(8 years, 7 months ago)
Written StatementsMy noble Friend The Minister of State, Department for Work and Pensions (Baroness Altmann) has made the following written statement.
I am pleased to announce that the Department for Work and Pensions intends to lay amendments to the cold weather payment scheme regulations by the end of September 2015. The changes detailed in these regulations will come into force on 1 November this year, in time for the beginning of the winter period.
This year the Met Office has recommended the replacement of two primary weather stations.
First, Tibenham airfield is proposed as a replacement for Norwich airport which is likely to have reduced availability. Tibenham airfield is a similarly representative station for the region and therefore a suitable replacement for Norwich airport both geographically and climatologically. As a direct weather station replacement all postcodes currently linked to Norwich airport will be moved to Tibenham.
Secondly, Llysdinam is proposed as a more suitable station for those areas currently covered by Sennybridge. Llysdinam is geographically and climatologically closer to the main populated areas of the region in and around Llandrindod Wells and Builth Wells. As a direct weather station replacement all the current postcode links will be transferred to this new station.
The regulations also make other minor changes to the alternative weather stations. This will ensure that the weather stations to postcode links are as representative as possible.
I will be writing to each Member whose constituency will be affected by the changes in the scheme, to make them aware of the advice from the Met Office.
Cold weather payments are separate from, and in addition to, winter fuel payments.
The amendments resulted from the Department’s annual review of the cold weather payments scheme. The review drew on expert advice from the Met Office and took account of representations from benefit claimants and Members of Parliament.
For winter 2015-16 the cold weather payment rate will continue to be £25 for each seven day period of very cold weather.
[HCWS192]
(8 years, 8 months ago)
Public Bill CommitteesQ 6 May I ask one last question? It has been suggested that some people who do not return to work—perhaps people who are on long-term sickness or disability benefits and do not become well enough to return to work—will never make repayments of the loan as a result of returning to employment, but will be able to do so when the house is sold. For some of those people, the sale is likely to take place at the point when they become so disabled that they need to make adaptations and perhaps downsize to release equity to do so. How will the market respond and what are the risks of those people being unable to fund a move to more suitable supportive housing?
Paul Smee: I think that any lender would want to talk to the borrower about the circumstances in which they found themselves. There might be ways, using conventional lending instruments of one form or another, to find a way through. Whether the Government at that point decide to exercise their second charge and in effect demand repayment of the loan would be up to them, but I believe the lending industry would want to work with the borrower to come to some sort of acceptable outcome.
Q 7 Welcome, gentlemen. It would be the Government’s intention to have comprehensive advice for claimants who are in the position of having interest that is to be converted into a loan—by way of advice on the accrual of interest and on the impact of the second charge. It could be a third or fourth charge depending on how many debts they have. It is our intention to give comprehensive advice. Is there anything that we should be mindful of when considering the advice to give? What would you emphasise that we should make clear to claimants?
Paul Smee: The first point I would make is that the advice that you will be giving will not be regulated advice within the regulatory framework to which my lenders are subject.
I appreciate that. This is just to inform them of the consequences of what we are doing.
Paul Smee: Yes, and lenders would be constrained if that was the case so we accept that. In the giving of advice, people should understand where the Government are coming from in being able to claim repayment of the loan and where they stand with their mortgage lender—they should understand that the Government do not take the place of the mortgage lender as a first charge holder. There is some basic understanding around the framework.
There will then be a need to explore whether it is in the financial interests of a particular individual, particularly at the end of a waiting period, to claim support for mortgage interest. It will be important to ensure that the provider of that advice has the ability to walk a borrower through the available options so that they come to the best solution in their circumstances.
Paul Broadhead: It is ensuring that the advice is available in a way that people want to receive it and can understand it. I agree with my colleague that this is not regulated advice and is more about guidance and understanding the impact of taking what was a benefit and is now a loan. I would equate it more to the money advice out there at the moment if somebody is in financial difficulty. There are channels that do that face to face, online and over the telephone. A study of how that market works currently would be helpful in finalising the channels for providing that advice to consumers. One thing I would say is that 167,000 people are in receipt of this as a benefit now. That is a big group of people to get through advice between now and April 2018. Care needs to be taken there.
Q 8 Thank you, gentlemen, for joining us. Why should homeowners be forced into extra debt when the renting sector has access to housing benefit? That seems somewhat iniquitous given that many of those people are already struggling financially and are on benefits. Will the measure mean that people on low incomes and in insecure jobs will be disadvantaged or excluded from getting on to the housing ladder as a result of the change?
Paul Smee: On the first point, I think that the rationale is that the individual concerned has an asset, and that that asset is realisable and, at the moment certainly, appreciating in value. I can understand when, at a time when policy choices are being made, the argument is that, given the existence of that asset, it is better to have some claim back of any money that is paid out.
When it comes to getting on the housing ladder, particular checks are already in place to ensure that people do not over-borrow and get into financial problems. That is enforced by the regulators of the financial services system. I do not believe that the change in SMI proposals will in any way add to the protections or inhibitions that the current regulatory system imposes.
Paul Broadhead: I agree with what Paul just said. The only thing I would add is that, in a case where it is not repaid from the sale of an asset—either on death, on the sale of the property or whatever it may be—and someone moves back into work, it is vital that they are not put under undue pressure, having been in financial difficulty and got themselves back on their feet with their mortgage payment, to make contributions that are perhaps not affordable in their circumstances at that time. Because we are in primary legislation mode, the detail of that is not yet clear, but it is an important consideration for later down the line.
(8 years, 8 months ago)
Commons Chamber3. What assessment he has made of the effect of the closure of Torquay magistrates court on witnesses and other court users.
No decision has been taken to close Torquay magistrates court. A full assessment of the potential impact will be made once the consultation closes and responses have been properly analysed.
I thank the Minister for that answer. In Torbay there are real concerns that the closure of the court could see an end to justice locally, with victims and witnesses having to travel long distances for cases. Is he willing to consider options that would help retain some local justice within Devon’s second largest urban area?
My hon. Friend and I have spoken about this, and I commend his diligence in campaigning for his constituents. If there are other options, such as using other civic buildings—town halls and the like—I am very keen to consider them, so I hope that he will contribute to the consultation.
12. What assessment he has made of the effectiveness of the recent reorganisation of HM Courts and Tribunals Service.
The infrastructure supporting the administration of the courts and tribunals is in desperate need of reform to deliver faster and fairer justice for all citizens. The way the service operates is inefficient, disjointed and based on technology that is simply out of date. The reform programme, which is strongly supported by the senior judiciary, is a once-in-a-generation opportunity to create a modern, user-focused and efficient courts and tribunals service.
Although I am aware of the proposed integration of Taunton tribunal service with the nearby magistrates court just down the road that will enable greater efficiency to the service, could the Minister kindly broaden the picture by confirming how many courts and tribunals were empty for more than half of their hearing time, which highlights other areas where efficiencies might be made?
My hon. Friend is absolutely right to note the integration of the two sites in her constituency, which are within half a mile of each other. In 2013-14, 170 courts and tribunals—more than a third of the total number—were empty for more than half their available hearing time. The current court estate is clearly inefficient and underused. Our reform programme is an opportunity to create a modern, more user-focused and efficient service that better serves the taxpayer.
Workington court in my constituency is one of the courts up for closure. I want to ask the Secretary of State about the impact that that will have on my constituents getting to courts. He recently said that when looking for courts up for closure:
“What we tried to do was to make sure that the time it will take for any citizen to travel to court remains less than an hour.”
Currently, it takes less than half an hour for 83% of my constituents to get to court.
I will be very quick.
If the court is closed, 58% will take up to two hours if they have a car, and 43% will take over two hours by public transport. Does the Minister consider that acceptable, and will he look at it again?
May I first assure the hon. Lady that this is a consultation and that no decisions have been taken so far? We want to be modern and to move into the 21st century, during which many people will simply not have to travel to courts, whatever the distances. We are moving to using video conferencing facilities, particularly for victims and witnesses. Courts are already doing that with prisoners, so the travel element will diminish.
It is now a considerable time since the Government closed down Keighley magistrates court in Bingley in my constituency and moved the operation to Bradford. However, the magistrates court in Bingley is still lying idle, costing the Government money in maintaining it and not doing anything for the local economy in Bingley. Despite my badgering the Minister about this on many occasions, not a great deal seems to have happened. May I urge him to pull his finger out and get on with selling this building and bringing it back into use, which is much needed for the local economy?
Does the Minister agree that the proposed closure of magistrates courts in rural areas, such as Dolgellau, where it is impossible to reach alternative courts in time by public transport, will in effect shift the cost of justice on to victims and witnesses, who participate in the justice system through no fault of their own?
I assure the hon. Lady that we have been particularly careful to take account of rural areas, such as those in Wales. I reinforce the point I made earlier that many people will not be required to attend court; that will apply only in some cases. Where people have such difficulties, they can speak to court officials to try to ensure that their cases are listed at a more acceptable time.
13. What assessment his Department has made of the effect on travelling distances and catchment areas when considering closures of magistrates courts.
Under the current consultation proposals, it will still be the case that over 95% of citizens will be able to reach their required court within an hour by car, a change of just 1% for Crown and magistrates courts and 2% for county courts. The proportion able to reach a tribunal within an hour by car will remain unchanged at 83%.
If Corby magistrates court is closed, some of my constituents in Corby and east Northamptonshire would have to drive for more than an hour to get to the nearest magistrates court, and many of those journeys would be impossible by public transport. I am very grateful to the Minister for agreeing to meet me and local magistrates to talk about this, but what consideration has been given to this particular problem in Corby?
As my hon. Friend says, we have corresponded about this problem and we have agreed to meet some of his constituents. I reassure him that this is a genuine consultation and that no decisions have been taken. If he has concerns, I very much hope that he and his constituents will make submissions to the consultation, which I assure him will be given very careful consideration. I hope he will contribute to that.
The consultation document on proposed court closures in Greater Manchester discusses the future use of non-court buildings, which I would support, particularly for pre-recording the cross-examination of evidence from vulnerable child witnesses. Will the Minister give us more detail of his thoughts, because it is important for the protection of vulnerable witnesses that the right courts are closed in the right places?
I am grateful to the hon. Lady for echoing the support for what we are trying to achieve. We are not setting any limitations at the moment; we are in listening mode. Where there is an under-utilised court, I envisage facilities being used for a couple of days in a town hall, for example. Perhaps the chamber or another available room may be rented. It does not have to be a public or civic building, but such buildings come to mind instantly. Currently, people can go to nearby facilities and give evidence via video conferencing so that they do not have to go to court, which is particularly helpful for vulnerable witnesses and victims.
The Minister should listen to Members from all parts of the House on this issue. Although he says that this is a consultation, he is already assuming that an hour by car is a reasonable distance. Of course, many people, particularly in rural areas, do not have access to a car. Cases in magistrates courts are taking a week longer than they did four years ago and dozens of magistrates are resigning over the unworkable courts charge. Is not the Government destroying local justice?
The hon. Gentleman speaks about listening. Perhaps he might take his own advice and do some listening as well. The Government are proposing to undertake a once-in-a-generation reform of the courts system and estate. It would be helpful if he co-operated and supported us in achieving what will be of ultimate benefit to the consumer and the public. They will benefit by getting faster and better justice, and Britain will remain world renowned for legal services.
14. What assessment he has made of the effect on the provision of justice of proposed court closures.
The current courts system is unsustainable and we want to create a more modern, user-focused and efficient service that is better for all. Ensuring that the public can access courts when they need them will be uppermost in my mind when considering the future of any court, once the consultation closes.
It is disappointing that my local court in Dartford has been earmarked for closure. Will the Minister please assure the House that when he decides which courts will be closed, he will give weight to the valid argument that local justice is at its best when meted out by local people in a local courthouse?
My hon. Friend is another Member who is doughty in speaking up for his constituents and I commend him for that. Again, as far as Dartford magistrates court is concerned, I assure him that no final decisions have been taken. Local justice is important and I am open to suggestions of other venues. I reiterate that we have the potential to use video conferencing. Lawyers are already using telephone conferencing. Two sets of lawyers will have a three-way conversation with a judge in chambers, rather than going to court as they did in old times. We must make use of modern technology if we are to keep pace with the 21st century.
I remain concerned about the proposed closure of Feltham magistrates court, following the closure of Brentford magistrates court. I am concerned that it will break the fundamental link between local people and the justice system, and not just because of the travel issues. Feltham magistrates court has been successful in running school competitions to increase understanding of the justice system. Is the Minister concerned about the collective impact of the proposals, alongside the closure of police stations, on people’s relationship with the justice system and on its effectiveness in our communities?
The hon. Lady and I have spoken about the proposals in her constituency. I am confident that the connection that police and the local justice system have with the local community will remain strong. The only thing that will happen is that we will move to a 21st-century legal system. I emphasise that the proposal has the total backing of the senior judiciary. They are the people who operate within the courts and they support the proposals.
15. What steps his Department is taking to ensure the (a) timeliness and (b) accuracy and quality of the content of answers to parliamentary questions by his Department.
T3. Skegness court is one of the most underused in the country and one of the least able to cope with vulnerable prisoners. I am not sentimental about the building, but will the Minister assure me that we can still dispense justice locally in Skegness, perhaps in another facility?
I can certainly give my hon. Friend that assurance. I very much look forward to hearing of any options he has when he responds to the consultation.
T4. The National Audit Office has estimated that between 160,000 and 220,000 careworkers are illegally paid below the national minimum wage, but if they seek redress, those workers, without money, are expected to pay hundreds of pounds in employment tribunal fees. Does the Secretary of State accept that his Department’s tribunal fee policy makes a mockery of the Prime Minister talking tough on poverty pay?
T7. When the criminal courts charge was introduced, Labour warned that the lack of judicial discretion would result in miscarriages of justice, with people pleading guilty to avoid additional cost. It concerns me that people may be pleading guilty to save money in the short term. That will have a longer term impact on employment opportunities. Does the Minister think that is right and fair?
I very much hope that if people are innocent, they will plead innocent. It is important to remember that the charge is levied at the end of all the other charges—costs, compensation, victims’ surcharge and so on. The charge is also based on ability to pay, so if people are having difficulty, they will not be forced to pay. If they do keep to their payments, no matter how minimal they are, then after two years the rest of the sum is actually scrapped.
T6. Does my hon. Friend agree that on a complex constitutional Bill, such as the British Bill of Rights, it is important that time is taken and there is proper consultation so that all the issues can be considered, unlike in 1997 when the Human Rights Act was introduced?
T9. Lambeth county court serves my constituency. Will the Minister clarify whether the court met the Department’s definition of underused or surplus, if 50% of its available hearing time went unused? What assessment has the Department made of the impact of its potential closure on my constituents?
No firm decisions have been made at the moment. The consultation document has individual papers as far as each individual court is concerned. They are quite comprehensive. If the hon. Gentleman has issues and concerns, I am happy for him to write to me and I am happy to correspond with him while the consultation is taking place.
T8. Last week, the Youth Justice Board announced that the contractor running the Rainsbrook secure training centre in my constituency will change shortly. What discussions has the Minister had to help to ensure that the centre and its staff have a smooth and timely transition to the new contractor?
A key value of Tottenham magistrates court, which is earmarked for closure, has been the delivery of local, visible justice. Will the Department seriously consider Enfield’s civic centre, or other community buildings, so that young people in particular can see it as a place where first hearing youth courts can take place and deliver effective local justice?
There are serious concerns about the proposed closure of St Helens county and magistrates court. It is a well- used, fit-for-purpose building and it was only in 2012 that £1.7 million was spent to accommodate the county court. The consultation document states that 95% of attendees will be able to travel within an hour, but no consideration has been given to outlying areas of our borough. Although there is a direct transit bus and rail, there is no direct—
What, that I ever learnt? [Laughter.] Topical questions are supposed to be a little shorter.
I am pleased that the hon. Lady was able to get her contribution in at the end. As I said, this is a consultation and no firm decisions have been taken. I know she has written me a comprehensive letter, to which I have responded, but that was a while ago, so I am happy to have further correspondence with her, if necessary.
The Minister already knows my views on the unacceptability of the proposed closure of Lowestoft court. Is he aware that if the proposed closures of Lowestoft and Bury St Edmunds go ahead, Suffolk will be the worst English county in terms of magistrates courts per square mile, with one court covering 1,466 square miles, compared with 692 square miles in Norfolk, 355 square miles in Essex and 655 square miles in neighbouring Cambridgeshire?
It is clear that people in Suffolk are more law-abiding. My hon. Friend and I have of course met and corresponded, and I am happy to continue that engagement. No firm decisions have been taken, and I commend him for the conscientious way in which he speaks up for his constituents.
If the proposed closure of Scunthorpe magistrates and family court goes ahead, people living in Hibaldstow, Scawby and Redbourne will have to travel more than two and a half hours by public transport each way to access the courts system. Will the Minister take up the challenge from Mandy Talbot, the chair of the local bench, to come to Scunthorpe and look at the practical effects of these proposals on the delivery of local justice before he makes a decision?
As I have said a few times already this Question Time, it is intended that many people who currently travel to courts will not have to do so. Access to justice does not simply mean an actual physical presence in a court. If, however, the hon. Gentleman and his constituents want a meeting, I am more than happy to meet them.
Court users in Bury realise that the best use has to be made of the court estate, but will the Minister confirm that if they come up with an alternative set of proposals to reorganise the court structure in Greater Manchester, they will be given genuine and serious consideration?
I can certainly give my hon. Friend that assurance. We will be treating all submissions carefully. No decisions have been made yet. We are proposing a radical new direction for the future of our courts system, and if sensible proposals are made, we will certainly consider them.
The Secretary of State will no doubt be aware that in their programme for government 2015-16 the Scottish Government said that they would abolish employment tribunal fees using powers to be devolved under the Scotland Bill. Will he now recognise that the introduction of those fees has prevented access to justice and follow the Scottish Government’s lead by abolishing those fees across the UK so that all workers in the UK can afford to have their cases heard?
(8 years, 8 months ago)
Written StatementsMy noble Friend the Minister of State for Civil Justice (Lord Faulks QC) made the following written statement on 22 July 2015.
“I am today announcing the Government’s response to the consultation on proposals for increases to court fees, which was published on 16 January 2015, and also launching a new consultation on further proposals.
The courts fulfil a vital role in an effective and functioning democracy. They provide access to justice for those who need it, upholding the principle of the rule of law. That is why we need to make sure that the courts and tribunals are properly funded.
The Secretary of State and the Courts Minister have set out separately plans for reform to the courts and tribunals where we will be investing in reforms that will deliver a modernised, leaner, and more efficient system.
To deliver this vision, we need a strong, secure and effective economy. This Government were elected to continue our work to fix the economy, by reducing public spending, eliminating the deficit and reducing the national debt. The courts and tribunals must continue to play their part in this national effort as much as any other public service.
There is, however, only so much that can be delivered through efficiency measures alone. If we are to secure sustainable funding of the courts and tribunals, we must also look to those who use the system to contribute more where they can afford to do so.
That is why we have to look again at court fees. Despite the fees already introduced, HMCTS still costs £1 billion a year more to run than it receives in income. In considering the changes outlined below, we have been determined to:
deliver faster and fairer justice for all;
protect the weak and vulnerable;
promote equality of all before the law.
Following a consultation launched by the coalition Government in January 2015, today’s Government response confirms that we will:
increase the fees for issuing a possession claim in the county court by £75, from £280 to £355. Our analysis of the available evidence suggests that this increase will not deter anyone who would otherwise have taken their claim to court;
increase the fees for general applications in civil proceedings by £50, from £50 to £100, for an application by consent and by £100, from £155 to £255, for a contested application. In order to ensure the most vulnerable are not affected, we are excluding from this fee rise applications such as those to vary or extend an injunction for protection from harassment or violence.
In December 2013, the coalition Government also consulted on increasing the fee payable to issue divorce proceedings from £410 to £750. Today we are announcing that we will: increase the fees for issuing divorce proceedings to £550. We have carefully considered the concerns raised during the consultation and decided not to increase fees by 80% as originally proposed. Instead we will press ahead with a more affordable increase of about a third. We are also protecting the most vulnerable by ensuring that fee remission is available for those who need it, such as women in low wage households.
These three measures are estimated to deliver over £60 million in additional income each year but the drive to reduce costs is ongoing. We are therefore also announcing today a consultation on further proposals:
an increase in the maximum fee for money claims from £10,000 to at least £20,000. Fees are currently payable on 5% of the value of a claim up to a maximum fee of £10,000. This change will only affect the highest value claims, worth £200,000 or more. There are 1.2 million money claims each year, of which 5,000 will be affected. That is just 0.4% of the total, or one in every 240 money claims. Many of the claims brought for higher values will involve large multi-national organisations or wealthy individuals, and we believe it is right to ask them to contribute more. In order to protect the most vulnerable, personal injury and clinical negligence claims will be excluded from this higher cap and fee remissions for those of limited means will continue to apply;
introducing or increasing fees for certain tribunals. We are proposing to double fees in the immigration and asylum chamber, while applying exemptions to protect the most vulnerable. We will not be applying any fees to the social entitlement chamber of the First-tier Tribunal, where most applicants do not have the means to pay, or to the Mental Health Tribunal, which deals with especially vulnerable individuals. We will, however, introduce fees to the property, tax and general regulatory chambers. In the property tribunal, we are proposing fees at low levels for the majority of applications, while setting higher fees for leasehold enfranchisement cases where there are often large sums of money at stake. In each of the tribunals being consulted on, we aim to recover 25% of the total cost of the service through fees with taxpayers footing the rest of the bill;
a general uplift of 10% to a wide range of fees in civil proceedings. These are small increases and only apply to fees which are not already above full cost.
These further proposals are estimated to generate around £48 million a year in additional income.
We are committed to protecting access to justice for all and so we will: make the remissions scheme more generous. We will increase the amount of disposable capital those who need to pay a larger court fee are allowed to have in order to qualify for remission. We are also considering whether other forms of payment or benefit should be excluded from the disposable capital test. The HMCTS remission scheme will apply across all the courts and tribunals on which we are consulting, with the exception of the immigration and asylum chamber where separate arrangements are in place.
Full details are set out in the consultation paper which is available on the MoJ website. The consultation will close on 15 September.”
We recognise that fee increases are not popular but they are necessary if we are to deliver our promises to fix the economy and bring the nation into surplus. At every stage we have sought to protect the most vulnerable by ensuring they will not have to pay new and higher fees and by making the remissions scheme more generous. We have also sought to ensure that those who can afford to—such as wealthy individuals or large corporations making very high money claims—will make a bigger contribution. Every pound we collect from these fee increases will be spent on providing an efficient and effective system of courts and tribunals.
[HCWS176]
(8 years, 9 months ago)
Written StatementsOn 23 June 2015 the Lord Chancellor and Secretary of State for Justice announced his intention to work with the judiciary to reform the courts and tribunals in England and Wales. Reform will bring quicker and fairer access to justice and create a justice system that reflects the way people use services today.
Progress towards a modernised service is already being made. Wi-fi and digital screens have been introduced into many court buildings and a digital case management system for the administration of criminal cases is well under way.
This is encouraging progress, but more needs to be done. There is a broad consensus that the current system is unsustainable and that we have an opportunity to create a modern, more user-focused and efficient service.
Increased use of technology such as video, telephone and online conferencing will help drive these improvements. Straightforward, transactional matters, such as paying a fine and obtaining probate can be dealt with using digital technology to make the processes as straightforward as filing a tax return. Many straightforward cases do not need face to face hearings which should be reserved for the most sensitive or complex cases.
We can only provide better access to justice if we take difficult decisions to reduce the cost of our estate and reinvest the savings. As the Secretary of State told Parliament, this means,
“a significant number of additional courts will have to close.”—[Official Report, 23 June 2015; Vol. 597, c. 755.]
I am today announcing a consultation on the closure of 91 courts and tribunals in England and Wales. I am also announcing the integration of 31 courts and tribunals in England and Wales.
Her Majesty’s Courts and Tribunals Service operates 460 courts and tribunal hearing centres across England and Wales. The estate costs taxpayers around half a billion pounds each year, and at present, it is underused. Last year over a third of all courts and tribunals were empty for more than 50% of their available hearing time.
Today’s consultation puts forward proposals that aim to reduce this surplus capacity. The buildings being consulted on represent 16% of hearing rooms across the estate which are, on average, used for only a third of their available time. That is equivalent to fewer than two out of five days in a week.
The majority of these courts are not used for at least two thirds of their available time, and one in three is not used three quarters of the time.
Attending court is rare for most people. It will still be the case that, after these changes, over 95% of citizens will be able to reach their required court within an hour by car. This represents a change of just 1 percentage point for Crown and magistrates’ courts and 2 percentage points for county courts. The proportion of citizens able to reach a tribunal within an hour by car will remain unchanged at 83%.
To ensure that access to justice is maintained, even in more rural locations, we are committed to providing alternative ways for users to access our services. That can mean using civic and other public buildings, such as town halls, for hearings instead of underused, poorly maintained permanent courts.
We are reforming the courts and tribunal service so that it meets the needs of modern day users.
As we bring in digital technology for better and more efficient access to justice, fewer people will need to physically be in a court.
This means that we will need fewer buildings, and with many already underused and in poor quality, now is a good time to review the estate.
The consultation will begin on Thursday 16 July and run for 12 weeks. A response to consultation will be published following proper consideration of all views submitted.
A copy of the consultation will be placed in the Libraries of both Houses.
[HCWS28]
(8 years, 10 months ago)
Written StatementsThe judicial diversity taskforce has today published its fourth annual report, which details the progress the group has made in addressing the 53 recommendations of the advisory panel on judicial diversity. The taskforce comprises of senior members of the judiciary, the Judicial Appointments Commission, the Bar Council, the Law Society, the Chartered Institute of Legal Executives and the Ministry of Justice.
Our judges are rightly held in high regard around the world, and it is important that they reflect today’s diverse society, which is why we are pleased such significant progress was made by members of the taskforce over 2014. In large part this was driven by our collaborative approach to improving diversity and engaging in new ways of working across the legal and judicial professions.
Some of the achievements of the taskforce include:
Successful implementation of the equal merit provision; which allows for a candidate to be recommended for appointment for the purpose of improving diversity within the judiciary in instances when two or more candidates are of equal merit.
Extending the opportunity for salaried office holders to sit part time in the High Court and above.
Identification of ways to improve the selection and recommendation process for judicial appointments through an external review.
Improvements in statistical reporting, and in data collection and management, to better monitor and evaluate progress on judicial diversity.
Arranging a series of workshops and training programmes aimed at encouraging under- represented groups to enter the judiciary.
Increasing the amount of Diversity and Community Relation Judges, who play a key role in outreach events and act as figureheads for diversity and community engagement.
The judicial diversity taskforce held its last meeting in November 2014 and this will be its final annual report.
The oversight function of the taskforce will now be the responsibility of the Judicial Diversity Forum, which brings together most of the parties who were in the taskforce. The forum will continue to review progress against the outstanding and ongoing recommendations listed at the end of the report, and will work to identify new opportunities for action. This will ensure that the goal of improving judicial diversity continues to be embedded in the working practices of the judiciary, legal professions and Government.
Copies of the taskforce’s report have been placed in the Libraries of both Houses.
The report is also available online at:
https://www.gov.uk/government/publications/judicial-diversity-taskforce-annual-report-2014
[HCWS60]
(8 years, 10 months ago)
Commons Chamber3. What plans he has for the future of the court estate in Gloucestershire.
The court estate in Gloucestershire, and across England and Wales, is a major asset of Her Majesty’s Courts and Tribunals Service. Any new proposals on the future of the courts will be subject to consultation.
Will my hon. Friend, as part of the Courts and Tribunals Service reform programme, consider establishing one purpose-built building to house all court services?
I have discussed the issue of the courts in Gloucestershire—and in Gloucester in particular, where we have a Crown court that predates the battle of Waterloo—with the Minister and his predecessors for several years. As my neighbour and colleague, my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown), has said, our courts are in a dire position. Will he confirm today that the Department will look very closely at the state of the courts and take advantage of the opportunity to use the site we have reserved free of charge in Blackfriars?
I congratulate my hon. Friend on his re-election. I know the issue of the court structure was a key element in the general election. It is good to see that, post-election, he continues to battle for that cause. We have met and corresponded on this issue, so he will be aware that, as we speak, officials are engaged in considering the best way forward.
4. What progress he has made on ensuring that prisoners undertake work in prisons.
The Government recently announced that they were going ahead with a further 8.75% fee cut to criminal legal aid, the second in a year. The existing system, especially the online Crown Commercial Service system, is already wholly inadequate. What justification is there for further cuts, other than to further reduce access to justice for those most in need?
May I first welcome the hon. Lady to the House?
It is important that we recognise that we have one of the most generous legal aid budgets in the world, and that it needs to be sustainable. It has to be fair to the people who need legally aided advice, fair to the providers and fair to the taxpayer, who ultimately pays for it. As far as the latest 8.75% cut is concerned, we have made sure that there will be proper access for all those who need legal advice.
(8 years, 11 months ago)
Written StatementsI am today confirming next steps for the criminal legal aid market.
Maintaining access to justice and upholding the principle that those accused of a crime have the right to representation in their defence is vitally important. We recognise and value the reputation our legal profession enjoys internationally. We must preserve that reputation while enhancing the quality of advocacy in our courts.
We cannot escape the fact, however that there is a pressing need to ensure our criminal justice system performs more efficiently. Last year we spent £1.7 billion on legal aid. Although that is down from the 2009-10 peak, it is still far higher than many other developed economies. As a proportion of GDP, we spend more on legal aid than any other EU nation outside the UK. And per capita, we spend more on legal aid than most other common law jurisdictions––double the amount spent in Australia, Canada and the Republic of Ireland.
Of course no two legal systems are identical, but there is no doubt we still have a generous system compared to other countries. The continuing need to reduce the deficit means that we must make further progress. We must secure greater efficiencies while maintaining a high quality service and guaranteeing that everyone accused of a crime has the same access to a legal aid lawyer as they do now.
The coalition Government announced a series of changes to secure savings in criminal legal aid, including:
Reducing litigators’ fees by 17.5%, with last year’s initial reduction of 8.75% followed by a further reduction of 8.75% this year.
Proceeding to introduce 527 new duty provider contracts, the tender for which was put out prior to the election.
Reducing advocacy fees by £10 million per year.
In considering the programme set in train by the previous Government for the criminal legal aid market, we have listened very carefully to the concerns of the profession. We share the view that we must protect the quality of the service provided by litigators and that we must make sure that this high quality service remains sustainable in all parts of England and Wales. We recognise that changes in the litigation market have the potential to affect the provision of advocacy, and agree that high quality advocacy also must be preserved and enhanced. We will be taking steps to work with the profession to explore measures to achieve this.
Having considered the findings of Sir Brian Leveson’s report into the efficiency of the criminal courts, the impact of broader criminal justice reforms, and the impact of changes already introduced, we have decided to press ahead with the second 8.75% reduction to litigators’ fees announced by the coalition Government.
Before reaching this conclusion, we examined changes to our forecast legal aid expenditure, changes to the existing market, provider withdrawal rates and reasons, contract extension acceptance and early information from the duty provider contract tender. This reassured us that legal aid reforms so far have not had any substantial negative impact on the sustainability of the service.
The statutory instrument implementing this reduction will be laid today, and the change will come into force on 1 July.
We will also proceed with the new duty provider contracts, the tender for which is already well underway. The Legal Aid Agency is currently assessing bids and is on track to announce decisions in the autumn. As intended by the coalition Government, these changes will help mitigate the impact of the cut to litigators’ fees. Organisations that are awarded duty provider contracts will have exclusive access to duty contract work and will benefit from economies of scale. Together, these changes will ensure there is a sustainable duty solicitor service across England and Wales.
We are particularly keen to ensure we retain a vibrant independent bar and protect the high standard of advocacy which is a hallmark of our justice system. Having listened carefully to the case put by the profession, we have decided not to reduce advocacy fees at this stage. Instead we want to work closely with the profession in order to explore alternative ways of securing savings through greater efficiencies in criminal proceedings. That will include implementing the findings of Sir Brian Leveson’s report, which contained wide-ranging recommendations to deliver more efficient criminal courts.
Taken together, these changes must be closely monitored in order to ensure we preserve access to justice and high quality advocacy. We will therefore establish a review to assess the impact of the litigators’ fee reduction and the dual contracting model on access to justice and the quality of litigation and advocacy provision. This review will be undertaken by an individual independent of Government, and will commence in July 2016.
Although the transition will be challenging, the changes we are pressing ahead with today are designed to ensure that we have a system of criminal legal aid that delivers value for money to taxpayers, that provides high quality legal advice to those that need it most, and that puts the profession on a sustainable footing for the long term.
[HCWS22]
(9 years, 1 month ago)
Written StatementsMy noble Friend the Minister of State for Civil Justice and Legal Policy (Lord Faulks QC) has made the following written statement.
“I am pleased to announce that following its consideration of the responses to the consultation paper published by the Ministry of Justice on 27 August 2014 the Government have decided to create the new legal status of guardian of the property and affairs of a missing person.
The Government strongly support the creation of the new legal status and will now prepare the necessary primary and secondary legislation and guidance to enable the proposed scheme to be implemented as quickly as possible. In this task we will continue to work with stakeholders to design a scheme that can be implemented at minimum cost and operated with minimum problems.
The timing of the introduction of the legislation will be decided by Ministers in the next Parliament. Nonetheless, given the importance of this measure, the strong support to date from all sides and its own commitment to bringing forward legislation as soon as possible, the Government hope that legislation will be brought forward without delay in the new Parliament.
The key features of the proposed scheme will be:
A guardian will be required to act in the best interests of the missing person and in this respect will be subject to duties similar to those of a trustee.
The guardian will be supervised by the Office of the Public Guardian and will be required to file accounts in much the same way as a deputy appointed under the Mental Capacity Act 2005.
A guardian will be appointed by a court on application by a person with a sufficient interest in the property and affairs of the missing person.
The appointment will be for a period of up to four years with the possibility of applying for an extension for up to another four years.
The replies to the consultation are described and analysed in the response paper published by the Ministry of Justice today.
I have placed a copy of the response paper in the Library of each House of Parliament. It is also is available at https://consult.justice.gov.uk.”
[HCWS449]
(9 years, 1 month ago)
Commons Chamber3. When he next plans to meet representatives from (a) the Law Society and (b) the Bar Council to discuss legal aid.
Throughout the development of the “Transforming Legal Aid” package of reform, my officials and I regularly met the Law Society, the Bar Council and other members of the legal profession. Officials from the Department and the Legal Aid Agency continue to be in regular contact with the representative bodies as we implement the reforms.
I thank the Minister for that reply. Is he aware that I represent a number of constituents involved with family law cases, including one young mother who is contesting adoption proceedings? She received legal aid for the substantive hearing, but she is now appealing and, unfortunately, cannot get legal aid. Has he made any assessment of the impact of the cost in respect of litigants in person within the family division? Without increasing the overall legal aid budget, will he consider some reallocation of resources within it to solve this particular problem?
In a previous Question Time, I raised the problem of victims of domestic abuse apparently being deterred from going to law because of the cuts in legal aid. Has the Minister discussed the matter with representatives of the law authorities? Does he have any statistics to confirm these reports?
Following on from that, on how many occasions have victims of domestic violence had their legal aid funding stopped because of the rule changes for evidence now being more than two years old? The Minister must have that information to hand.
What I will tell the hon. Gentleman is that this issue has been the subject of a huge amount of misunderstanding among the wider public, not least because of the misinformation imparted by people such as himself. On two occasions we have increased the criteria on the required evidence, once during the passage of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and subsequently when we found that more evidence was required.
4. What progress he has made on reducing the legal aid budget
In 2009-10, as this Government took office, £2.2 billion was spent on legal aid. Following our two major reform programmes, spend has fallen to £1.7 billion in 2013-14 and is expected to fall to about £1.5 billion once the reforms have fully worked through the system.
I thank the Minister for that answer. A month ago in the High Court, Lord Justice Laws described the Government’s proposal to have two-tier contracting as reasonable, “proportionate” and a “proper way” to proceed. The case has now gone to the Court of Appeal and a decision is expected imminently. Can the Minister confirm that, subject to that decision, he will be proceeding in this Parliament with a tendering process and not be constrained by what appears to be legal time wasting?
Having successfully defended a challenge in the High Court, we robustly defended our position in the Court of Appeal and are awaiting judgment. If the appeal is dismissed, it is our intention to continue the tender that is currently subject to an injunction as soon as possible.
Access to justice is one of the cornerstones of our democracy. Given the reductions in legal aid, can the Minister say whether there has been a rise or a fall in the number of litigants in person?
I believe there has been a rise in litigants in person, but the Government have also made a huge amount of provision to cater for that. I also say to the hon. Lady and Opposition Front Benchers, who have never said that they are going to reverse the cuts that we have made, that we need a legal aid system that is sustainable, for the people who need it, for the legal providers and for the taxpayers who pay for it.
Has the Minister noted the Justice Committee’s conclusion that although the Government had achieved the cost reduction, there was some transfer of cost to other budgets and far too little availability of the exceptional cases fund, and that mediation, far from increasing, had actually dropped?
May I thank the right hon. Gentleman for his question? As far as exceptional funding is concerned, the giveaway is in the title. The fund is meant to be exceptional, but some people have seen it as a discretionary fund. Not surprisingly, therefore, the numbers involved in it have been few.
I understand that the right hon. Gentleman is retiring at the end of this Parliament. Let me say what a pleasure it has been to work with him. I may not always have agreed with him, but working with him has always been a pleasure, and I wish him well for the future.
Perhaps the Minister should listen to the Chair of the Justice Committee and read his report that found that the Government had failed in three of their four objectives for legal aid: they have not discouraged unnecessary litigation; they have not targeted legal aid to those who need it the most; and they have not delivered better value for money for the taxpayer. That is what the report says. Does the Minister agree that that abject failure is a fitting epitaph for the least competent Lord Chancellor since the Reformation?
It is always helpful if shadow Ministers do their homework. The proposals to which the hon. Gentleman refers were achieved by the previous Lord Chancellor. As far as his comment on the Justice Committee’s report is concerned, I do not hear him or his boss saying that they will be reversing any of the cuts that we have made. If they want to do that, the shadow Chancellor will have plenty of opportunity so to do in due course.
5. What assessment he has made of the effectiveness of his Department's oversight of claims-handling companies.
Tackling bad practices by claims management companies is a priority for the Department’s claims management regulator. Recent measures taken to strengthen the effectiveness regulation include tougher rules to crack down on malpractice and a new power to impose financial penalties on CMCs that break the rules. Since regulation began in 2007, the licences of more than 1,200 CMCs have been removed. Between April and December 2014, we stepped up enforcement action, with 338 CMCs being warned for poor conduct or having their licences removed.
The whole country is sick of these companies ringing up day and night leaving answerphone messages and harassing pensioners. When it comes to PPI mis-selling, they are taking half the money that is due to decent people purely for writing a letter to a bank asking it to investigate the matter. We need to expose the sham of these companies more effectively, because, across the country, people are losing out and are getting increasingly sick of their behaviour.
I agree that many people are very upset with the behaviour of those companies. In fact, millions of people are upset with what is happening. This is something that requires joined-up activity. The claims management regulator is working closely with the primary enforcement agencies at the Information Commissioner’s office and at Ofcom to investigate practices and take firm enforcement action against rogue companies. The hon. Gentleman will be aware that much work on nuisance calls has already been done and that the Department for Culture, Media and Sport is leading on reforms in this area. Last year, for example, the Department published a joint action plan, involving all the relevant regulators, including the Information Commissioner’s office, Ofcom and the claims management regulator.
7. What his strategy is for supporting victims of crime.
9. What steps he plans to take to ensure access to justice regardless of ability to pay.
The Government’s reform programme to promote access to justice aims to deliver a justice system that is more accessible to the public. It aims to support people in resolving their disputes through simpler, more informal remedies, and to limit the scope for inappropriate litigation and the involvement of lawyers in issues which do not need legal input.
Let me give the Minister one more chance to answer a question on last week’s Justice Committee report on the civil legal aid cuts, which revealed that the Government have failed to achieve all three of their targets. Can the Minister confirm that there has been an underspend in the legal aid budget, and that exceptional case funding has failed to achieve the aim of protecting access to justice for the most vulnerable?
For the benefit of the hon. Lady, let me say once again that if it were not for the Government whom she supported causing the mess that they did, we would not have been obliged to make the cuts we have had to make. Despite making them, we still have one of the most generous legal aid budgets in the world.
Can the Minister tell the House how our legal aid budget compares internationally?
It is a fact that the Government’s cuts to legal aid have denied thousands access to legal advice. The Government’s changes to tribunal and court fees are having an additional impact on women and other vulnerable groups. The number of victims of domestic violence receiving legal aid has fallen significantly, and the number of sex discrimination claims is down by 90%. Unless the Government genuinely believe that this is an indication of significant improvements to society—that it indicates less domestic violence and less sex discrimination—women are being denied access to justice. Will the Government agree to an urgent review of the impact of the changes they have made on women and other vulnerable groups?
In that very long contribution from the right hon. Gentleman, it is regrettable that not once did he say that if he were Lord Chancellor, he would reverse the cuts we have made. That sums up where the Opposition are: they are happy to object, they are happy to write articles—[Interruption.] Yes, the right hon. Gentleman points to the public. I point to the public as well, and I say that nowhere did the right hon. Gentleman say that Labour would reverse the cuts we have made. [Interruption.]
Order. Members must calm down. The right hon. Member for Slough (Fiona Mactaggart) is a distinguished ornament of this House, a celebrated figure, a former Minister. Decorum, I remind her.
12. What recent assessment he has made of the outcome of the pilots of section 28 of the Youth Justice and Criminal Evidence Act 1999.
Recorded pre-trial cross-examination is designed to help vulnerable witnesses to give their best possible evidence and to spare them the trauma of being cross-examined in front of a jury and the public. The hon. Lady will know that we have been piloting the scheme in Liverpool, Leeds and Kingston upon Thames Crown courts, and that the pilots ended in October 2014. Interim findings from the evaluation of the pilots are awaited, and an announcement of the plans for any future roll-out of the scheme will be made in due course.
I recently visited the recorder of Liverpool, Judge Goldstone, who said that the section 28 pilot in Liverpool had resulted in a sea change in culture in court: cross-examinations without the aggressive barracking and repetitive questions of defence lawyers, and impressive outcomes in the reduction of stress and anxiety in children. Does the Minister agree that if the pilot was rolled out to every court, it would hugely increase the confidence of child witnesses in the criminal justice system?
13. How many foreign nationals have been released from prison since May 2010.
19. How many women who have been victims of domestic violence applied for legal aid in proceedings relating to their children in the latest period for which figures are available; and if he will make a statement.
From July to September 2014, there were 3,097 applications for legal aid in relation to private law proceedings under the Children Act 1989. Due to the way in which data are collected, that figure includes applications where there was evidence of child abuse and applications that were made by men. I will write to the right hon. Lady to provide a breakdown of applications by gender.
I asked for the figures because the gateway into legal aid for victims of domestic violence requires them to provide evidence that they have been victims of domestic violence in the last two years. We know that abusers use child custody and access arrangements to further abuse their victims. What is the Minister doing about that?
People with asbestos-related diseases not only have to cope with their illness, but often have a difficult court battle to get compensation. With the proposed rise in court fees, which are totally disproportionate—for example, going from £1,300 to £10,000—many claimants will be deterred. Will the Minister look again at the scale of those rises to see if they can be reduced to a more reasonable level?
Some 90% of people will not be affected by the enhanced fees, and we have waivers for people who do not qualify on financial grounds. The fees will apply only to a relatively small number of people, and even for them we have the waivers.
In 2010, the Government put on hold plans to rebuild Sunderland’s court complex, and answers to recent parliamentary questions reveal what we have always feared—that no decision was ever likely to be taken in this Parliament. What would the Minister say to people across Sunderland to explain his Government’s complete failure to make any progress in the last five years?
I would say to the people of Sunderland: look at the record of the Labour party in government—it did absolutely nothing. We have put in place a five-year reform programme that will bring our courts into the 21st century. Her Government did not do that, but we have, and in five years, we will have the best courts in the world.
T10. My plans for the regeneration of the city of Gloucester include a new car park and entrance to Gloucester station, but they depend on a land sale agreement between the Ministry of Justice and the city council and the land’s onward leasing to First Great Western. Ministers have been sympathetic to urban regeneration. Will my hon. Friend confirm whether the MOJ has agreed an independent local valuation so that rapid progress can be made on the sale?
The Justice Secretary has confirmed that he will plough on with his barmy idea for two-tier contracts for criminal solicitors, so it will fall to either the Court of Appeal or my right hon. Friend the Member for Tooting (Sadiq Khan) to kick this barmy idea into touch forever after we win the election. How does the Justice Secretary expect criminal firms and solicitors to give up 50% of their client work voluntarily? We have asked that lots of times, but we have never had an answer.