Prisons and Courts Bill

Debate between Shailesh Vara and Richard Burgon

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Richard Burgon]

In Committee, my hon. Friend the Member for Halifax (Holly Lynch) and others will look at ways of ensuring that we put the safety of our prison officers first, and on a par with the safety of police officers. Overcrowding, violence and failure to reform are all challenges that the Bill must confront and surmount.

The Bill sets out proposals to modernise the way in which our courts and tribunals operate, which is welcome. I can testify from my decade as an employment tribunal lawyer that when Dickens complained in “Bleak House” about the turgid pace with which courts dealt with cases, he could have been speaking for our age, too. However, technology has begun to appear in courtrooms, from which it was previously glaringly absent.

It is vital that such innovations do not come at the expense of access to justice, because in recent years, when the Conservatives have released documents with the word “transforming” in the title, that has usually been shorthand for cutting, diminishing and failing—think of “Transforming Legal Aid” and “Transforming Rehabilitation.” “Transforming our Justice System,” which is one of the papers that has influenced this Bill, must not result in the same.

The Lord Chief Justice, Lord Thomas, was certainly correct when he said last year:

“Our system of justice has become unaffordable to most.”

I was glad that the Secretary of State praised Lord Thomas in her speech, but I would welcome it if she went beyond praising him and agreed with his analysis of the barriers to access to justice.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

Lord Thomas certainly said that, but the hon. Gentleman will be aware that Lord Thomas also supports all the Bill’s measures on reforming the courts, particularly on using technology to allow the access to courts that so many people were saying was going to be denied. Lord Thomas supports all the measures.

[Richard Burgon]

I made it clear at the outset of my speech that we will not oppose the Bill on Second Reading. We welcome a number of the Bill’s measures, but the Government should go further. I hope that the Secretary of State will agree that reform should not come at the expense of access to justice, and if Lord Thomas, whom we all hold in high esteem, is saying that our system of justice has become unaffordable to most, Members on both sides of the House must take that seriously.

Nothing more poignantly demonstrates what Lord Thomas said about the barriers to access to justice than the 70% reduction in employment tribunal cases following the coalition Government’s introduction of employment tribunal fees. The Bill must provide answers to such problems. Technology alone is not a panacea, nor must it be utilised to mask further cuts to public funding.

A key feature of the Bill that has received much coverage in recent weeks is the proposed reform of whiplash claims. When the Bill was published, many people were pleased that it did not raise the small claims limit for all personal injuries, so the Government can be congratulated on listening—or listening a little—but we should be clear that the reform of whiplash claims is based on a false premise. The Secretary of State said today that there is a “rampant compensation culture”, but there is no epidemic of fraudulent claims. The British people are not on the fiddle or on the make in the way the Government so disparagingly suggest.

--- Later in debate ---

[Mr Vara]

The shadow Minister’s tone suggests that he agrees with much of the Bill—that is welcome—but how does he explain the fact that while the number of accidents is going down enormously, the number of whiplash claims has nevertheless increased by 50%? Does that have something to do with fraud?

[Richard Burgon]

The number of whiplash claims in recent years has reduced—[Interruption.] In recent years it has. I should also point out that there is a duty upon insurers to defend claims and not to pay out when claims are fraudulent.

Draft Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

Debate between Shailesh Vara and Richard Burgon

Thursday 7th July 2016 General Committees

[Mr Vara]

I repeat to the hon. Gentleman that where it is necessary for cases to go to the tribunal, people can recover their costs if they win.

[Richard Burgon]

On the subject of lawyers, which my hon. Friend the Member for Bassetlaw mentioned, I have been thinking about what the Minister said earlier. He said that to say that fees were about treating courts as a profit centre showed—I think these were his words, as Hansard will show—“a complete misunderstanding” of the court system. If I remember correctly, the quote to which he was responding was from the Law Society. Is he saying that the Law Society has a complete misunderstanding of the court system?

[Mr Vara]

There are various stakeholders involved in this debate and there are a variety of views. I disagree with the views that have been put forward, and that is why these fees are being introduced. I simply say as far as fees are concerned—this applies to employment tribunal fees as well as all the other fees that are relevant to the order—that a remission process exists. Subject to meeting the right criteria, people can apply for remission of the fees.

The Government estimate that the measures in the order will generate about £6 million per annum in additional income, with every pound that is collected being spent on providing an efficient and effective courts and tribunals system. The purpose of these reforms is to increase fee income and so reduce the costs of the courts to the taxpayer, and to ensure that access to justice and to the Courts and Tribunals Service is protected. I commend the draft order to the Committee.

Question put.