hon. Gentleman was obviously concentrating on his question, so he did not hear my response. I said that we will consider the way forward, and we will proceed accordingly.

[Debbie Abrahams]

The chair of the Asbestos Victims Support Groups Forum UK has said that the Lord Chancellor’s plans for addressing the issues facing mesothelioma victims were

“rooted in a culture of secret deals with insurers and flawed consultations which excluded the victims of asbestos.”

Is it not time that the Lord Chancellor honoured the promise he made in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and stopped treating mesothelioma sufferers in this contemptible way?

[Mr Vara]

Clearly, the hon. Lady did not listen to what I said either. Let me be clear: we are talking about people who are suffering from a very horrific and tragic disease, and this Government are committed to ensuring that victims and sufferers have the best possible way of going through the process, particularly in getting compensation.

As far as insurance companies are concerned, the hon. Lady will be aware that when we had a consultation in July, the submissions by victims and groups such as the one she mentioned stated that they did not like the proposals that were angled towards insurance companies. We listened to those people and did not go ahead with the proposals that the insurance companies would have preferred. My right hon. Friend the Minister for Policing, Criminal Justice and Victims took through the Mesothelioma Bill earlier this year, which is of benefit to all the sufferers.

[Mr Andy Slaughter (Hammersmith) (Lab)]

It is not that Opposition Members are not listening, but that the Minister is not answering this question. Most civilised people would not have to be told that it is wrong to cut compensation for people suffering in great pain from a terrible disease that will kill them in a matter of months. Parliament told him not to do it, victims told him not to do it, the Justice Committee told him not to do it, and so did the High Court, but this Minister is trying to do just that to protect the profits of the insurance industry. Why do the Government always take the side of the strong against the weak?

[Mr Vara]

Again, I am disappointed that the hon. Gentleman did not listen to what I said earlier. [Interruption.] I am answering the question; it would help if the hon. Gentleman listened to the answer. As I said, we had a consultation in July, and we put forward proposals. We listened to people who made submissions —we listened hard—and we did not go ahead with proposals that would have been of benefit to the insurers. Which bit of that does he have a problem with?

[Heidi Alexander (Lewisham East) (Lab)]

7. What steps he plans to take to ensure that people have access to justice regardless of ability to pay.

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

The Government’s reform programme to promote access to justice aims to deliver a simpler justice system that is more accessible to the public. It aims to limit the scope for inappropriate litigation and the involvement of lawyers in issues that do not need legal input, and to support people in resolving their disputes through simpler, more informal remedies.

[Heidi Alexander]

The Minister will know that since this Government took the axe to legal aid, the number of litigants in person has been on the rise, clogging up the courts, costing time and costing money. How many more people defended themselves in court in the first six months of this year compared with the same period in 2010?

[Mr Vara]

The hon. Lady will be aware that there have always been litigants in person, even before the legal aid reductions. The Government are putting in place measures to assist those people. Moreover, judges are working with us to ensure that they are assisted. We will continue to monitor the position and give assistance to people who are acting as litigants in person.

[Jessica Morden (Newport East) (Lab)]

18. A retired Welsh judge told BBC Wales last month that cuts to legal aid in the family court meant rising numbers of couples representing themselves, more contested hearings and longer delays in resolving cases, which“must be damaging to the child”.What consideration are the Government giving to the extent to which the system is working in the best interests of children?

[Mr Vara]

I remind the hon. Lady that the manifesto on which she stood at the last election referred in chapter 5, page 5 to legal aid cuts that would be made if Labour got into government. Perhaps she would like to ask the Opposition Front Benchers whether they intend to reverse the cuts that we have made.

[Sadiq Khan (Tooting) (Lab)]

The Minister will be aware that we disagree with the scale of the civil and criminal legal aid cuts that his Government have made. Has he read the serious recent criticism from a senior judge, Sir James Munby; a retired judge, Sir John Royce, about whom my hon. Friend the Member for Newport East (Jessica Morden) asked a simple question; and Emma Scott, the director of the Rights for Women charity? They have all expressed concern about the impact of the Government’s cuts. Is the Minister aware of their concerns and will he meet them? They are apolitical, serious experts who are genuinely worried about the impact of his cuts.

[Mr Vara]

The right hon. Gentleman asks whether I have read certain things. Has he read The Law Society Gazette of 24 September, following the Labour conference? The heading was, “Labour will not reverse legal aid cuts—Slaughter”. The reporter states:

“Labour’s legal aid spokesman has warned that the party cannot reverse the cuts of the current government if it comes to power next year.”

It goes on to say—I will be brief, Mr Speaker—that

“in a packed meeting organised by Justice Alliance UK in Manchester…Slaughter said he could not commit to re-establishing legal aid.”

It quotes the hon. Member for Hammersmith (Mr Slaughter) as saying:

“We’re not going to get in a Tardis and go back to before”.

[Sheila Gilmore (Edinburgh East) (Lab)]

8. If he will conduct an evaluation of the effects of the judiciary providing the Department for Work and Pensions and appellants with reasons for their decisions in employment and support allowance appeals.

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

As part of the implementation, which commenced in March 2014, we will look carefully at the effects of the provision of summary reasons by judges in the social security and child support tribunal. The Department for Work and Pensions will provide feedback to the judiciary on the way in which summary reasons have been used. The Government have no plans to conduct a formal evaluation.

[Sheila Gilmore]

In the report by the Work and Pensions Committee on employment and support allowance in July last year, we pointed out that there was little point in having summary reasons if they were not used to drive better decisions and, ultimately, to reduce the number of appeals. Surely having a proper evaluation on a clear time scale would be the best way to ensure that that is happening.

[Mr Vara]

As I have said to the hon. Lady on at least two occasions, the provision of summary reasons is having a positive impact. The Department for Work and Pensions is working with the judiciary and the quality of the decisions that it is producing is much better than before, which is leading to fewer cases going to appeal.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

20. Will my hon. Friend take this opportunity to review—I understand that the Ministry of Justice was reviewing this matter—the length of time that tribunals are taking to reach decisions on personal independence payments? The amount of time that is being taken is causing great distress for each constituent concerned. I am sure that they would welcome news of a review and evaluation of the length of time that is being taken for appeals.

[Mr Vara]

Certainly. One of the issues at hand is that we are dealing effectively with the backlog of cases that existed before. As a consequence, the average time that is taken is being reduced. We are dealing expeditiously with new cases and trying to deal with the backlog.

[Andrew Stephenson (Pendle) (Con)]

9. What assessment he has made of trends in the level of convictions for stalking offences.

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[Bob Blackman (Harrow East) (Con)]

16. What progress he has made on ensuring that members of the public who help others or intervene in emergencies are not prosecuted if something goes wrong.

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

We want to encourage participation in activities which benefit others, but people can be deterred from getting involved by worries about risk and liability. The Social Action, Responsibility and Heroism Bill, currently before Parliament, will require the civil courts to consider whether a person has been acting for the benefit of society or intervening in an emergency if he or she is sued in negligence or for breach of statutory duty.

[Bob Blackman]

Clearly we want to encourage good Samaritans to go to the aid of those in distress. What further measures can my hon. Friend propose to ensure that people who assist those in distress are protected from unnecessary legal action?

[Mr Vara]

I entirely agree with my hon. Friend. The Bill will send a powerful message to the public that if they are acting selflessly in an emergency to help somebody in danger and something goes wrong, the courts will always consider the context of their actions if they are sued in negligence or for breach of statutory duty.

[Mr Andrew Turner (Isle of Wight) (Con)]

21. What estimate he has made of the cost to the public purse of providing legal representation for offenders accused of trivial offences whilst in custody in the last 12 months.

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

The Legal Aid Agency does not record whether offences were committed while the offender was in custody, as that is not relevant to assessing eligibility for legal aid. In the magistrates courts relatively minor criminal offences are generally unlikely to pass the interests of justice test.

[Mr Turner]

Will my hon. Friend reassure me and my constituents, many of whom work in the prisons, that changes made under this Government mean that inmates can no longer get legal aid for frivolous or vexatious causes, such as arguments over damaged property or the condition of their cells?

[Mr Vara]

I can certainly give my hon. Friend that assurance. Earlier in this Parliament we reformed civil legal aid so that only the most serious compensation cases are in scope—for example, where there has been abuse of a child or a vulnerable adult, a sexual assault or a significant breach of human rights. Civil legal aid applications, including for exceptional funding, are subject to a merits test, as well as a means test. From 2 December last year, treatment matters, including prison conditions, were removed from the scope of criminal legal aid for prison law.

[Mr Speaker]

Unusually, we are ahead of time, but most of the principals are present and therefore we shall proceed.

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[Nadhim Zahawi (Stratford-on-Avon) (Con)]

T5. Last month saw the introduction of a fixed fee for whiplash injury reports, reducing the costs to insurers from several hundreds of pounds to just £180. Has the Minister made an assessment of the impact of this on spurious claims?

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

The introduction of fixed costs for medical reports is just one element, albeit an important one, in the Government’s whiplash reform programme. We have undertaken a detailed impact assessment of the programme, which we intend to publish very soon.

[Sarah Champion (Rotherham) (Lab)]

T4. How will the Secretary of State ensure that the new national helpline for victims is properly joined up with local information and support services provided by police and crime commissioners?

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[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

In a recent court case where a child was being considered for adoption, it was reported that the president of the family division described it as “profoundly disturbing” that the parents did not qualify for legal aid and could not afford legal aid representation. Given the lifelong nature of adoption, will the Secretary of State look again at the issue of legal aid funding for these kinds of cases?

[Mr Vara]

We are in regular dialogue with the judiciary—indeed, I have had a meeting with Sir James Munby—but we have had to take some tough decisions on legal aid. At some £2 billion a year, it was the most expensive legal aid budget in the world, and even after the reductions, it will remain one of the most generous in the world.

[Jackie Doyle-Price (Thurrock) (Con)]

My constituents believe that the emphasis on human rights is leading to an excessively light touch when dealing with unauthorised Traveller encampments. Does my right hon. Friend agree that to enjoy the benefits of human rights, individuals should also acknowledge their responsibilities to abide by the law?

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

The Secretary of State will be aware that former Fenton magistrates court—now Fenton town hall building again—is currently occupied by protesters concerned about the memorials inside it and the building itself. In the past, he has kindly stood at the Dispatch Box and confirmed that the memorials would be protected by covenants if the building was sold, but my constituents are concerned that a developer might simply ignore those and demolish the building anyway, resulting in the loss for ever of these memorials, which are priceless and incredibly important to the people of Fenton. Will he meet me and a delegation of local residents to discuss this matter and, I hope, put their minds at rest, and to talk about the future of the building itself?

[Mr Vara]

I am grateful to the hon. Gentleman for raising this issue and I can give him an assurance that my office has been in touch with people locally this morning. My main concern is that the protesters are safe and secure and that they have proper food, water, heating and other provisions. I am more than happy to agree to a meeting with the hon. Gentleman and the people who are very passionate about this issue.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

I am a firm believer in the independence of the judiciary, but will my right hon. Friend look into the case of a constituent who was charged and sentenced under court martial? He is firmly of the view, as his superiors can apparently confirm, that he was not given adequate legal representation at any stage of the case. Will my right hon. Friend assist in at least reviewing the process and the natural justice of this case?

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[Jim Shannon (Strangford) (DUP)]

Following on from the earlier question about mesothelioma, more than 2,000 Harland and Wolff workers received compensation of £30,000 before privatisation in 1989. On 25 July 2012, it was announced that through the Bill that was to become the Mesothelioma Act 2014 there would be a compensation settlement of between £115,000 and £123,000. What steps will the Minister take to ensure that Harland and Wolff workers in Northern Ireland receive comparative and fair compensation?

[Mr Vara]

It is crucial that the sufferers of this horrible disease get the full compensation they are due. We are working closely with victims groups and various other groups, as I mentioned earlier, to ensure that the process is as simple and easy as possible and that the compensation that is rightfully due to them and others is received as quickly as possible.

[Mr Philip Hollobone (Kettering) (Con)]

How many foreign national offenders are there in our prisons and what steps have been taken to return them to serve out their sentences in their countries of origin?