(11 years ago)
Written StatementsThe Under-Secretary of State for Defence, with responsibility for defence personnel, welfare and veterans, my hon. Friend the Member for Broxtowe (Anna Soubry), and I wish to make our latest quarterly statement to the House reporting progress with inquests into the deaths of service personnel on active service overseas. We begin by expressing once again our profound thanks and admiration to our service personnel who have served us all in the Iraq and Afghanistan operations. On behalf of the Government and the nation, we wish to pay tribute to those service personnel who have given their lives for our peace and security. Our thoughts are with all their families and loved ones.
This statement gives information about coroner investigations and inquests conducted by the senior coroner for Oxfordshire, the senior coroner for Wiltshire and Swindon and other coroners in England and Wales. The statement shows the position at 22 October 2013.
To supplement this statement, we have provided additional information about the status of all current cases in tables which we have placed in the Libraries of the Houses. The tables include information about cases where a board of inquiry or a service inquiry has been or is to be held.
As part of his powers and duties which came into force on 25 July 2013, the Chief Coroner for England and Wales has created a specialist group of 11 coroners to conduct coroner investigations and inquests into some service personnel deaths relating to active service, including preparation and training for active service. All the coroners in the group will receive further specialist training, beginning in November. The Chief Coroner and the specialist coroners will continue to work with the Ministry of Defence’s defence inquests unit, which assists coroners to complete service personnel inquests thoroughly and as quickly as possible.
The Chief Coroner has also met the Lord Advocate and they have agreed a protocol for the provisions of section 12 of the Coroners and Justice Act 2009. As we have previously reported, this section came into force last year and enables deaths of service personnel killed abroad on active duty to be investigated in Scotland where appropriate.
We offer our thanks and support to the Chief Coroner and to coroners and their staff in this work of such importance to us all. We are also grateful to all the other people who support and inform bereaved families through the inquest process.
Our two Departments have made extra funding available to the coroners in Wiltshire and Swindon and in Oxfordshire since October 2007. Most repatriations of service personnel who have died overseas have been to RAF Lyneham in Wiltshire and, currently, RAF Brize Norton in Oxfordshire. The additional resources enable those coroners to progress the service personnel inquests while still handling the caseload of the coroner area.
Current status of inquests
Since our last statement a further 20 inquests have been concluded into the deaths of service personnel on operations in Iraq or Afghanistan. In total, there have been 593 inquests into the deaths of service personnel who have died in Iraq and Afghanistan or have sadly died after returning to the UK of injuries sustained on active service. Three deaths have led to no formal inquest. Two of these deaths were taken into consideration at inquests into the deaths of other service personnel who died in the respective incidents. The third case is of a serviceman who died from his injuries in Scotland, where it was decided not to hold a fatal accident inquiry.
Open inquests
Deaths in Afghanistan
As at 22 October 2013, 25 coroner investigations are open into the deaths of service personnel in Afghanistan, and one further coroner investigation into the recent death of Lance Corporal James Brynin is due to be opened.
The senior coroner for Wiltshire and Swindon has retained nine of the open coroner investigations, while the senior coroner for Oxfordshire has retained seven. Senior coroners nearer to the next of kin have accepted jurisdiction in the remaining nine coroner investigations. Two hearing dates have been set.
Deaths of service personnel who returned home injured
There are three open coroner investigations into deaths of service personnel who returned home injured but have sadly died of their injuries. One hearing date has been set. The other two cases will be listed for inquest hearing when investigations into the deaths have been completed.
We will continue to inform the House of progress.
(11 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure that for my first speech in the Palace of Westminster as a newly appointed Justice Minister, I am serving under your chairmanship, Mr Streeter. I congratulate the hon. Member for Liverpool, Riverside (Mrs Ellman) on securing this very important debate on the North Liverpool community justice centre. In her speech, she made a number of comments, and I hope that by the time I have finished my speech, I will have allayed some of the concerns that she and the hon. Member for Liverpool, Walton (Steve Rotheram) have expressed.
The decision to close the centre was an important one, based on the hard truth that the local drop in work load and the high cost of running what is a single courtroom centre have made it untenable. Following the public consultation on the centre’s future, I announced in a written ministerial statement last week the decision to close the centre. Currently, it is planned that the last sitting day will be Friday 28 March 2014. To keep the centre running would cost almost £1 million a year, and there is no evidence that that would be money well spent in terms of the results that it achieves compared with other courts.
My right hon. Friend the Secretary of State did not take the decision to close the centre lightly. He did so after a detailed analysis of the centre’s work and of all the points raised in the consultation responses. The consultation did not identify any single operational or efficiency reason why the centre should not close.
I stress that we are committed to continuing to provide court users in north Liverpool with effective access to justice, while seeking ways to do so at a lower cost and alongside our efforts to improve the efficiency of the justice system as a whole. In transferring the majority of the centre’s work load to Sefton magistrates court, we have been clear that the principles of the centre will be maintained and at a court that has modern facilities and a reputation for innovation.
The North Liverpool community justice centre was established in 2005 as a court and community resource, with criminal justice agencies co-located with other third sector services in a dedicated building. The centre serves an area with a population of about 60,000 people in the north end of the city of Liverpool. The original intention was to provide an intensive approach to the crimes affecting the community at a very local level for both adult and youth cases. When it was launched in 2005, the centre’s objectives included the provision of community justice in a deprived area of Merseyside and, through that, a material reduction in reoffending levels through the adoption of innovative approaches to the handling of offenders and very close cross-agency working with both public and third sector organisations.
There is no doubt that the centre rapidly built a good reputation, both locally and internationally, for developing a new approach to court-based problem solving for offenders. However, following an evaluation published in 2012, it is equally clear that the success of the centre in terms of results was at best mixed. There was no empirical evidence to show that the centre was any more successful at reducing reoffending levels than a mainstream magistrates court.
As a result, and given the financial climate, the then ministerial team questioned the value for taxpayers’ money that the centre provided and concluded that it should continue as a court for up to two years, but with a view to increasing its work load and remit. That was vital when the centre’s own catchment area work load was falling significantly, in line with that of other magistrates courts. The increase in work load has been achieved only to a limited extent, with the transfer of mental health cases from a wider catchment area to the centre. As a result, the number of cases heard at the centre has increased during the past six months. For the 12-month period to March of this year, the centre’s courtroom utilisation rate stood at 55%. Between April and July of this year, that increased to an average of 71% through the hearing of mental health cases. However, despite that increase, the actual work load in volume terms remains relatively low.
According to “Doing justice locally: the North Liverpool Community Justice Centre”, a report published by the Centre for Crime and Justice Studies, on page 97:
“As a result of these innovations”—
of the centre—
“our assessment is that criminal justice is speedier, fairer, more efficient, more community oriented, more holistic than the traditional court model”.
Does the Minister agree?
As I shall come on to say, Sefton magistrates court offers a number of the services that are provided at the centre. The hon. Member for Liverpool, Riverside referred to various co-located agencies, and I assure her that Sefton magistrates court has probation services, a citizens advice bureau and victim and witness support services, among others. The services that are being provided are to be relocated 1.8 miles away to another centre, which will provide the same level of service. I will refer later to the extent that any difference is required.
As I was saying, despite the increase in utilisation, the work load in volume terms remains relatively low and would continue to be so as a single courtroom site. For example, since April the centre has dealt with an average of 168 cases a month, which compares unfavourably with Sefton magistrates court, where the majority of cases will go. Over the same period, Sefton dealt with 467 cases a month. Due to the limited cell capacity at the centre, it is not feasible to transfer in any more custody work to increase utilisation.
A key driver in the decision to close the centre was the fact that there are real limitations to the volume of cases it can deal with as a single courtroom site, and it is three times more expensive than other courts. Furthermore, it is not more successful at reducing reoffending than cheaper courts, so it simply cannot be seen to represent good value for money.
The Minister claims that the centre is not more successful, but that is not the information that has been provided to us—I will get the report and dig the relevant section out. The Deputy Prime Minister, who talked about prisons being “colleges of crime”, and the Prime Minister, who talked about a “rehabilitation revolution”, should have been looking at the centre as a model to take to other areas. What will it cost the Exchequer to send the prolific reoffenders that the centre deals with properly back to prison, because they will no longer be benefiting from the innovative approaches of the North Liverpool justice centre?
The hon. Gentleman wants hypothetical answers for the future, but I am not delving into the realms of the future. I will, however, look at the facts as they are—as we have them—and if he disagrees with them, I am happy to give him the sources of my information. I repeat that the services provided at the centre will not be affected in any way—they will only be at a different location, some two miles away, nothing more.
I would like to make a little progress, but I am happy to give way to the hon. Lady a little later.
The outcome of the consultation is to proceed with plans for closure of the centre, but the consultation response identified two areas in which the original proposals should be revised: youth and educational welfare cases. We have listened to those views and revised the proposal accordingly. Youth and education welfare cases will now be dealt with by the Liverpool youth court and the Liverpool and Knowsley magistrates court, respectively. Again, they are around two miles away—no more.
The points about work load and courtroom utilisation, plus the high running costs of the centre, were set out in the initial consultation document and in the consultation response document published last week. Moreover, the criminal justice agencies have reduced the number of people based at the centre, in line with the decrease in work and to meet their changing operational needs. For example, the Crown Prosecution Service has reduced its presence significantly and is now supporting the centre’s cases in the same way as it would in a mainstream court, as opposed to providing dedicated prosecutors and service levels, as it did previously.
As announced last week, the proposal to transfer the work from the centre to the nearby Sefton magistrates court will now proceed. Sefton has excellent modern facilities and good transport links. It has earned its own reputation for innovation, including a dedicated problem-solving court, and because of its efficient processes it was the first model court—subsequently, beacon office—in what was then known as Her Majesty’s Courts Service. Indeed, Sefton magistrates court’s problem-solving approach is built on the principles of the North Liverpool community justice centre, but is achieved at much lower cost. The principles and ethos of the centre will not be lost; they will be carried on at Sefton.
We have much for which to thank the centre. It pioneered a scheme to improve case management—to the centre’s credit, that scheme is now in place in all magistrates courts in England and Wales, reducing waiting times considerably, with the majority of cases completed within four weeks. The spirit of the North Liverpool community justice centre will move to Sefton, while allowing us to deliver cost savings of £630,000 per year.
The Minister is being generous with his first speech here; I wish it were on a happier subject. Four weeks is an impressive turnaround time. What assurances will he give that it will be maintained when those cases are transferred to a much larger court?
There is plenty of capacity at Sefton. It has five courts at the moment, and on any given day, two or three are being used. To the extent that more staff and the like are needed, provision for that has been taken on board. I am confident that the rate of processing cases will continue.
The Government published our consultation response on 22 October 2013. There were 18 responses. Five supported the proposal fully, three were neutral and 10 were opposed in some way to the closure of the centre, the choice of Sefton as the court to receive the centre’s work, or both.
The main issues recognised in support of closure were the financial benefit and the fact that the centre had moved away from its original community-focused role. Those opposed to closure focused on what they perceived as an adverse impact on the provision of justice within the north Liverpool community and raised concerns about youth and mental health cases at Sefton magistrates court. As I have said, we listened to those concerns and have acted accordingly.
Closure of the North Liverpool community justice centre will result in savings of £630,000 a year, whereas maintaining its operation would mean a continuation of costs of £930,000 a year, based on this year’s budget. The proposed savings outweigh any perceived benefits from continuing to operate the centre. That is particularly so given that I have been assured that the ethos and principles developed at the centre will live on at Sefton magistrates court, which itself has a reputation for innovative work, but will provide far greater value for money.
Can the Minister give me an absolute assurance that the level of community support, particularly witness and victim support and the critical advice offered by the citizens advice bureau, and the centre’s holistic inter-agency approach will be continued in precisely the same way in those specific areas of north Liverpool?
The hon. Lady asks a good question, but she must be mindful of the fact that even at the north Liverpool centre, some of the other agencies were decreasing the support that they were giving. That is not to say that that may continue at Sefton, but I assure her that as we speak, other co-located agencies are present there, which I hope will continue to deliver services. However, it would be wrong for me to give a promise based on the declining number of people at the original centre.
As set out fully in the consultation response document published last week, it seems clear to me that the case for change is made and the decision taken is the right one. In conclusion—
No, I have concluded. I am aware that the hon. Member for Liverpool, Riverside has visited Sefton magistrates court, but I understand it was not recently. I suggest that she and her colleagues visit as soon as possible. I like to think that the concerns that they have expressed today will be eased when they see what is actually on offer.
Question put and agreed to.
(11 years, 1 month ago)
Written StatementsI am today announcing the Government’s response to the consultation on proposals for the future of the North Liverpool Community Justice Centre (NLCJC).
Having reviewed analysis of responses to the consultation, the Lord Chancellor has decided that the proposed closure of the NLCJC should proceed and that the majority of its work be transferred to Sefton magistrates court. In consideration of the responses received, the original proposals have been revised. Youth and education welfare cases will be dealt with by Liverpool youth court and Liverpool and Knowsley magistrates court respectively.
The consultation response document is published on the Ministry of Justice website at: www.justice.gov.uk.
The written ministerial statement made by the hon. Member for Maidstone and the Weald (Mrs Grant) on 17 July 2013, Official Report, column 113WS announced that future local consultations on court and tribunal closures would typically run for six weeks. Given the focus of these, the procedure for announcement of any court closure consultation will be made by HM Courts and Tribunals Service writing to MPs whose constituencies are within the catchment area of the court. I will place a copy of the published documents—both the consultation document, and the Government response to the consultation—in the Library of the House of Commons. When I do so, I will write to the Chair of the Justice Committee to notify him of the fact. As is currently the case, HM Courts and Tribunals Service will also notify local stakeholders and criminal justice system partners when publishing the consultation.
This process will apply for the consultation on the future of Neath magistrates court, which is currently open and due to close on 7 November.
(11 years, 1 month ago)
Written StatementsMy right hon. and noble Friend the Minister of State, Ministry of Justice, Lord McNally, made the following written ministerial statement:
The Government are today publishing a consultation paper seeking views on the next phase of our proposals to transform the services provided by the Office of the Public Guardian (OPG). This reinforces our commitment to implementing the “digital by default” approach in public services.
The OPG is currently undertaking a programme of reform that is designed to meet two key challenges. First, to reform its systems and processes in order to deal effectively and consistently with ever increasing demand to register lasting powers of attorney—a trend that is set to continue with the country’s ageing demographic. Secondly, to transform the way its services are delivered to the public in order to reduce bureaucracy, making its services to customers simpler, more efficient and more accessible. This will be achieved by making the majority of its services accessible online.
Our consultation paper, therefore, seeks views on the following issues:
The forms and application process for lasting powers of attorney;
Supervision of deputies;
Access to the registers;
Proposals for a fully digital lasting power of attorney.
The consultation will run until 26 November. Following this, it is our intention to make the necessary changes to enable some of the provisions to come into force during 2014, although the proposals for a fully digital lasting power of attorney post 2014 will require primary legislation.
Today, I have deposited copies of the consultation paper in the Libraries of both Houses. Copies are also available in the Vote Office and Printed Paper Office. Copies are available on the internet at: www.justice.gov.uk.
(11 years, 1 month ago)
Commons Chamber17. What steps he is taking to protect families and vulnerable people from aggressive bailiffs.
May I begin by thanking the Justice Secretary, the shadow Justice Secretary and the hon. Member for Cardiff West (Kevin Brennan) for their kind words of welcome? I thank them for the warmth that I have received from both sides of the House.
From next April, new protections in law will include restrictions on the circumstances in which bailiffs can enter someone’s home, when they can do so and the items they can take. Moreover, training for bailiffs will include what to do if a debtor is vulnerable.
I thank the Minister for that answer and welcome him to his new post. My constituent Ian Davies came to see me because his son was hassled by debt collectors for over six months—they were not updated when the amount of legal aid he needed to pay changed. What steps are being taken to ensure better communication between the Legal Services Commission and the enforcement agencies?
I thank the Minister for his answer, but how much harder will all these changes make it for rogue bailiffs to operate?
A huge number of reforms are being put in place. With regard to rogue bailiffs, we have put in place a number of remedies. For example, if there is a debt to a local authority, there is recourse to the local authority’s ombudsman. Bailiffs’ certificates can be taken away and it is a criminal offence for a bailiff to operate without a certificate. Moreover, the goods that have been confiscated can be returned. So a number of measures are in place to ensure rogue bailiffs do not operate.
20. Whether he has any further plans to reduce the number of courts in England and Wales.
Questions are something like buses; none for a while, then two at once.
Very much so, Mr Speaker. I am happy to say that performance is the best it has ever been, against a background of increasing work load. The Office of the Public Guardian is also currently undertaking a review of its supervision function in order to ensure it can continue to safeguard vulnerable adults and deal with work load.
I am obviously concerned about the number of magistrates courts that have been closed since this Government came to power. Rochdale magistrates court has remained empty since the Government decided to close it over two years ago. How much is it costing to keep courts empty, and why do the Government not simply donate Rochdale court to the people of Rochdale for community use?
T1. If he will make a statement on his departmental responsibilities.
(12 years, 6 months ago)
Commons ChamberGood progress has been made in clearing the backlog of inadmissible cases, but more work is needed to address the growing backlog of admissible cases, hence the recent Brighton declaration under the UK’s chairmanship of the Council of Europe, which represents a substantial and important step towards realising the Government’s ambitions.
Does my hon. Friend agree that the European Court should be a court of last resort and end the practice of revisiting domestic courts’ decisions when it does not need to do so?
In welcoming these reforms, my constituents fear that they might not be acted upon. What can my hon. Friend do to ensure that the Strasbourg Court recognises the will of this national Parliament?
My hon. Friend makes a very good point. Under the Brighton declaration, we have agreed a framework for longer term reform, with built-in review points up until 2019, to give impetus to the measures proposed under the Brighton declaration and to consider whether further measures are needed. We will, of course, continue to monitor progress.
One of the problems with the European Court is its huge backlog of cases. What does my hon. Friend think the Government can do to reform the Court so that frivolous cases are not brought and the only cases brought are those of the nature of serious human rights breaches?
This is a major issue. The measures agreed under the Brighton declaration will make a big difference once implemented. More cases should be resolved at the national level, which should mean that fewer cases are considered by the Court. Where cases go to Strasbourg, the Court should be able to focus more on the important cases and do so more quickly.
I congratulate the hon. Gentleman on his elevation to the Dispatch Box. I hope very much that his temporary promotion will be made permanent in the imminent reshuffle. The hon. Member for Nuneaton (Mr Jones) mentioned the backlog, which is now 152,000 cases. Does the hon. Gentleman not think it important to have a fast-track system through the European Court for national security cases?
I am grateful to the right hon. Gentleman for his kind comments. With the Brighton declaration, we have ensured that fewer cases go to Strasbourg and that those cases that can be handled at the national level are held and dealt with at the national level. That means that fewer cases will go to Strasbourg and that the important ones—we hope that only the important ones will go there—will be dealt with a lot quicker.
If the hon. Gentleman eventually finds time to bring forward a British Bill of Rights, what elements of the Human Rights Act does he think will be in it?
We certainly are considering a British Bill of Rights. We would take into account the various issues concerning Britain and ensure that freedoms and liberties were enhanced, so we would hope that a Bill of Rights would build on the terms of the convention. On the specific measures, we are signed up to the convention, so the whole of it would apply.
Will the hon. Gentleman confirm, after giving that last reply, that there are no long-term plans to leave the European Court of Human Rights or to amend or leave the convention?
I can happily tell the hon. Gentleman that we have no plans to leave the convention. We are signed up to it, along with the other 46 nations, but where we see the need for change, we will ensure that those changes take place, in the same way that changes took place in Brighton last month.
5. What recent representations he has received on the operation of the Rehabilitation of Offenders Act 1974.
We receive regular correspondence on the operation of the Rehabilitation of Offenders Act 1974. Following consultation and consideration of the representations received, the Government have introduced a package of reforms to the Act, through the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which recently received Royal Assent.
Although I welcome the changes made in the 2012 Act, will the hon. Gentleman consider some loopholes that might be closed? A few months ago I brought up the case in the Chamber of a constituent, an ex-miner who had been fined 28 years ago for stealing a bag of coal in the middle of the miners’ strike. He subsequently tried for a job in a care home as a groundsman. He was offered the job, but it was then withdrawn. That seems ridiculous, because the job had nothing directly to do with the people in the care home, and he had not been accused of—
I am aware of the right hon. Lady’s interest in this matter. The vast majority of occupations for which people may make applications do not require a CRB search. Only a small number require a search, and even in those cases there are three categories of CRB searches. Searches are required for the occupations that are listed in the exceptions order to the 1974 Act, which involve sensitive issues or where people are dealing with children, vulnerable adults and so on. We have that list of people to ensure risk management in employment and the protection and detection of crime.
I thank the hon. Gentleman; I, too, welcome him to the Dispatch Box. It is a pleasure to hear him. We need now—not on account of the hon. Gentleman’s answers, but more generally—to make somewhat brisker progress.
10. What steps he is taking to protect the right to anonymity of victims in rape cases.
It is an offence to breach the anonymity of a complainant in a case of rape or any sexual offence. Allegations that a complainant has been named will be investigated.
I thank the hon. Gentleman for that response, and I hope that he shares my concern at the online outing of the victim in the Ched Evans rape case who had her name emblazoned all over the social media. I am pleased that a number of arrests have been made, but does the hon. Gentleman share my concern that rape victims will be even less likely to come forward if they think that they might be outed in this way?
The hon. Lady raises an important point. I want to make it absolutely clear that the anonymity of rape victims is there for life. When it is breached, the full force of the law must be brought to bear. My understanding of the case that she mentions is that, as at 10 May, 13 people had been arrested. It is right that the law should be enforced, but it is also noteworthy that we clearly need to monitor the internet and ensure that we supervise it a lot better than we perhaps have in times past.
I wonder whether my hon. Friend could help, as there is growing concern about the use of Twitter in the ways described, but for other criminal offences. What actions are the Government taking to make sure that people are not allowed to hide behind their own anonymity when they tweet or use the internet in this way, which is to commit a criminal offence?
If the Minister thinks that the question is relevant, he can answer briefly.
16. When he expects the commission on a Bill of Rights to publish its report.
In accordance with its published terms of reference, the commission should aim to report no later than by the end of 2012.
I thank my hon. Friend for that reply. Will he update us on the work being undertaken by the commission?
Last year, the Government received advice from the commission on reform of the European Court of Human Rights, which was taken into account in negotiations to agree the Brighton declaration. The commission’s website contains minutes of its meetings and details of seminars, as well as information regarding the public consultation held last year. The topics considered so far include: reform of the Strasbourg Court; possible options for a UK Bill of Rights; parliamentary sovereignty; and issues relating to Scotland, Wales and Northern Ireland. The Government look forward to receiving the commission’s final report by the end of this year.
Is there any chance that the commission’s recommendations might include a recognition of the common-sense view that when people trample on the human rights of others, they should abrogate some of their own human rights?
17. What recent representations he has received on arrangements for compensation claims by people with pleural plaques.
I have just got a new BlackBerry and I was so impressed with it.
What is the Minister’s overall assessment of the recent Brighton declaration in terms of the European Court of Human Rights?
I thank my hon. Friend for that question. It is fair to say that the Brighton declaration was an excellent achievement for Britain. In his speech to Strasbourg on 25 January the Prime Minister outlined three achievements that he hoped for, the first of which was that there should be subsidiarity, with more decision making at the national level in the courts. That has been achieved. The second was that there should be more efficiency in the whole court structure, and that has been achieved. Thirdly, he hoped we would have a greater and better quality of judges in the Court, and that too has been achieved. We are going to have fewer cases going to Strasbourg and those that go will be dealt with efficiently. We dealt with 46 other countries, representing a total population of 800 million citizens, and I think it is a wonderful achievement on the part of Britain’s chairmanship to have got agreement between so many countries.
T5. Legal aid is a safety net that protects the most vulnerable people in our society, but now that the Government have refused to listen to the concerns of Mumsnet and other organisations that protect vulnerable women, does the Minister accept that there are potentially thousands of women who will be too scared to leave their violent partners as a result of the reforms?