Court Closures and Reform

Tanmanjeet Singh Dhesi Excerpts

Tuesday 27th March 2018 Westminster Hall

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I beg to move,

That this House has considered court closures and reform.

It is a pleasure to serve under your chairmanship, Mr Gray. I am very pleased to have secured this debate on an extremely important topic that is long overdue for discussion.

The justice system is to undergo a radical programme of modernisation. The Minister will no doubt tell us about the potential for information and communications technology to deliver efficient and improved justice. However, against a backdrop of 40% cuts to the Department’s budget since 2010—the most of any Department—there is serious concern that this will be done without the proper safeguards to prevent our justice system from being undermined, and that it will therefore lead to reputational damage.

In January, the Government announced a consultation on the future estates strategy for the Courts and Tribunals Service, with a focus on ensuring access to justice. Separate to that are five consultations on proposals to close a further eight courts: the Banbury magistrates and county court and Maidenhead magistrates court, which will have a direct impact on my Slough constituents; the Cambridge magistrates court; the Chorley magistrates court and the Fleetwood magistrates court; Northallerton magistrates court; and Wandsworth county court and Blackfriars Crown court. Given how many courts the Government have closed in recent years—258 since 2010—there seems little doubt about what conclusion will be reached. Are the consultations not simply a smokescreen for yet more court closures and staff losses?

Capacity should not be the only criterion used to determine court closures. Geographical coverage and the representation of the justice system throughout our country are also important. As I will set out, there remain genuine concerns and a serious lack of detail to the Government’s plan to use technology in the court system, to reduce the court estate and to change the role of case officers. There could be no better response from the Minister today than an announcement that the Government are finally publishing the draft courts Bill. I hope she will give the date for that, as only then can the reforms be subjected to full scrutiny.

Thousands of court staff have been axed in recent years—more than 5,000 since 2010. That is an incredible number; however, the consultation is silent on the impact that further closures will have on staff. Indeed, they are merely called “other impacted groups”. On top of that substantial loss of expertise and experience, the closure of the eight courts would displace more than 130 staff. Does the Minister agree that court staff should be properly included in consultations?

Against this background of funding cuts, court closures and loss of staff and their expertise, outsourcing and temporary staff costs have rocketed. Figures obtained by the Opposition show the cost of the Government’s obsession with outsourcing, privatisation and the use of agency work. The Courts and Tribunals Service spent some £50 million last year on agency and contract staff—a tenfold rise since 2010.

The Government claim that these closures are part of a £1 billion modernisation of the courts service through better use of technology. Where is the evidence to justify the push for a digital courts programme? The Government should publish the business case for their modernisation programme so that the risks of a move to online and virtual justice can be fully examined.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I speak as the co-chair of the justice unions cross-party group. Does the hon. Gentleman share my fears that we have not yet had an effective evaluation of the impact of digital technology on justice and on whether court proceedings carry on? That should be done as a matter of urgency before the Government introduce yet further digital technology into the court system.

[Mr Dhesi]

I thank the hon. Lady for her pertinent point and fully concur, as I will elaborate.

Virtual courts may significantly increase the number of unrepresented defendants, discriminate against vulnerable defendants or those who do not speak English well, and negatively affect the relationship between defence lawyers and their clients. There are already concerns about video equipment that is in use, including technology failure, poor sound quality and mismatches of sound and image.

In my constituency, I have a large volume of immigration cases. Reports of video links between the Taylor House tribunal hearing centre and Gatwick detention centre breaking down are frequent, as are complaints about the poor sound quality. I am told that users must shout to be heard. That has been unresolved for many years. Likewise, there are concerns about the difficulty of holding confidential discussions where there is inadequate soundproofing. The Bar Council stated last month that

“virtual hearings diminish the ability of parties to follow proceedings and to understand each other. This inevitably will have serious consequences on the quality of justice as it is done and as it is seen to be done.”

Given the current situation, what plans are in place to guarantee that legal advice discussions between clients and lawyers remain confidential when held over video link? In the rush to digitalisation, where is the evidence, rather than the mere assumption, that there will be a reduced need for court buildings in the near future? After all, the Courts and Tribunals Service has recently confirmed that virtual hearings will not be imposed where participants do not wish it, so it is likely that physical hearings will be the norm for some time to come. Has that been a factor in any of the consultations?

I would also like to discuss travel times to court, which will be a significant issue if the courts estate shrinks further. Longer journeys will have a negative impact on the delivery of justice. As the Chair of the Select Committee on Justice, the hon. Member for Bromley and Chislehurst (Robert Neill), wrote recently to the Minister:

“No convincing policy justification has been offered for the current proposal, which appears to favour the principle of value for money over the principle of access to justice.”

[Liz Saville Roberts]

I represent Dwyfor Meirionnydd. Dolgellau, the last magistrates court in my constituency, was closed in the last round. It is now impossible to arrive at either Aberystwyth or Caernarfon, the alternative courts, from Meirionnydd by 9.30 am. Does the hon. Gentleman agree that given the situation in rural constituencies, this discriminatory approach needs to be evaluated thoroughly before we move to further changes?

[Mr Dhesi]

The hon. Lady speaks with a great deal of experience. Indeed, while this will impact everybody in our country, the impact on rural communities will be disproportionately higher.

Does the Minister agree with the Chair of the Justice Committee’s remarks? Our constituents must not be discouraged from seeking justice, and witnesses must not be put off giving evidence. Is the Minister not concerned that court closures will make it less likely that victims and witnesses will travel to courts to give evidence? The equality analysis accompanying the consultations makes no mention of the indirectly discriminatory impact of lengthy round trips on elderly people or women, who are more likely to be caring for pre-school and/or school-age children.

There are relevant points of fact on travel time that consultations neglect to take into account. The consultations assume that a court user is on time if they are there at the time when the hearing is due to start, rather than in advance, when negotiations may take place or further instructions may be given. The Minister will be aware that in a public law children’s hearing, it is a requirement that all parties attend court an hour before the hearing. Will she ensure that such factors are considered when travel time is assessed?

What assessment has been made of access to justice if court users are required to pay for overnight accommodation, leave home in the early hours or return home late at night?

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Gentleman on securing the debate. On the issue of accessibility, a few colleagues fought an ultimately successful campaign to retain the courthouse in Limavady, a small town in my constituency. The lack of public transport accessibility to the alternative locations that would have been available was a crucial factor in retaining it. Does the hon. Gentleman agree that that should apply across the UK?

[Mr Dhesi]

The hon. Gentleman makes an excellent point. That situation has been replicated in other parts of the country, as the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) said in her intervention. All those issues need to be taken into account, especially when dealing with the more vulnerable in our community.

What assessment has been made of access to justice if court users are required to pay for overnight accommodation? Two or three-hour increases in travel time before and after a full day’s hearing, let alone post-hearing conferences, would be onerous—if not impossible—for many constituents.

In my region, the Thames valley, Maidenhead magistrates court and Banbury magistrates and county court are under consideration for sell-off. It is assumed that the workload would be redistributed to other magistrates and family courts in the region, including the small magistrates court in my constituency. According to the Government’s proposals for those three courts, people living in the areas affected by the court closures would be within an acceptable travelling distance of the court that the work was transferred to.

My constituents who rely on public transport will face a significantly longer journey if Maidenhead cases are redistributed to Reading. They will not find that acceptable. It should be noted that Reading has already received the workload from the closure of the West Berkshire magistrates court in Newbury in 2016. Instead of the 20-minute, seven-mile journey between Slough and Maidenhead, people will face a 20-mile journey to Reading or journey times of about one hour to High Wycombe or Staines.

Unsurprisingly, longer journeys also cost significantly more. An off-peak return journey by train between Slough and Maidenhead is £3.90. Between Slough and Reading it is £9.30. During peak times, the Maidenhead journey is £4.40 compared with £10.60 to get to Reading. Whatever the time of day, it is more than double, yet in the Government’s proposal there is no mention—not even one word—of addressing the financial cost to individuals travelling further.

The extra costs will be borne by victims, their support network, witnesses and others. How can the Government claim to have truly assessed the impact of possible closures on court and tribunal users when transport prices have not been considered? It goes without saying that such information is factual, freely available and easily found. There is no excuse for it to be overlooked.

It is not only Opposition Members who are concerned about the lack of information in the Government’s plans. The Minister will know that Cambridge magistrates court, which was purpose-built less than 10 years ago and which serves her constituents, is earmarked for closure. Has she had sight of a letter from the hon. Member for South Cambridgeshire (Heidi Allen) that calls the plans “ambiguous” and “lacking in detail”? Does she disagree with her hon. Friend?

Much more could be said about the use of technology in the court system, the ongoing reduction in the court estate and planned changes in the role of case officers, and about the Law Society’s warning of substantial additional costs for legal aid firms and the impact on police resources and on other organisations that use the courts. Will the Minister address the lack of clarity in the consultations and confirm that more of the necessary research into the digitalisation of court services will be carried out?

While the “Fit for the future” consultation takes place, and until the courts Bill is published, further court closures and digitalisation contracts should be halted. It is time for the reforms to be subjected to full parliamentary scrutiny. I hope the Minister will be able to give us information about the scope of the promised courts Bill and, better still, to answer the fundamental question: when will the Government publish it?

--- Later in debate ---

[Mr Dhesi]

Again, I am grateful for having secured this important debate, and I am grateful to all hon. Members who contributed to it. Many talked about the effect on their constituencies. The hon. Member for Henley (John Howell) talked about the use of technology in hearings and about alternative dispute resolutions. My hon. Friend the Member for Cambridge (Daniel Zeichner) spoke persuasively about the impact of the court closure in Cambridge, and about how local justice, which dates back centuries and for which we in this country are famed, will no longer be available if the court is closed.

I thank the hon. Members for Moray (Douglas Ross) and for Strangford (Jim Shannon) for their kind support. They spoke passionately about the impact that this is already having on Scotland and Northern Ireland. We need to be careful, because the closure of banks, which the hon. Member for Strangford mentioned, and courts is ripping the heart out of local communities. My hon. Friends the Members for Bedford (Mohammad Yasin) and for Bolton South East (Yasmin Qureshi) spoke passionately about the impact in their communities. My hon. Friend the Member for Bolton South East called for a halt to the sell-off until the courts Bill is published.

Nobody would argue against reform, but it must be done in a holistic and sympathetic manner. The Minister referred to Maidenhead, but it is not merely about costs and savings—

Motion lapsed (Standing Order No. 10(6)).