Law Commission (Triennial Review)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
My right hon. Friend the Minister of State for Justice, Lord Faulks, has made the following written ministerial statement:
I am pleased to announce the publication of the report of stage 2 of the triennial review of the Law Commission. I have placed a copy in the Libraries of both Houses. When the stage 1 report was published in July 2013 the Government undertook to report back to Parliament on the outcome of stage 2 of the review.
In line with Cabinet Office principal aims for triennial reviews, stage 2 has involved an assessment of the Law Commission’s governance arrangements against best practice standards to ensure that, as a public body, it is complying with recognised principles of good corporate governance.
The review identified a number of areas of good practice by the Law Commission and its sponsor team at the Ministry of Justice. In particular, it commended the Commission’s open and transparent approach to law reform and policy making.
Although there are few problems in practice, the review identified there was scope for improvement in the corporate governance arrangements in place in relation to the Commission and made a number of recommendations. These include developing a framework document that will codify the Commission’s terms of reference and sponsorship arrangements with the Ministry of Justice, as well as updating the Commission’s code of best practice to ensure it is line with current guidance. Progress towards implementation will be reviewed six months after the publication of the stage 2 report.
Oral Answers to Questions
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Andy McDonald (Middlesbrough) (Lab)
11. What his future plans for legal aid are.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
We are implementing the reforms of litigation procurement and Crown court advocacy fees that we announced last month. Although making fee reductions is unavoidable, we have listened to the professions wherever we can and taken concrete steps to ease the impact of the changes. Moreover, the Justice Secretary has given a personal commitment that this Government will not seek further savings from criminal legal aid.
The Ministry of Justice and the Legal Aid Agency keep the operation of both the criminal and civil legal aid schemes under continual review. The Government plan to undertake a post-implementation review of the legal aid provisions within the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within three to five years of implementation. That review will include an assessment of the impact of the reforms implemented during that period.
Stephen Timms
The cost of legal aid came in at £56 million less than was budgeted last year, and research commissioned by the Law Society from Oxford Economics argues that falling crime will reduce the legal aid bill by £80 million by 2018-19. What assessment has the Minister made of the argument that the spending cuts will be delivered without the scale of service reductions he is currently proposing?
Mr Vara
We need to look at the bigger picture and recognise that legal aid expenditure in this country—for England and Wales—is some £2 billion, which makes our system one of the most expensive in the world. Even after the reductions have gone through, the bill will still be one of the most generous in the world. We have to ensure that these reductions go through so that the legal aid budget remains sustainable.
Paul Blomfield
After a legal aid-funded judicial review of a negative reasonable grounds decision, the Home Office agreed that a Sheffield resident was a victim of trafficking. Under the new regime she would not pass the residence test for legal aid. The Government have been making much recently of their commitment to tackle human trafficking, so will they now reconsider their decision to reject the recommendation by the Joint Committee on Human Rights to exempt from the residence test all cases where the status of a trafficking victim is contested?
Andy McDonald
Is the Secretary of State worried by the increasing number of defendants in serious cases who cannot access legal advice following the 30% cut in advocates’ fees?
Mr Vara
It is important to put things into perspective. The 30% reduction applies to only a tiny number of criminal cases—they are called “very high cost cases” and constitute less than 1% of Crown court cases. The reductions we are making will ensure that the barristers who do that sort of work are still receiving good fee income.
Mr Jonathan Djanogly (Huntingdon) (Con)
It is generally recognised that the criminal legal aid provider market is fragmented, underinvested and unsustainable, so has my hon. Friend yet been able to assess whether his reforms will lead to the necessary market consolidation?
Mr Vara
My hon. Friend makes a good point: it is important to recognise that the legal market has changed and we need to change with it. We very much hope that our proposals will ensure that we have a sustainable legal aid budget which ensures that those who need legal aid assistance will be able to get it, from both solicitors and advocates.
Mr David Nuttall (Bury North) (Con)
Has my hon. Friend made an assessment of how much of the criminal legal aid budget is spent on cases where the defendant maintains they are innocent only to plead guilty at the last minute before the trial?
Sarah Teather (Brent Central) (LD)
In their response to the JCHR report on legal aid reform, the Government agreed to exempt sections 17 and 20 of the Children Act 1989 from the residence test. However, that exemption will not include judicial review, despite the fact that it is often the only remedy available, thereby apparently undermining the exemption that has been made. Will the Minister look closely at expanding the exemption to include judicial review?
Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)
20. On how many occasions has the Attorney-General had to appoint an amicus curiae as a result of the Government’s legal aid cuts?
Henry Smith (Crawley) (Con)
Statistics show that the number of non-molestation orders issued by the English courts has recently increased, and there is some suggestion that they may be used as an additional route to obtaining legal aid. Will my hon. Friend undertake to investigate that further?
Mr Andy Slaughter (Hammersmith) (Lab)
Does the Minister agree with his colleague the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), that the Government’s cuts to legal aid are “unarguably harsh”? Will the Minister correct his own overestimate of the earnings of legal aid lawyers, which the UK Statistics Authority yesterday called “potentially misleading”? Is it not time that the Ministry of Justice ministerial team put themselves in order?
Mr Vara
It is rather rich of the hon. Gentleman to speak about legal aid. The Opposition’s manifesto made it abundantly clear that they would cut legal aid. He and his colleagues lack any credibility unless they put on the record what cuts they would make and, more importantly, whether they would reverse the cuts that we are making.
Mr Julian Brazier (Canterbury) (Con)
Will my hon. Friend look at the workings of the Legal Aid Board, so that we never again see a case such as the one in which the board in Essex awarded legal aid to a violent husband to employ a private detective to pursue a battered wife to my constituency?
Sheila Gilmore (Edinburgh East) (Lab)
5. What progress he has made in ensuring that the judiciary provide the Department for Work and Pensions and appellants with reasons for their conclusions in appeals against employment and support allowance.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
The hon. Lady will appreciate that the provision of this information is a matter for the judiciary. However, they have agreed to provide the Department for Work and Pensions and appellants with summary reasons for their decisions in employment and support allowance appeals. That approach was successfully piloted at four tribunal venues from June 2013 and will be rolled out later this year.
Sheila Gilmore
I thank the Minister for that answer, but the most recent statistics show that 45% of ESA appeals are successful. That is a slightly higher figure than in the previous set of statistics and suggests that the flow of information that could ensure that the decisions are right first time is still not happening. When will we see a published proper evaluation of what is going on?
Mr Vara
The pilot programme is now being rolled out and we need to see its full impact. The DWP has found the information it has been given very useful and as a consequence it is in the process of revising the guidance for decision makers. It is to be hoped that the decisions taken as a consequence will be of a much better standard.
Mr Philip Hollobone (Kettering) (Con)
In Kettering, benefit claimants who appeal against refusals sometimes have to wait for more than 40 weeks for their appeals to be heard. That is completely unacceptable and involves some of the longest waits in the whole country. What is being done by the Department to tackle these long waiting times?
Mr Speaker
Order. There is a lot of very raucous noise from those on the Opposition Benches. The Minister is a very courteous fellow and he is trying to address—[Interruption.] Order. He is trying to address the House. Let us hear him.
Mike Kane (Wythenshawe and Sale East) (Lab)
7. What his future plans are for access to judicial review.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
Judicial review is, and will remain, a vital means of holding public authorities to account, but the Government are concerned about the potential for unmeritorious judicial reviews being used to frustrate decisions that have been properly made, to generate publicity and to cause delay. Last month we announced a package of reforms designed to reduce the number of unmeritorious claims and speed up the process for those claimants who have arguable grounds and a genuine case to put. Most of our reforms will be given effect through the Criminal Justice and Courts Bill, which is currently in Committee—a Committee on which the hon. Gentleman is serving.
Mike Kane
Last week, the Public Bill Committee on the Criminal Justice and Courts Bill heard evidence from 17 leading experts in the field of judicial review. Is not the Minister just a little concerned that not one of them agrees with the Government’s position as set out in that Bill?
Mr Vara
I am afraid that if the hon. Gentleman looks carefully at that evidence, he will find that one of the very last people to speak—I am thinking of only one person who comes to mind—said that the reforms would be helpful for development. Judicial review is a very good system of holding the Executive to account, but it is our intention to ensure that unmeritorious claims are dealt with so that those that are genuine can go through to help the economy and the taxpayer and ensure, ultimately, that those who want jobs can get them.
Robert Neill (Bromley and Chislehurst) (Con)
Does my hon. Friend agree that unmeritorious judicial reviews not only bring the judicial system into public disrepute but are frequently a significant financial burden on democratically elected local authorities, which might find their attempts to carry out the wishes of their electorate frustrated?
Mr Vara
That is absolutely the case. Some local authorities are trying to help the economy through projects, only for them to be frustrated by unmeritorious claims. The taxpayer loses out because of the extra costs, the efforts of those who wish the projects to make progress or to have employment in them are stifled and, ultimately, the economy does not recover in the way that it ought to. That is what we are trying to achieve, to put right the consequences of the Opposition’s time in government.
Bob Blackman (Harrow East) (Con)
8. What recent representations he has received on the role played by the London mayoralty in the delivery of justice in London.
Mr David Crausby (Bolton North East) (Lab)
9. What further plans he has to close courts before 2015.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
Her Majesty’s Courts and Tribunals Service continues to keep the use of its estate under review to ensure it meets operational requirements. Any new proposals to close courts or tribunals beyond those already announced would be subject to consultation.
Mr Crausby
For too many years Bolton magistrates court has been dogged by rumour of closure, when what the court needs is stability. Can the Minister assure me that there will be no further change of mind on the future of Bolton magistrates court?
Mr Vara
I can assure the hon. Gentleman that, as far as I am aware, there are no plans at present as regards Bolton magistrates court, but he will appreciate that the court estate has to be kept under review to ensure that it meets operational needs. In the event that anything happens, there will be a consultation. Nothing is planned for Bolton magistrates court.
Mr Christopher Chope (Christchurch) (Con)
How many magistrates courts does my hon. Friend think could be closed if they no longer had to deal with television tax evaders?
Ian Lucas (Wrexham) (Lab)
Proposals to merge Wrexham and Flintshire magistrates court benches are being carried forward without public consultation. Does the Minister think that is appropriate?
Rehman Chishti (Gillingham and Rainham) (Con)
In relation to court closures, Medway magistrates court has an excellent virtual court scheme. However, funding has not been renewed for the scheme, which has received national recognition. Will the Minister review that and confirm the Government’s commitment to virtual court schemes?
Miss Anne McIntosh (Thirsk and Malton) (Con)
10. What assessment he has made of recent trends in the level of staffing of the Prison Service.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
We have received a small number of representations on pleural plaques over the past few months, including some from Members of Parliament on behalf of their constituents.
Mr Hepburn
Does the Minister agree that the current system of compensation for pleural plaques is grossly unfair? People with pleural plaques living in Scotland or Northern Ireland qualify for compensation, but those living in England or Wales do not. Does he think that is unfair, and is he going to do anything about it?
Mr Vara
The hon. Gentleman will appreciate that there are different legal jurisdictions, which means that there will occasionally be differences. In the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords judgment that the condition of pleural plaques is not compensatable under the civil law.
Katy Clark (North Ayrshire and Arran) (Lab)
16. What recent progress has been made on the release of papers relating to the Shrewsbury 24.
Stella Creasy (Walthamstow) (Lab/Co-op)
T2. Legal aid used for injunctions and stays pending judicial review has been vital in preventing ordinary families from spiralling into homelessness and, indeed, in saving the public purse the costs of incorrectly made homelessness decisions by local authorities. Will Ministers confirm whether the changes made to legal aid in regulations last week have retained that specific protection?
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
The provisions are there and there are exceptions. The hon. Lady will be aware that the argument constantly put forward that legal aid is being taken away from everyone simply does not match up. For those who are in need and when people’s individual liberty is at stake, legal aid is provided, as is the case with other provisions.
Mr Tobias Ellwood (Bournemouth East) (Con)
T4. What steps is my right hon. Friend taking to give victims of crime a greater voice so that the impact of crimes can be seen and heard?
David Mowat (Warrington South) (Con)
The recent orchestrated action by self-employed barristers in protection of their commercial interest is prima facie evidence of an anti-competitive cartel. Such a cartel would be illegal under EU and UK competition law. What can we do to uphold the law in this area?
Mr Vara
The action taken by barristers recently is very regrettable. It caused a lot of inconvenience to victims and witnesses. I just want to assure the legal profession that the door of the Secretary of State for Justice and my door are wide open, and we hope that we can engage in constructive dialogue.
Andrew Gwynne (Denton and Reddish) (Lab)
T8. Last autumn, Ministers said that no prisoners were being held in police cells, but figures show that there were 608 occasions on which prisoners were held in police cells between October and January. Will the Minister apologise?
Neath-Port Talbot Magistrates Court
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
It is a pleasure to serve under your chairmanship this afternoon, Mr Pritchard. I thank the right hon. Member for Neath (Mr Hain) for securing this debate and for his continued interest in the subject. As is clear from his comments and from the record in Hansard, he has taken a huge amount of interest in the subject.
I appreciate that the Lord Chancellor’s decision to proceed with the closure of Neath magistrates court is a deep disappointment to the right hon. Gentleman, who has already met the Secretary of State for Justice twice, as he mentioned. I know that on one occasion he met the Secretary of State with others, who presented a petition opposing the closure.
At those meetings and throughout the consultation process, we have listened carefully to the points made against the proposal to close the court. The consultation on the future of Neath magistrates court was published on 26 September 2013. It proposed that the court should close and that the work should move to Swansea magistrates court nine miles away. The consultation document set out that Neath Port Talbot borough council wished to purchase the site of Neath magistrates court and to demolish the building to enable development of the site as part of its plans to regenerate the town centre.
The impact assessment of the consultation concluded that the closure of Neath magistrates court would save £220,000 a year, whereas retaining and undertaking the required maintenance to the court would cost a minimum of £1.3 million.
Mr Vara
The right hon. Gentleman made it abundantly clear from his speech that he has looked into all the figures. Clearly, he will not be satisfied with whatever figures I give. I have a limited amount of time, because he used more time than is customary for the person opening the debate, and I am keen to put the Government’s view on record. Therefore he will forgive me if I do not repeat the figures, but I will state them as I see them. I will deal with the county court shortly, but as far as figures are concerned, the maintenance work for the current magistrates court would cost £1.3 million.
Several factors were taken into consideration before developing the consultation proposals, including work load, current and projected future utilisation, and whether there was a suitable alternative location where the work could be accommodated without a detrimental impact on service levels.
When the consultation was published, local stakeholders, partners and elected officials were directly engaged to ensure that they were aware of the proposals and could provide a considered response before the consultation closed. The consultation was conducted in line with the process set out by my predecessor’s written ministerial statement on 17 July 2013, which set out that future consultations on courts and tribunals would be locally focused, run for six weeks, and reduce parliamentary and administrative bureaucracy. Any proposals on the future of a court would be considered with emphasis on the local area and how justice would be most efficiently delivered there.
Some 63 responses were received to the consultation. I am happy to put on the record that most respondents supported the closure of the court house on its current site to enable the regeneration of Neath town centre. However, I am also happy to put on the record that most responses argued for the retention of a magistrates court within the town’s boundaries. That view is clearly shared by the right hon. Gentleman and, I understand, many local magistrates. I am aware that the right hon. Gentleman discussed that during meetings with the Secretary of State. In particular, he suggested that Neath and Port Talbot county court could be converted to conduct magistrates court hearings.
Her Majesty’s Courts and Tribunals Service has been aware of the council’s regeneration plans for several years. There have been a number of informal discussions with the council about potential options to relocate the magistrates court in Neath. However, the alternative sites suggested by the council were all in unsuitable shared facilities. A site was identified for a new building, but estimated costs at the time were between £6 million and £11 million and simply not affordable.
HMCTS officials have considered in detail the option to relocate to Neath county court. It would have required the use of a custody facility in the adjacent police station. Costs for a custodial facility were estimated at £1.46 million. While there were some preliminary discussions with the council regarding funding, no formal agreement was reached. There would, in any case, have been additional costs, including an estimated £285,000 to transfer the work of the county court to Port Talbot justice centre.
I accept that there will be an impact on court users, justices and staff. Many will have to travel to attend court in Swansea, including some who will have to use public transport. However, I do not believe that that prevents access to the courts system or compromises the quality of the service provided. HMCTS will seek to make arrangements for customers who are unable to attend court at a particular time and will continue to explore ways to reduce the impact of the closure on court users.
I take on board what the right hon. Gentleman said about the number of people in his area who do not have cars. In any case, travelling to Swansea by car will be within an hour. For those using public transport, 65% will have travel times of less than an hour. Travel times will be reduced for people living nearer to Swansea. For those who use trains—there is a train service—the extra travel time is 15 minutes each way, with trains running every half an hour.
Discussions are currently under way with South Wales police to consider whether it is possible to establish a facility for vulnerable witnesses to give evidence in criminal proceedings via a live video link from a location in the Neath area. That would provide a safe and secure environment and avoid the need for victims and witnesses to travel to court, improving their experience when giving evidence at trial. Contrary to the concern expressed by the right hon. Gentleman, HMCTS does not intend to locate any video link facility to Swansea magistrates court from Neath county court.
Since the decision to close Neath magistrates court was announced, as the right hon. Gentleman knows, the court suffered extensive storm damage in February 2014. During that time, court business and staff were transferred to Swansea magistrates court for 10 days to minimise disruption to hearings. That proved to be a successful contingency arrangement, during which no significant issues were raised. I appreciate that the right hon. Gentleman would disagree, but from our point of view, that worked well. That Swansea magistrates court was able to accommodate that work at short notice is a reassurance that it will be able to absorb successfully the work of Neath magistrates court when it closes.
I am pleased to say that, following safety inspections and a new fire certificate being issued, hearings resumed at Neath on 3 March 2014. Officials are finalising plans for the smooth transfer of work, justices and staff to Swansea, and an announcement of the closure date for the court will be made locally.
As is the case with any publicly funded body, HMCTS has a duty to ensure that its estate is utilised as cost-effectively as possible. We must ensure that we provide value for money for the taxpayer.
Let me emphasise that the Lord Chancellor’s decision to close the court was not taken lightly. It was made after a detailed analysis of the work load of the Neath and Swansea courts, and in consideration of all the points raised in the consultation responses. While it was clear to the Lord Chancellor that many people in Neath, including the right hon. Gentleman, had sincere concerns about the closure, on balance, they did not outweigh the benefits of the proposals or suggest that access to court services would be genuinely compromised.
Question put and agreed to.
Mesothelioma Claims
Shailesh Vara Excerpts(10 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
My noble Friend, the Minister for Justice, Lord Faulks, has made the following statement:
On 4 December 2013, Official Report, column 55WS, my hon. Friend, the Member for North West Cambridgeshire (Mr Vara) who is responsible for courts and legal aid issued a written ministerial statement announcing the Government’s decisions following its “Reforming mesothelioma claims” consultation. I am today announcing the publication of the Government’s full response to that consultation which contains the report under section 48 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012.
The Government are keen to continue working constructively with stakeholders to identify reforms which might potentially improve the compensation claims process for mesothelioma.
Copies of the response have been placed in the Libraries of both Houses. The document is also available online at: http://www.justice.gov.uk.
Criminal Justice and Courts Bill
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
May I start by thanking all Members, on both sides of the House, who have spoken today? The debate has been both considered and thorough, and the number of points that have been raised confirms the importance of the issues before us.
As my right hon. Friend the Lord Chancellor set out at the start of this debate, the Bill represents the next stage of our reforms to deliver a cost-effective justice system in which the public can have real confidence. The key elements of the Bill will deliver a firm but fair package of sentencing and criminal law reforms, which will properly punish serious and repeat offenders and better protect victims and the public. We are clear that people who break the law will not escape the law.
The Bill provides for the creation of secure colleges, putting education at the very heart of youth custody, giving young offenders the tools they need to lead a life away from crime. We are modernising the law to tackle the influence of the internet on trials by jury to ensure that defendants receive a fair trial, reflecting how technology and the wealth of information available at the touch of a button has changed the way in which we live. We will reduce the burden of the cost of courts on hard-working taxpayers by making sure that criminals pay towards the cost of their court cases. The Bill will make critical reforms to judicial review, to tackle unmeritorious claims and unnecessary delays in the system.
Members have raised a number of issues, many of which will, of course, be debated further in Committee. However, I should like to touch on some of the points made by colleagues. They will forgive me for not being able to mention every point made in every speech, but I shall try to cover as many of them as I possibly can.
My hon. Friend the Member for Huntingdon (Mr Djanogly) started by commenting on the proposals for single magistrates to deal with low-level, uncontested cases. This issue was touched on by a number of other colleagues. Let me be clear that we are talking about low-level, uncontested cases. Let me also be clear that where someone wishes to contest a case, they can have it heard before two or three magistrates and it can be dealt with in the usual way. This proposal is for cases—the vast majority of them—where people simply do not bother to turn up or reply, or if they do, they plead guilty.
Karl Turner
If that is the Government’s intention, why does the Bill not say that?
Mr Vara
It does.
My hon. Friend the Member for Huntingdon spoke about the age limit for jurors being raised from 70 to 75. The reason is that we must recognise that people are now living longer and healthier lives. It is important that jurors reflect society at large. If society is growing older, we need to ensure that jurors, who decide cases, reflect that. I accept that we have a problem in attracting young people to become magistrates, and we must continue to try to address that issue, but that is not to say that we should not increase the age.
On court costs, several colleagues were concerned about the rate of recovery. Let me clarify the point. At present, the recovery rates for compensation, fines and the victim surcharge stands at 80%, and there is no reason to believe that court charges will not be recovered at similar rate.
Dr Huppert
We heard earlier that such charges would be the lowest priority of claim. The Justice Secretary was clear on that. Surely, if only 80% of the higher priority claims are collected and some people run out of money when they have paid the highest priority, a lower proportion of the low-priority claims will be collected.
Mr Vara
My hon. Friend needs to appreciate that the time lag will be longer. This will be the last element to be claimed. It will be claimed after the others. There will be a priority element, and this will be the last bit. There is no reason to conclude that, if the other four criteria have been met with an 80% collection rate, the fifth one will not.
The right hon. Member for Dwyfor Meirionnydd (Mr Llwyd)—I hope that I have pronounced the constituency name correctly, or close enough—had concerns about prison places. As the Justice Secretary said in his opening remarks, in the next 15 or so months, we expect that there will be some 2,000 more places, and Wrexham prison will have more than 2,000 places by 2017. He raised secure colleges. I emphasise that the aim is to reduce reoffending and have the expertise to provide for educational needs.
Kate Green
I am grateful to the Minister for giving way. How does he think that the public will react to the concept of 350 fairly seriously offending young men living on a single site in their neighbourhood?
Mr Vara
There are institutions of a custodial nature in which the numbers of people are far more than that at the moment. They will not all live in one unit. There will be separate units and different age groups and categories of people. I see no reason why, at a more cost-effective rate, we cannot seek to do what is not happening at present: reduce reoffending rates.
The right hon. Member for Dwyfor Meirionnydd also spoke of the possible use of force, and that issue was also raised by a number of hon. Members on both sides of the House. I will just point out that the Bill sets up secure colleges but it does not speak of using force. That issue needs to be addressed later, when it comes to dealing with the rules for secure colleges. I recognise that it is an important issue, which needs to be dealt with sensitively, and I am sure that when those rules are drawn up, that is how it will be dealt with.
My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) gave a very supportive speech and spoke with experience of having been a Minister both in my Department and in the Home Office. His arguments were well reasoned and he spoke about early release, electronic tagging and a number of other issues. He pointed out to the House that the magistracy that we have been discussing has been with us for some 650 years.
The hon. Member for Kingston upon Hull East (Karl Turner) also raised the issue of magistrates sitting on their own and I hope that I have covered that. He also touched on the issue of judicial reviews, as did the hon. Member for Stretford and Urmston (Kate Green), in a number of interventions, and other hon. Members. Let me be clear about this point too. My right hon. Friend the Lord Chancellor did not say that all claims were being made by left-wing campaign groups, but it is a fact that some claims have been or are made by such groups. The hon. Lady herself admitted, in one of her interventions, that before she entered the House, she ran a group and was regularly involved in judicial reviews. If people are going to throw ammunition at this side, it is important that they at least put things in context.
My hon. Friend the Member for Dartford (Gareth Johnson) spoke with experience and was right to put education at the heart of secure colleges. [Interruption.] The hon. Member for Stretford and Urmston continues to mutter away, but I suggest that she looks at Hansard tomorrow morning. My hon. Friend was right to highlight the issue of education and I am grateful for his general approval for all that the Government are doing.
The hon. Member for Hayes and Harlington (John McDonnell) also spoke of secure colleges. I emphasise to him that, as I said earlier, there will be separate units to cater for different categories of people in those colleges rather than everyone being in one structure.
As far as the magistrates courts are concerned, there was concern about openness and transparency—
Mr Vara
I will not give way, as I want to make progress. I believe that I have been generous in taking a number of interventions, but I have limited time.
The issue of openness and transparency was raised, and I want to make it clear that each magistrates court publishes within its court buildings daily lists of cases being heard at that court. All magistrates courts routinely make lists of case results available to the local media, and the criminal procedure rules also oblige courts to give certain additional information on cases in response to third-party requests. I also want to put on the record that we are looking at further ways of making court processes and outcomes more transparent, including exploring the possibility of publishing court outcomes electronically.
My hon. Friend the Member for Dewsbury (Simon Reevell) reflected his experience at the Bar in the issues that he raised, and I am grateful for his support for the measures that we are introducing.
My hon. Friend the Member for Shipley (Philip Davies) was characteristically robust and raised a number of issues. I am delighted, as I am sure the Chief Whip is, that he supports the proposals that we are seeking to introduce today, and I am sure that my right hon. Friend the Lord Chancellor is appreciative of the personal congratulations that he conveyed to him earlier on introducing these measures.
My hon. Friend mentioned the magistrates courts; I assure him that our intention is to ensure that the proposals are confined to low-level offences. He also asked an important question: why can the maximum age of jurors be raised from 70 to 75, when a similar age increase is not allowed for magistrates and judges? One of the reasons is that jurors will work on one trial, and then return to their daily, routine lives, whereas magistrates and judges have to play their role day in, day out, and of course that is completely different from jurors sitting on odd cases.
My hon. Friend will be aware that there are transitional arrangements in place. When the rule about the age of 70 came in for the judiciary, those judges who were still in place could opt to work until they were 75. He also spoke of judges being held to account. All I would say to that is that we have to be mindful that the judiciary is an independent section of our constitution.
I thank my hon. Friend the Member for Ealing Central and Acton (Angie Bray) for her supportive comments, and my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), who, again, spoke of his personal experience at the Bar. He was right to refer to the man on the Clapham omnibus and the use of common sense. Many of the proposals that we are introducing are absolutely that: common-sense proposals with which the majority of the public would agree.
My hon. Friend the Member for Cambridge (Dr Huppert) is right to highlight Labour’s record in government, because all that Labour Members, and certainly its Front Benchers, have been doing is complaining, rather than acknowledging their errors when in government. He also spoke about secure colleges. He is right to say that no one wants young children to reoffend. He is absolutely correct when he says that we have to give them education, and the skills and discipline to ensure that they can lead productive lives. Like others, he referred to the issue of force, but I hope that he accepts that I have given reassurance on that. He was concerned about the court charges that we propose, and I have dealt with that issue.
I thank the right hon. Member for Leicester East (Keith Vaz) and my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), both senior Members of the House and Chairmen of important Select Committees. Their contributions reflected their expertise and breadth of knowledge.
The Bill toughens up terrorism and terrorism-related offences and ends automatic early release for certain serious, violent and sexual offences. The new secure colleges will place education at the heart of youth custody, ensuring that young people acquire the skills, qualifications and self-discipline to lead productive lives on release, and break away from the cycle of reoffending.
It has to be right for criminals who use the courts to pay towards the cost of running them, thereby reducing the burden on hard-working taxpayers. We are also putting in place important measures to deal with the growing number of unmeritorious judicial review applications that are clogging up our court system and putting additional burdens on public services. The consequences of the internet world that we live in simply cannot be ignored. That is why we are ensuring that jurors base their decisions on the evidence put before them, and not on the results of a Google search. These and the other measures in this Bill are important, sensible and necessary. They represent a critical next step in strengthening confidence in our justice system, and providing safety and security for people and their communities. I welcome all the contributions made today, and I assure the House that many of the issues raised will be debated in further detail in Committee.
Finally, I note that we have a new clock, which shows seconds, and not just minutes as the one before did. Happily, I can assure the House that I do not have to rely on the seconds today; I am more than happy to finish a little early—by minutes, rather than seconds. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
CRIMINAL JUSTICE AND COURTS BILL (PROGRAMME)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Criminal Justice and Courts Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 1 April 2014.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Claire Perry.)
Question agreed to.
CRIMINAL JUSTICE AND COURTS BILL (MONEY)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Criminal Justice and Courts Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(1) any expenditure incurred by a Minister of the Crown under or by virtue of the Act, and
(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Claire Perry.)
Question agreed to.
CRIMINAL JUSTICE AND COURTS BILL (WAYS AND MEANS)
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Criminal Justice and Courts Bill, it is expedient to authorise:
(1) the imposition on persons convicted of offences of charges relating to the costs of providing criminal courts; and
(2) the payment of sums into the Consolidated Fund.—(Claire Perry.)
Question agreed to.
CRIMINAL JUSTICE AND COURTS BILL (CARRY-OVER)
Motion made, and Question put forthwith (Standing Order No. 80A(1)(a)),
That if, at the conclusion of this Session of Parliament, proceedings on the Criminal Justice and Courts Bill have not been completed, they shall be resumed in the next Session.—(Claire Perry.)
Presumption of Innocence and EU Law
Shailesh Vara Excerpts(10 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I beg to move,
That this House considers that the Draft Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (European Union Document No. 17621/13 and Addenda 1 to 3) does not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter One of the Thirty-second Report of the European Scrutiny Committee (HC 83-xxix); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.
Tonight’s debate is about this House having its say on proposals from the European Commission that touch on matters at the very heart of our country’s justice system. The House has the opportunity to endorse the House of Commons European Scrutiny Committee’s reasoned opinion that the European Commission’s proposal on the presumption of innocence breaches the principle of subsidiarity.
I want to be clear from the outset that this is a matter for the House and it is not the Government’s decision. The treaties give this House, and all national chambers, the right to issue reasoned opinions on the principle of subsidiarity, and that is what this debate is about: the question of subsidiarity. It is not about the question of the UK’s opt-in. I am happy to assure Members that the Government have offered time to debate the opt-in separately, ahead of the Government’s final decision. We look forward to hearing the Committee’s view on that in order to inform that decision.
The House will appreciate that questions of subsidiarity are finely balanced and we welcome the opportunity for this House to present its view directly to the European Union—a right this Government will defend and facilitate to the hilt. The idea of subsidiarity is that decision making should take place as closely as possible to the citizens whom those decisions affect. Under article 5 of protocol 2 to the treaties, the Commission needs to set out, among other things, a detailed statement on how its proposal complies with the principle of subsidiarity. The reasons for concluding that the objective of the proposal can be achieved at EU level must be substantiated by qualitative and, where possible, quantitative indicators. To underline the importance of this, the treaties provide that national Parliaments—and chambers within national Parliaments—can deliver reasoned opinions to the Presidents of the EU institutions where they consider that the Commission has breached the subsidiarity principle.
The proposal the Commission has put before us relates to the presumption of innocence, a fundamental principle of our country’s justice system, as it is of many other countries’ justice systems. No one in this House would seriously doubt our commitment to the principle. It stretches back as far as Roman times and is a central pillar of our common law system, as well as the common law systems in other countries. Moreover, it has been enshrined and developed in many civil law systems on the continent itself.
The principle is set out in the universal declaration of human rights and in the European convention on human rights. It is contained in the French declaration of the rights of man, and countless other constitutions around the globe. The problem, and the issue for debate tonight, is specifically whether EU action in this area can be justified or whether this is a matter for member states.
The Commission bases its argument for the proposal on the fact that member states are being effectively barred from co-operating in criminal matters because of differing standards in this area. Here I can only endorse the view set out in the European Scrutiny Committee’s report that the case simply has not been made. The Commission itself admits that evidence is scanty. It may be true that specific rules vary, and that specific practices and laws will not be identical across our different jurisdictions. Indeed, it is worth noting in passing that specific rules vary even across the United Kingdom, but that has, to my knowledge, never acted as a barrier to the co-operation of our justice systems.
We should remember that all member states are bound by the European convention. All member states should be meeting those basic standards already. As the Committee points out in the draft reasoned opinion, if there are cultural issues at play in a country’s justice system, a further piece of legislation from the EU will not resolve them.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
The point that I am about to make will not necessarily appeal to all the Minister’s colleagues. Would it not be rather unsatisfactory if we found ourselves in a situation in which the right to a fair trial was justiciable in the European Court of Justice, rather than being dealt with in the European Court of Human Rights and by the application of the European convention on human rights in UK domestic law, which are the ways in which we have long agreed that such matters should be resolved?
Mr Vara
As always, my right hon. Friend makes a relevant point. For the purposes of today’s debate, however, I shall confine myself to the presumption of innocence. I am mindful that we have only 90 minutes for our debate, and many hon. Members wish to speak, including the hon. Member for Hammersmith (Mr Slaughter), who I am sure will want to have a decent say in the matter, in his own way.
Mutual trust and recognition are of course important in ensuring that European justice systems can operate together when crimes span borders, but without solid evidence, that mutual trust is in practice being adversely affected by these national differences. The Commission’s case for action has not been made. There is also a much broader issue at stake. As I said, this matter lies at the very heart of our justice systems as sovereign countries.
The presumption of innocence is at the core of the rights and protections we afford in our laws and traditions, and in our constitutions, to those accused of committing a crime. That instinctively feels like a matter on which member states themselves should be making decisions. In so far as we can conclude that minimum standards are a legitimate aim—as it seems the Commission has done here—action needs to be taken at EU level, but under the terms of the treaties that permit the setting of minimum standards across the EU, we need to be wary of the Commission bringing forward totally unnecessary proposals under the umbrella of securing mutual trust and recognition. It will always claim to have passed the subsidiarity test, even when others have their doubts.
The process from here is that the reasoned opinion, if approved by the House, will be presented to the Presidents of the Commission, the Council and the European Parliament. If sufficient numbers of other Parliaments do likewise, the Commission will be presented with its yellow card and must rethink the proposal.
Mr William Cash (Stone) (Con)
Given the great significance that my hon. Friend has rightly given to the contents of our report and to the substance of this issue, is he concerned that, as far as we know, the only other Parliament in the whole of the European Union to have tabled a reasoned opinion at this time is the Scottish Parliament?
Mr Vara
As always, my hon. Friend shows his great knowledge of this area, right up to the minute. He will appreciate that I can speak only for this Parliament, but I hear what he says. I am aware that my officials have been speaking to other Parliaments, but I do not know the position as regards those other member states at this time. He is quite right to suggest that, as far as justice and home affairs issues are concerned, a quarter of all member states need to have tabled a reasoned opinion in order for a yellow card to apply. In other matters, it is a third of all member states. On that note, it is worth noting that the Government wholeheartedly support the role of national Parliaments in supporting this reasoned opinion.
The Commission’s track record in this respect is not a good one. When presented with its first yellow card on the Monti II proposal, relating to the posting of workers and the right to take collective action, the Commission withdrew the proposal. However, it claimed that that had nothing to do with subsidiarity and that there was not the political will to pass the measure. More worrying was the occasion on which this House, the other place and 10 other Parliaments of EU member states issued a yellow card in respect of the proposal for a European public prosecutor’s office. The Commission barely flinched before continuing with its plans.
Julian Smith (Skipton and Ripon) (Con)
Does the story that the Minister has just told make him feel that, given the new landscape of the EU, we need to adopt a red card system?
Mr Vara
We need to consider a lot of things in terms of our future relationship and, as my hon. Friend will be aware, the Prime Minister has promised a major undertaking on reforming the way forward. It will be for the public to decide, in due course, whether there is a Conservative Government, with a referendum to follow on from that.
Mr Cash
On the red card, does my hon. Friend accept that, in line with the fourth principle of the Bloomberg speech, which is that national Parliaments are the root of our democracy, there are circumstances in the national interest where a mere collection—an aggregation; a small number—of countries coming together on a red card would not be enough and that, in line with precedents, it would be advisable for the United Kingdom Government to accept the idea of the disapplication of laws altogether?
Mr Vara
My hon. Friend, as always, makes a relevant and pertinent point, but he will appreciate that I am not going to give a definitive answer either way at the Dispatch Box.
Notwithstanding the difficulties, we must try to make our position known to the Commission. The Government will support this House and the other place in presenting reasoned opinions on subsidiarity, as and when they choose to do so. On the basis of what the Government have considered so far, we do not believe that the case for action has been made. However, as I said, this is a matter for the House to decide on, and I very much look forward to hearing what colleagues have to say.
Mr Vara
I am grateful to the Members who have contributed to this debate. It is good to see that there is agreement, because often there is not on this subject.
I made it clear at the outset that this was a matter for the House and that the Government were facilitating its consideration. Members have said loudly and clearly that they support the reasoned opinion of the European Scrutiny Committee and its submission to the European Union institutions.
I will address some of the points that have been raised by Members. When the hon. Member for Hammersmith (Mr Slaughter) spoke, he had no support from the Opposition Benches. However, he has a reputation for more than making up for that through his use of words. He did that today, as he always does. I thank my hon. Friends the Members for Stone (Mr Cash), for Aldridge-Brownhills (Sir Richard Shepherd) and for Bury North (Mr Nuttall) for their contributions.
I want to respond to the point that was made about the explanatory memorandums that were submitted. Five instruments were received at the outset, which was a lot of information. We tried to supply the House with as much information as possible within the time constraints that were on us. We provided the explanatory memorandums and there was criticism of them. Letters were passed between the European Scrutiny Committee and the Department. We subsequently provided further information. The Justice Secretary has apologised for the delay and given an assurance that we will try to provide more full and more timely responses in future. I have no hesitation in reiterating that apology.
The red card system is difficult to use in practice because Parliament cannot simply rid the UK of its obligations. Under the European Communities Act 1972, as the law stands we cannot pick and choose which EU law to implement beyond the terms of our opt-in for justice and home affairs matters.
Mr Vara
Given the Prime Minister’s assurance that we will try to renegotiate a whole series of measures, I think the best way forward is to have that engagement with the European Union, get a series of proposals, and then go to the country for people to have the final say. The 1972 Act has existed for a long time, and there is not long to go from now.
Mr Cash
I am bound to point out that the 1972 Act was passed in pursuance of the 1971 White Paper. The 1972 Act itself has not changed materially, but the number of functions and the invasion of the United Kingdom legislature has continued inexorably since then. That 1971 White Paper specifically guaranteed—and therefore that guarantee would seem still to be valid—that we would never give up the veto because it was in our vital national interest. To do otherwise would endanger the fabric of the European Union, which appears to be doing a very good job of destroying itself.
Mr Vara
My hon. Friend makes a good point, but I repeat that there is not long to go. If there is a Conservative victory, we will renegotiate, and the issues that he raises, as well as a whole series of other issues, will be put to the country.
My hon. Friend the Member for Aldridge-Brownhills talked about the European Union trespassing into matters that have been so important to our judicial system over centuries, and I could not agree with him more. As always, he was passionate about what he said, and almost—no, not almost, I think everyone in this Chamber is in agreement about the presumption of innocence, which has existed since Roman times. The case for the directive simply has not been made by the Commission.
My hon. Friend the Member for Bury North also mentioned the tight deadline of 12 March. I am reliably informed that the date that is important is the date when the reasoned opinion is actually sent, so if it is approved today and sent immediately, it will be valid and we will have met the deadline. He also mentioned the opt-in. He said that he was not present at the start of my speech and it may be that he missed my comments, but the Government have promised a debate on that specific issue in due course.
Mr Nuttall
I am grateful for that confirmation but I wonder whether the Minister misspoke. He said 12 March. Did he mean 12 March or 12 February?
Mr Vara
I did indeed mean 12 February and my hon. Friend is right to pick me up on that.
This is an opportunity for the House to make it clear to the Commission that it should listen to the views of national Parliaments. I can only repeat the wish that the European Commission listen carefully to and treat with respect the concerns of this House and any other national Chambers that express a view on this important subject. That is required by the treaties, it is political good sense, and it would be an important demonstration that the Commission is indeed listening to the views of elected representatives and member states.
Question put and agreed to.
Resolved,
That this House considers that the Draft Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings (European Union Document No. 17621/13 and Addenda 1 to 3) does not comply with the principle of subsidiarity, for the reasons set out in the annex to Chapter One of the Thirty-second Report of the European Scrutiny Committee (HC 83-xxix); and, in accordance with Article 6 of Protocol (No. 2) annexed to the EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.
Oral Answers to Questions
Shailesh Vara Excerpts(10 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Charlie Elphicke (Dover) (Con)
12. What assessment he has made of options for reform of real property boundary disputes; and if he will make a statement.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
The Ministry of Justice is in the process of completing the initial scoping study on the issue of property boundary disputes announced by my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) in February last year in her reply to my hon. Friend’s written questions on this subject. The Department will publish its findings in due course, when Ministers have considered the options.
Charlie Elphicke
I thank the Minister for that answer. Property boundary disputes are stressful and cause a lot of heartache, and cost a lot of money unnecessarily. May I urge the Minister to move ahead on this and consider introducing reform proposals to this House?
Mr Robert Buckland (South Swindon) (Con)
13. What effect he expects the victims code to have on the experience of victims in the criminal justice system.
Mr Jim Cunningham (Coventry South) (Lab)
18. What progress his Department has made on bailiff reform.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
We have legislated to set out the process that bailiffs must follow when taking control of goods, and to introduce a simplified, transparent fee structure. Further legislation for a new certification process will ensure that only fit and proper individuals can work as bailiffs. These reforms will come into force in April.
Mr Cunningham
I welcome that simplification, but what is the Minister doing to protect vulnerable people from some of the excesses of bailiffs?
Mr Vara
May I first put on record what a doughty campaigner the hon. Gentleman has been on this issue? I very much hope that the proposals that we will be putting in place in April will meet with his approval. We are putting in place a governance system that will make it absolutely clear when bailiffs—or enforcement agents, as they will be called—can seize goods and when they cannot, as well as how they should deal with vulnerable people. We are also putting in place a fee structure that is clearly understood and, most importantly, ensuring that enforcement agents have mandatory training and receive a certificate. If anyone acts as an enforcement agent without that certification, they will be committing a criminal offence.
Mark Pawsey (Rugby) (Con)
T1. If he will make a statement on his departmental responsibilities.
Dr Julian Huppert (Cambridge) (LD)
T2. The Marriage (Same Sex Couples) Act 2013 is one of the great achievements of this Government but it left a few issues unresolved, one of which relates to humanist weddings, which are very popular in Scotland but currently not allowed here. The Act required the Secretary of State to conduct a review. What progress has been made on it, so that we can get on with allowing such weddings to happen?
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
My hon. Friend is right to say that the Government made a commitment to have a review, and we will do that. We will be starting it soon, and we will have a consultation. We intend to have the results of the review by the end of the year.
Mr William Bain (Glasgow North East) (Lab)
T3. The Secretary of State had previously been adamant that no further contracts would be awarded to Serco until it had received a clean bill of health from the Serious Fraud Office. Will he therefore explain why he awarded it a contract for the extension of Thameside prison on 20 December? When is a contract not a contract?
Bridget Phillipson (Houghton and Sunderland South) (Lab)
T7. Sunderland’s courts are in urgent need of rebuilding, as the Department has previously recognised, spending nearly £2 million in preparation. I am grateful for the meeting that took place with the Minister, but we have been in limbo on this since 2010. When will a decision be taken?
Mr Vara
As the hon. Lady acknowledges, we have had a meeting, and I can assure her that of the 500 buildings the court estate encompasses, the ones to which she refers are very much at the forefront. She will appreciate, however, that we have a large estate and we keep matters under review, and we will keep her and her colleagues informed as soon as we are able to do so.
Ian Swales (Redcar) (LD)
T5. More than half of the prisoners serving indeterminate prison sentences have passed their tariff date. Will the Secretary of State look at the parole and risk assessment process and review all cases where prisoners have complied with their sentence conditions but significantly exceeded their tariff?
Sheila Gilmore (Edinburgh East) (Lab)
Given the continuing high level of tribunals overturning Department for Work and Pensions decisions, particularly in employment support allowance cases, why did the Department offer up to the Deregulation Bill a provision that would take away the duty on the Senior President of Tribunals to report on the standard of decision making? Surely reporting on that might lead to better decisions being made in the first place.
Mr Vara
The hon. Lady will be aware that the Ministry of Justice, Her Majesty’s Courts and Tribunals Service and the Department for Work and Pensions have been working very closely to ensure that decisions by tribunals on social security and child support matters are passed on to the DWP. That is happening and, as a consequence, DWP decisions are being influenced and its decision-making guidelines have been changed.
Mr Robert Buckland (South Swindon) (Con)
T9. My right hon. Friend the Minister of State knows my interest and that of other colleagues in the reform of the criminal law of child neglect. Will he update the House on the progress he is making with regard to reviewing that particular provision of the Children and Young Persons Act 2008?
Deaths in Custody (Legal Aid)
Shailesh Vara Excerpts(10 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I congratulate the right hon. Member for Birmingham, Hodge Hill (Mr Byrne) on securing this debate, which is on a subject that we can all agree is extremely important. On behalf of the Government, I extend my condolences to the Butler family. It is bad enough that somebody should die—it is difficult for any family member to put up with that—but the circumstances in which Mr Butler died makes it even harder to accept.
I trust that the right hon. Gentleman will accept that I cannot comment in specific details about any case. I hope that the hon. Member for Slough (Fiona Mactaggart) will appreciate that, too. I can, however, speak in general terms. I will try to address as many of the issues that the right hon. Gentleman has raised as I can, and if there is anything left over, I will certainly write to him.
I understand that this case deals with legal aid legislation, but I hope that the right hon. Gentleman will appreciate that the Access to Justice Act 1999 was introduced by a Labour Government. It is under that legislation that decisions about exceptional funding cases concerning deaths in police custody, or during the course of police arrest, search, pursuit or shooting, are dealt with solely by the director of legal aid casework at the Legal Aid Agency, which is the successor body of the Legal Services Commission. Ministers have no role in those individual decisions. However, I fully appreciate the clear frustration of the right hon. Gentleman, which he has made abundantly clear to us, and the even greater frustration of Mr Butler’s family. It appears that a long time elapsed between the initial application and the final decision on funding. I believe that, along the way, there was also an inquiry conducted by the Independent Police Complaints Commission.
Fiona Mactaggart
My constituent’s family have been told that there will not be a decision about eligibility for legal aid until the opening of the inquest on 1 April. The Minister seems to imply that there could be a decision before that date. Will he explain why the coroner from Berkshire has said that no decision will be made on whether there will be a Middleton inquiry until the inquest is open?
Mr Vara
The hon. Lady seeks to tempt me into territory into which I cannot go. What I will say is that as far as her constituent’s case is concerned, the process is still ongoing. As I understand it, a decision on legal aid has not been made, and dialogue is still going on. I trust she will accept that.
Although I cannot comment on the decision concerning Mr Butler’s family, I understand from the Legal Aid Agency that there was an issue concerning financial eligibility and whether it was appropriate for the family to pay a contribution, which is something that the right hon. Gentleman mentioned. I hope I can assist the House by explaining how the means test is applied to inquest cases. Legal aid for the representation of bereaved families at inquests is means-tested, like nearly every other element of the civil legal aid scheme. It is important that we focus our limited resources on those who need them the most, and the means test is an important and long-standing part of the legal aid system which has been in place since well before this Government came to power.
There is discretion to waive the financial eligibility limits for inquests if, in all the circumstances, it would not be reasonable to expect the family to bear the full costs of legal assistance at the inquest. Whether that is reasonable will depend in particular on the history of the case, the circumstances, the issues raised against state institutions, the applicant’s assessed disposable income and capital, the other financial resources of the family and the estimated costs of providing representation. Contributions from the applicant can also be waived in whole or part.
That is the position under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, but it was also the position under the Access to Justice Act 1999, the legislation that applied to Mr Butler’s case.
Mr Byrne
The Minister is replying in a courteous and thoughtful manner. He has given us a number of helpful words about the broad principles of the means-testing regime, but I hope he will not elide over the point that when we passed the 2009 Act we decided to include section 51, which accepted that there were wider public interests at play in inquests that delved into deaths in state custody and explicitly provided for full legal aid costs to be provided to families in such cases. The Lord Chancellor has not implemented section 51. The arguments about it have already been rehearsed and the House has passed it. When will it be implemented?
Mr Vara
Well, the previous Government made provision for it but they did not implement it. I do not know when it will be implemented, but I am happy to reflect on that matter and write to the right hon. Gentleman. Let me put on the record that the criteria under the Access to Justice Act still apply, as that was the Act that was applicable when Mr Butler’s case first arose.
Tessa Munt
I shall be brief. When the Minister is reviewing the situation, will he consider whether it is appropriate for applicants to be pressured—there is no other word to describe it—to seek local and non-specialist advice from solicitors and therefore barristers who have no knowledge about taking on something such as a police force, with all its expertise?
Mr Vara
I hope that the hon. Lady will appreciate that I cannot comment on pressures in the individual cases to which she is alluding or on specific cases.
Guidance issued by the Lord Chancellor under the 1999 Act says on contributions:
“Where it is appropriate for a contribution to be payable this may be based upon the applicant’s disposable income and disposable capital in the usual way ignoring upper eligibility limits. Contributions should always be based on what can reasonably be afforded by the applicant and his or her family in all the circumstances of the case.”
It is worth underlining that we do not have a red-line rule on financial eligibility for inquests in the same way as we do for most other categories of law for which civil legal aid is available. There are a large number of variables, as I have mentioned, that the Legal Aid Agency considers when deciding whether to exercise its discretion to waive the limits.
It is also worth making it clear that, contrary to certain reports, there has been no substantive change to legal aid provision for inquests as a result of the recent reforms to the system. On that issue, both the right hon. Gentleman’s party and mine are in agreement. Let me assure the House that legal aid for inquests has been protected by this Government.
Legal help—in other words, the advice and assistance level of legal aid—remains within the general scope of the scheme, subject to merits and means-testing. That can cover all the preparatory work associated with the inquest, which might include preparing written submissions to the coroner. Notwithstanding the pressure on the public finances, the Government made a clear commitment to bereaved families by ensuring that legal help was retained in inquest cases.
Legal aid for representation can also be provided exceptionally where certain criteria are met. Those criteria have remained largely unchanged from those that operated under the 1999 Act. Let me be clear that under the new statutory scheme all individual decisions on legal aid, including exceptional funding decisions, are taken by the director of legal aid casework at the Legal Aid Agency.
However, the Lord Chancellor has published guidance setting out the general circumstances in which he considers that exceptional funding may be required under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The director of legal aid casework is not bound by that guidance, but he must have regard to it when reaching individual decisions, together with any representations made by applicants on the individual case or any new and relevant case law.
Under section 10 of LASPO, the director of legal aid casework can grant exceptional funding for representation at an inquest where it is required by article 2 of the European convention on human rights, to which the right hon. Gentleman referred. Article 2 confers a “right to life” and imposes on states a substantive obligation not to take life without justification and to establish a framework of laws, precautions and means of enforcement that will, to the greatest extent reasonably practicable, protect life. The other ground on which the director can grant funding for representation at an inquest is where representation for the family is likely to produce significant wider public benefits, meaning significant benefits for a class of person other than the members of the family involved.
On the coronial system, I know that concerns persist about the length of time some cases take to progress. The Coroners and Justice Act 2009 includes a number of provisions that will help to tackle delays in the coronial system, including a new power for the Chief Coroner to direct a coroner to conduct an investigation into a death. There is now greater flexibility on where post-mortem examinations and inquests can be held. They can now happen outside the coroner’s area.
The 2009 Act also requires coroners to notify the Chief Coroner of any investigation that has lasted more than 12 months. The Chief Coroner is then required to provide a summary of such cases in his annual report to the Lord Chancellor, which is laid before Parliament, together with reasons for the delays and any steps he is taking to prevent such delays from becoming unnecessarily lengthy.
While this debate has focused on legal aid, the coronial system and the police, there is, of course, a broader issue at stake. Let me be clear that the Government take deaths in custody extremely seriously. Deaths in custody are among the most scrutinised of all incidents. All deaths in custody are subject to a number of investigations, including, in the case of police custody, an independent investigation by the Independent Police Complaints Commission. Of course, an inquest is also held. Those investigations will usually involve the participation of the bereaved family.
I should like to acknowledge the ongoing work of the ministerial council on deaths in custody, which incorporates senior decision makers, experts and practitioners in the field. This allows for an extended, cross-sector approach to deaths in custody and is designed to ensure better learning and sharing of information. The council works to ensure that lessons learned in any area of state custody are disseminated across the police, prisons, approved premises, immigration, detention, and secure hospitals. The council commenced operation in 2009 and is jointly funded by the Ministry of Justice, the Department of Health and the Home Office. The House will want to know that funding has been extended until March 2015.
Let me again thank the right hon. Gentleman and all other hon. Members who have spoken. I hope that I have been able to offer some reassurance as to the position concerning legal aid, what the Government are doing to tackle delays in the coronial system, and the Government’s position on deaths in custody more generally. To the extent that there are matters outstanding, I am happy to write to the right hon. Gentleman and, indeed, to have a meeting with him as well, although, as I say, my ability to influence the Legal Aid Agency is somewhat limited.
Question put and agreed to.
Mesothelioma (Insurance Premiums)
Shailesh Vara Excerpts(10 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I echo the words uttered about our former colleague, Paul Goggins. If Paul was with us, there is no doubt that he would have been in the Chamber with us today, expressing his views as passionately as he always did. Paul spoke with conviction and passion on a number of issues, and he will be sorely missed by all of us. He was a true parliamentarian, and a very decent parliamentarian at that. We will all miss him.
I congratulate the hon. Member for Middlesbrough (Andy McDonald) on securing this important debate. I commend him on the passion with which he spoke. All Members from across the political divide have spoken on this important subject with conviction and passion.
A number of issues have been raised, and I hope to be able to address some of them in the time remaining. I refer colleagues to the last sentence of the written ministerial statement of 4 December 2013:
“The Government will publish their response to the consultation, and the report under section 48 of the LASPO Act, shortly.”—[Official Report, 4 December 2013; Vol. 571, c. 56WS.]
The report is not something that is not going to appear; it will appear. I hope that hon. Members appreciate that today’s debate is in response to a request by the hon. Member for Middlesbrough. That request was made before the report was published, but it will be forthcoming.
Other issues were raised. The hon. Member for Hammersmith (Mr Slaughter) referred to comments by the Lord Chancellor. He rightly referred to consultation, and we hope to consult further with stakeholders to try to ensure that we improve the claims process. I will return to that.
Kate Green
I note the final sentence of the written ministerial statement. Presumably the report, which must be in the Minister’s hands by now, offered sufficient information and analysis to enable the Government to make their decision, so will he explain what has held up its publication for almost two months?
Mr Vara
I hope the hon. Lady will agree that, given the sensitivity and importance of the matter, it is right and proper that we should make known to the public our broad thrust of thought, rather than people having to wait a further few months before the report comes out. The hon. Member for Sefton Central (Bill Esterson) secured a debate when there was much agitation about the timing of the review, what it would say and so on. I am sorry if trying to be helpful is now being held against the Government.
Let me say at the outset that the Government recognise that mesothelioma is a terrible disease and has a devastating impact on the families of its sufferers. We take very seriously the plight of sufferers and their right to be able to claim compensation for negligently caused personal injury. The subject is, understandably, emotive, and that has been demonstrated in our heartfelt and thorough debate today, as well as during the passage through both Houses of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Debates on LASPO included consideration of the Government’s reforms to no win, no fee conditional fee agreements, or CFAs, and led to the limited exception of mesothelioma cases, to which I will return shortly.
This debate has highlighted the importance of the issue, and the Government wholeheartedly agree that, given the short life expectancy after the disease has been diagnosed, it is imperative that there is early payment of compensation when necessary. That is why we announced on 4 December 2013 that we will explore whether more can be done to improve the compensation claims process.
I appreciate that today’s debate has been about the Government’s decision to remove the limited exception from no win, no fee reforms in relation to mesothelioma cases. I want to deal with three main issues. The first is why our reforms to CFAs are the right way forward, and the second is the limited exception to these rules in respect of mesothelioma claims and the circumstances in which that exception will end; thirdly, I want to clarify the position relating to the section 48 review and how it was carried out.
I will start by setting out briefly the rationale for our changes to CFAs. Many mesothelioma claims are funded under such agreements. Legal aid has not been available for some time. The previous Government’s Access to Justice Act 1999 removed legal aid for the majority of personal injury cases, including mesothelioma cases, when alternative forms of funding, such as CFAs, were available. As hon. Members will know, the Government have introduced reforms in England and Wales relating to the way that civil cases are funded, and the costs involved in bringing those cases. Those reforms are set out in part 2 of LASPO and took forward recommendations by Lord Justice Jackson, a distinguished Court of Appeal judge.
Hon. Members will be aware that Lord Justice Jackson had been asked to investigate the high costs of civil litigation, and to make recommendations for reform. He found that the arrangements for CFAs were
“the major contributor to disproportionate costs in civil litigation in England and Wales.”
He recommended that the recovery of success fees and after-the-event insurance from defendants be abolished, saying that that would lead to
“significant costs savings, whilst still enabling those who need access to justice to obtain it.”
The Government accepted the recommendations, and they were implemented in sections 44 and 46 of LASPO, with the reforms coming into effect in April 2013.
These important reforms will generally ensure that meritorious claims can still be pursued, but at a more proportionate cost. As part of our reforms, earlier settlement will be encouraged, and damages for non-pecuniary loss, such as pain, suffering and loss of amenity, will be increased by 10%. The Government agreed with Lord Justice Jackson that the level of such damages in England and Wales was generally low, and that a 10% increase could assist claimants in meeting the costs of the success fee and other funding changes. Lord Justice Jackson argued that in the majority of cases his proposals
“should leave successful claimants no worse off than they are under the current regime”.
Those words are relevant.
During LASPO’s passage through Parliament, the Government accepted that the reforms should not be brought into effect for mesothelioma claims until a review had been carried out of the likely effect of those reforms on such cases. That review provision is in section 48 of the Act. If Parliament had intended the LASPO provisions not to apply to such claims at all, it could have legislated to that effect. In the event, mesothelioma claims were exempted, and Parliament legislated to the effect that the provisions could be commenced for claims following the conduct of a review, as set out in section 48. Of course, we must recognise that a review could lead to a number of possible outcomes—to claims continuing to be exempted from the reforms, or alternatively to the exemption not continuing.
The Government carried out the section 48 review as part of the consultation on reforming mesothelioma cases, which concluded on 2 October 2013. That was a 10-week public consultation, and all interested parties had the opportunity to participate. Some 105 responses were received from interested parties and expert stakeholders on both sides of the debate; that is the specific advantage of a public consultation. The respondents included Thompsons, the personal injury solicitors firm to which the hon. Member for Middlesbrough referred when declaring an interest at the outset of the debate.
Some respondents to the consultation questioned the timing of the review and how it was carried out. However, the Government are satisfied that it meets our obligations under section 48. The Act makes it clear that in conducting the review under section 48, the Government are required to consider the likely effect of sections 44 and 46 on proceedings on a claim for damages in respect of diffuse mesothelioma. That is what we have done.
Comments have been made about the Mesothelioma Bill and the timing of the review. As Members will know, the Government introduced the Bill in May 2013. It creates a compulsory payment scheme for victims who are unable to trace a liable employer, or liable employer liability insurer, from which to claim the damages that are rightly due. The Bill has completed all stages in both Houses and is awaiting Royal Assent. It is an important milestone in ensuring that those who were previously unable to claim can do so when the scheme is up and running.
Andy McDonald
The Minister is concentrating on the Mesothelioma Bill, but we are talking about LASPO. Does he accept that there is no connection between the two?
Mr Vara
I am coming immediately to the point that I anticipated the hon. Gentleman would refer to. In conducting the review, the Government focused their consideration on matters relevant to claims for mesothelioma that are subject to litigation—in other words, where a solvent defendant is identified. The provisions of the Mesothelioma Bill, however, apply to sufferers who cannot trace a defendant to sue for compensation. If claimants are able to identify a defendant, the Mesothelioma Bill is not directly relevant to their claim, and the Government have carefully borne this in mind.
The Government have not therefore taken the Bill into account in relation to litigated cases in respect of the review. However, the Bill is relevant to the timing of the application of sections 44 and 46 of LASPO, since we have always intended to synchronise the implementation of any decision on this matter with other reforms directed at improving the position of mesothelioma sufferers. This was made clear when Parliament agreed the relevant provisions in LASPO. Much was made of that in earlier speeches, so I refer hon. Members to a debate on LASPO on 24 April 2012. The late Paul Goggins asked the then Justice Minister, my hon. Friend the Member for Huntingdon (Mr Djanogly):
“Crucially, how will the commencement of the relevant provisions of the Bill be aligned with the proposals that the Department for Work and Pensions hopes to publish before the summer recess? I would be happy to take an intervention from the Minister if he wishes to make a clear commitment this afternoon that he will not seek to implement the relevant provisions in the Bill unless and until an improved system of compensation is in place.”
My hon. Friend the Justice Minister replied:
“I do not want to give any binding commitments about the process today, because things have not been finalised. However, I can tell the right hon. Gentleman that if the process is to be improved by the Department for Work and Pensions, which we hope it will be—he will have some insight into our proposals from the discussions he has had—that could well require DWP legislation, in which case”—
the relevant words—
“we would look to roll the ending of the provisions into the commencement of the DWP provisions. That is how I foresee the process now, but again, I am not making that a commitment.”—[Official Report, 24 April 2012; Vol. 543, c. 838-39.]
The following day, the noble Lord Alton questioned the Justice Minister in the upper House, the noble Lord McNally. Lord Alton asked:
“First, is the Minister able to assure us that there will be absolute synchronisation between the Ministry of Justice and the Department for Work and Pensions to ensure that the mesothelioma provisions in the Bill will not be implemented in advance of the new regime coming into force?”
Later in the debate, Lord McNally responded:
“I can absolutely guarantee that we will work in a synchronised way with the DWP.”—[Official Report, House of Lords, 25 April 2012; Vol. 736, c. 1818 and 1824.]
The hon. Member for Stretford and Urmston (Kate Green) was present at the House of Commons debate. She made a contribution at Hansard column 834—
Kate Green
I accept everything that the Minister has said. Are we to conclude therefore that the connection is simply about synchronisation of timing, and not in any way about synchronisation of approach to treatment of victims, or am I misunderstanding what he is saying?
Mr Vara
I hope that I am clear when I say that it is important that we synchronise the timing, so that everyone affected by this terrible illness knows what the position is, whether or not they have a traceable employer or liable insurer. It is the timing that is at issue. That is what was referred to in the debates in both the upper and lower Houses.
Andy McDonald
I am grateful to the Minister for giving way. Will he explain something? We have a group of people way over in the distance with one group of problems—in Weymouth, for example—and another group of people in Wolverhampton with another set of problems. If he addresses one situation, how would that benefit the people in the other place? They are not connected; it is just that he is trying to do things at the same time. Does he not agree with that analysis?
Mr Vara
It was agreed by Parliament in the debate that there would be a synchronisation of what the Department for Work and Pensions did and what we did. That is what has happened. I trust that Members will now allow me to proceed, because a number of issues were raised, and I want to put the Government response on the record.
The Government have carefully considered the likely effect of implementing the LASPO reforms on mesothelioma claims, including the evidence put before us by respondents to the consultation. The issues raised, however, were generally similar to those in other very serious personal injury cases to which the reforms already apply. There was little explanation of any particular feature of the mesothelioma claims process that would lead to a different or disproportionate effect on claimants’ access to justice, should the reforms apply. Ultimately, in our view, there needs to be a specific justification for the continued difference in treatment between mesothelioma cases and other personal injury cases—most particularly, other serious personal injury cases that have their own tragic features involving, as some do, catastrophic injury and the need for substantial care arrangements for the remainder of a claimant’s life, sometimes when the claimant is very young.
Let me emphasis that we entirely understand that mesothelioma victims face an appalling and fatal disease with which they and their families have to come to terms, while also having to engage with the claims process. Without in any way seeking to minimise the distress that this entails, however, there are many other serious personal injury and fatal claims, to which the LASPO reforms already apply, that produce difficult challenges for victims and families.
On 4 December, we announced that we intended to apply sections 44 and 46 of LASPO to diffuse mesothelioma cases from July this year, when the Mesothelioma Bill is expected to be implemented. When the reforms take effect, claimants will be entitled to a 10% increase in general damages. The average general damages for such cases, as set out in the Judicial College guidelines, is £70,000, so that would be an average additional £7,000 in damages.
Claimants will be liable for any success fee claimed by their lawyer, as in any other personal injury case, but there is no requirement for a success fee to be charged. The amount of any success fee is a matter for negotiation between claimants and their lawyer. Claimants will also benefit from costs protection in the form of qualified one-way cost shifting, to protect them from having to pay the other side’s costs if the claim fails. Additionally, the costs of any after-the-event insurance that claimants feel they need in order to deal with defendants’ part 36 offers—a process of negotiation between parties on a reasonable offer for resettlement—are expected to reduce. If a part 36 offer is unreasonable, a claimant is not at risk for rejecting it. Claimant lawyers tend to know what is and is not a reasonable offer. Claimants are of course liable for disbursements in relation to their case, but the general rule in all civil litigation is that reasonable costs will be paid by a losing defendant.
We announced in December that we anticipate publishing the Government’s response some time in the next few weeks. Colleagues will appreciate that we could have waited until we announced the outcome of the consultation, but we were keen to let stakeholders know the outcome as soon as possible, especially on those issues that we are not currently taking forward.
I want to emphasise that the Government firmly support the right of those who suffer from this terrible disease to be able to claim compensation. Over the past 10 years, significant progress has been made in streamlining the process, including in relation to those matters headed by Senior Master Whitaker. We wish to explore further ways of streamlining the process, and we seek the co-operation of the appropriate stakeholders.
The LASPO reforms are about tackling the high cost of civil litigation, rather than questioning the validity of claims. The Government believe that the reforms should apply to all personal injury cases, including those of the utmost severity. We have conducted the review as required, and as soon as we are able to do so, we will publish our report. In the meantime, my thanks again to the hon. Member for Middlesbrough for securing this debate. It is fair to say that we are united on at least one matter: the great importance of this issue.
Advertising: The Guardian
Shailesh Vara Excerpts(10 years, 3 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Julian Smith
To ask the Secretary of State for Justice how much his Department spent on advertising with (a) The Guardian newspaper, (b) The Guardian website and (c) The Guardian Media Group in (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13.
[Official Report, 29 October 2013, Vol. 569, c. 417W.]
Letter of correction from Shailesh Vara:
An error has been identified in the written answer given to the hon. Member for Skipton and Ripon (Julian Smith) on 29 October 2013.
The full answer given was as follows:
Mr Vara
The information requested is set out in the following table:
2009-10 | 2010-11 | 2011-12 | 2012-13 | |
|---|---|---|---|---|
The Guardian newspaper | 29,672 | 2,043 | n/a | 9,042 |
The Guardian website and the Guardian Media Group | 20,242 | 353 | 3,231.90 | 9,886 |
The Ministry's expenditure on advertising and promotion relates to recruitment, with the majority of recruitment activity being within the National Offender Management Service to ensure sufficient prison officers are in post to operate effectively the prison system.
The Guardian outlets are only one of many that are used for this purpose. For example, the Ministry also uses The Sunday Times.
The correct answer should have been:
Mr Vara
The information requested is set out in the following table:
2009-10 | 2010-11 | 2011-12 | 2012-13 | |
|---|---|---|---|---|
The Guardian newspaper | 29,672 | 2,043 | 6,552 | 9,042 |
The Guardian website and the Guardian Media Group | 20,242 | 353 | 6,682 | 42,973 |
The Ministry's expenditure on advertising and promotion relates to recruitment, with the majority of recruitment activity being within the National Offender Management Service to ensure sufficient prison officers are in post to operate effectively the prison system.
The Guardian outlets are only one of many that are used for this purpose. For example, the Ministry also uses The Sunday Times.