Publication of Claimant Data in County Court Judgments

Yvonne Fovargue Excerpts

Wednesday 14th June 2023 Westminster Hall

[Yvonne Fovargue (in the Chair)]

I will call Janet Daby to move the motion and then call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention in 30-minute debates.

[Janet Daby (Lewisham East) (Lab)]

I beg to move,

That this House has considered the publication of claimant data in county court judgments.

I begin by informing the House that one of my first jobs as a young person, before attending university, was at the Mayor’s and City of London county court, as an administrative officer. During that time I handled many thousands of claims, so I bring some knowledge and experience to today’s debate.

Turning to the debate, I want to make it clear how easy the solution to this problem can be. My ask is simple and straightforward: will the Minister agree to rectifying an omission in the Register of Judgments, Orders and Fines Regulations 2005, so that claimant data is published? I am not asking the Government for funding, and there is no need for primary legislation. Instead, the issue I am raising today requires only a small adjustment, which will have a big impact, thereby underpinning the principles of justice, which are rightly celebrated in our country, tackling inequalities that are too often shouldered by those who have the least, and saving resources in our already stretched justice system.

Human Rights Legislation Reform

Yvonne Fovargue Excerpts

Monday 24th October 2022 Westminster Hall

[Jon Cruddas]

I will come to that when I mention different approaches to economic and social rights, which should be the cornerstone of an alternative approach to a new Bill of Rights in the UK. That goes with the grain of what is happening in Scotland, in contrast to the objectives of the present Government in Westminster. To put it charitably, the Government are a total shambles, and even compared to early September, the possibility of a Labour Government is more likely. It would be useful to find out what Labour’s approach is to reform of the HRA, for instance, whether it would seek to defend the present Act or offer its own alternative Bill of Rights.

The Conservative reform of human rights, which will reappear, cannot be discussed without acknowledging the international context in which it occurs. When set against an international backdrop of war and escalating authoritarianism, the proposed human rights reform suggests a country withdrawing from our international obligations and democratic oversight, both abroad and at home. That is not an accident. The Government have stated a wish to comply with the human rights convention, but they would also seek to mandate our judges to disregard some of its most basic principles and protections. Those include the so-called positive obligations on public bodies to investigate crime and wrongdoing. These are precisely the methods that produced remedies for the victims of the black cab rapist, John Worboys, alongside a range of other cases providing justice for victims—most famously through the Hillsborough inquiry—and a series of cases of justice for soldiers, including the case at Deepcut.

The reform would likely see more cases going to Strasbourg, not less, and would once again expand the power of the Executive, which would be more free to rule by regulation and restrict the interpretive power of the courts. When Europe and the world are crying out for international leadership and solidarity, our Government appear to be running in the opposite direction. We might assume that it is was only the likes of Russia, Poland and Hungary that cynically remained in treaties, such as the human rights convention, while corroding them from within. What I find truly extraordinary is to think that in 2023, the 75th anniversary of the universal declaration of human rights—partly crafted by British lawyers—the Government planned to axe the Human Rights Act, the direct descendant of that convention, which sought to unite countries after fascism, authoritarianism and genocide.

Winston Churchill would arguably be turning in his grave. In his opening speech to the Congress of Europe in May 1948, Churchill said that the new Europe must be

“a positive force, deriving its strength from our sense of common spiritual values. It is a dynamic expression of democratic faith based upon moral conceptions and inspired by a sense of mission. In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.”

That statement, 75 years on, has a contemporary feel to it, as authoritarianism and fascism are once again on the march, threatening the foundations of liberal democracy.

While I am glad to see that the legislation has been withdrawn, it comes with one downside. The Government’s withdrawn attempt to deny rights to the British people, wrapped up in the almost Orwellian language of a new Bill of Rights, did offer opportunities for opponents to build a coalition around an alternative, rather than simply defend the status quo. It would be a radical new Bill of Rights that builds on the Human Rights Act rather than dismantles it, and one that might echo themes from Franklin D. Roosevelt’s vision of a second Bill of Rights in 1944, which informed the universal declaration of human rights.

Such an alternative Bill of Rights might include the right to work, to free education, to access to public health, to housing, to security for all and to freedom from fear. If Labour rethinks its whole approach to modern citizenship, I like to think that could be part of a radical levelling-up agenda. It would be a new democratic and economic covenant between the state and its citizens, one that is aligned with Administrations in Scotland and Wales, which are also seeking to build such an agenda. It would not only honour the Good Friday agreement’s commitment to the human rights convention, but would be in keeping with the long-term quest for a Bill of Rights in Northern Ireland. That offers a different type of radicalism to that of the Queen’s Speech, and the ditched attempts to attack our human rights, alongside the desire to consolidate power within the Executive and strip away access to justice.

In conclusion, my basic point is a simple one: the last Queen’s Speech was no damp squib. Reform of the Human Rights Act is a big deal that should be challenged. Thinking that there is little to see here concedes too much ground, and reinforces the political groupthink that underplays the radical character of this Government and their potential to isolate us, diminish our international standings, consolidate long-term economic weaknesses and enduring patterns of inequality, and hand over even greater powers to the Executive. There is plenty to see here. It deserves a radical alternative. The Human Rights Act, as it currently exists, protects all of us; we lose it at our peril. It is essential that we are allowed to challenge public authorities when they get it wrong. The Human Rights Act has changed many lives for the better. It must be protected and built on, and not subject to reforms that reduce its scope and limit what people can rely on it for. This debate will endure. That is why the petition before us retains its significance and should be warmly welcomed.

[Yvonne Fovargue (in the Chair)]

I do not wish to impose a time limit at the moment, but I will call the SNP spokesperson at around 7 pm.

--- Later in debate ---

On resuming—

[Yvonne Fovargue (in the Chair)]

The debate may now continue until 7.53 pm. I call Andy Slaughter.

[Andy Slaughter]

Thank you, Ms Fovargue. That welcome respite from my speech gives me a hint not to go on too long.

Before we were interrupted by the bell, I was saying that reforming human rights legislation should not be a priority for the Government. Having had time to study his brief, the Minister knows—perhaps he will even still be in post tomorrow; who knows?—that the criminal and civil courts face some of their worst backlogs. There is a real crisis of confidence in the justice system. There is also real crisis in accessing justice, and particularly in legal aid, as the Government concede to some extent in the reviews they have undertaken—or, in the case of the civil legal aid review, are undertaking. There is more than enough for the Minister and his colleagues to do without looking for work and interfering with legislation that is working well.

In a way, the Government are in a favourable position. They have an excuse to move on and quietly forget the bee in the bonnet of the right hon. Member for Esher and Walton. If they wish to follow the lead of the Chair of the Justice Committee and look at the matter again, they have a really fine report by Sir Peter Gross and his colleagues. They do not really need to go any further than that. I will not go through this in depth—I do not see any point in doing so until we know what the Government are bringing forward—but it made me weep to see the way that the Human Rights Act was being misconstrued, whether in relation to parliamentary sovereignty or in relation to the margin of appreciation. The proposed reforms, particularly to sections 2 and 3 of the Act, really distorted both the purpose and the effect of the Act.

Constitutional legislation is a very difficult thing to get right, but the Act was thought to be a success, and it effectively made the conduct of justice easy, because it brought human rights down to domestic level. It gave direct access to the UK courts, and it meant that justice was obtainable at lower cost, more speedily and in a more relevant way. The Government have said they will not take us out of the European convention on human rights, and that we will still be subject to the judgments of the European Court, so the only change will be that it the process will be much more protracted. How can that be in the interests of justice, or the interests of the citizen?

As my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, this is not about lawyers or high-falutin’ principles; it is about the ability of citizens to challenge the state and institutions on important areas of law, and regarding decisions that fundamentally affect their everyday lives, when they get things wrong. What is obnoxious about that? That is the role that the Human Rights Act performed; that is the role it continues to perform, with or without the sort of amendments that we have talked about today. To repeal it, as an act of political bravado, is simply irresponsible and I urge the Minister away from that course.

I like to think that we will hear a little bit more from the Minister. I am not hopeful because the Secretary of State has already said that he will take his time, but I hope that we will hear at least a little bit about the direction of travel and where the Government think we should be going on this issue. That would be a helpful outcome of this debate. The almost 250,000 people who have urged caution on him would be pleased to hear that that message is being heeded in the Ministry of Justice.

Reopening Local Police Stations

Yvonne Fovargue Excerpts

Wednesday 27th October 2021 Westminster Hall

[Yvonne Fovargue (in the Chair)]

Before we begin, I encourage Members to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if they are coming on to the parliamentary Estate. That can be done either at the testing centre in the House or at home. Please give each other and members of staff space when seated and when entering and leaving the Room.

[Richard Drax (South Dorset) (Con)]

I beg to move,

That this House has considered reopening local police stations.

It is a pleasure to serve under your chairmanship, which I have not done before, Ms Fovargue, and to be here and see human beings around us. I have spent the last year and a half wondering what people are wearing below the television picture, rather than focusing on the screen. Human interaction is back, which is a good thing. It is also a great pleasure to see in his place my right hon. Friend and colleague the Minister for Crime and Policing, who has been immensely helpful to me and to all of us in Dorset on all policing matters, for which I am extremely grateful.

I am here to discuss something that I have wanted to get off my chest: my long-standing feeling that police station closures are the wrong direction of travel. I am an old-fashioned sort. I am not a luddite—where change is necessary, change is necessary—but I do not like the idea of changing the wheel when it does not need changing. I hope that my speech will demonstrate that, on this topic, the wheel has been unnecessarily turned too far. This has been on my mind for a long time, and I am delighted and grateful to be able to share my thoughts with colleagues.

As a soldier, during three tours in Northern Ireland between 1978 and 1987, I saw the overwhelming benefits of what we call human intelligence. In Belfast, Armagh and Strabane, the information was provided mainly by the simple yet devastatingly effective method of patrolling our streets, in rain and sun, day and night, and reassuring, observing, listening and talking to those we met. The mass of information that we gleaned was carefully built up piece by piece, helping to thwart the terrorists and to reassure the public. Although we were soldiers, I am confident that any police officer today would recognise that the role we played was, for the most part, similar to theirs.

For almost 200 years, bobbies on the beat, from Peelers to “Dixon of Dock Green”— my favourite programme at the time—have been a presence on our streets, policing by consent and living and working among us. They lived locally, often in police houses or stations, so they soon gained specialist knowledge of their area and of the bad eggs in it. Like our patrols in Northern Ireland, that intimate knowledge of their patch deterred criminals and reassured and protected the community.

I am tempted to say that those were the good old days—hence the “old-fashioned sort” remark. That pattern of policing ensured the public’s respect, which enabled officers to do their work effectively. Anyone my age remembers the days when a local bobby was in a position to identify a troublemaker in their early years, often staving off more serious offences later. Out on the beat, their physical presence deterred the criminals. The police station itself was a focal point for the community—a base from which patrols went out and to which concerned citizens went. Let us not forget that citizens are frequently required to report to the local police station for one reason or another, and that job has been made far harder by all the closures.

Regrettably, that past—some would say luddite—scenario no longer prevails. At least half of all police stations in England have closed over the past 10 years. Strangely, the numbers are not precise, but a number of freedom of information requests submitted to individual police forces by news organisations paint a worrying picture. The Times estimated in 2018 that 600 police stations had closed since 2010. A Daily Mail report in February 2021 estimated that the number lost was 667. I do not normally quote Opposition spokespeople, but I will today: the shadow Policing Minister, the hon. Member for Sheffield, Heeley (Louise Haigh), said in a debate on rural crime in 2019 that 400 stations in England had closed, with the number of police counters open to the public falling from 900 in 2010 to 500 in 2019. The Commons Library estimates that there has been a total loss of between 600 and 700 police stations over the last 10 years.

I will be grateful if my right hon. Friend provides an answer to this specific question today. As I understand it, none of the numbers is centrally held by the Home Office. Perhaps that is because individual police forces are responsible for the number and location of police stations in their area, and police chiefs have operational independence in making such decisions. Does my right hon. Friend think the Home Office ought to have better understanding or knowledge of what is going on in the 43 police areas? Any FOI requests are addressed to police forces and responses are mixed or partial, particularly where there is an element of commercial sensitivity, which means that buildings have been sold off, often controversially, for development. While the Home Office can and does publicly regret the closure of various stations, Ministers have no power to retain or reopen them; nor do they publish impact assessments relating to police office closures. Does this situation need closer scrutiny?

My hon. Friend the Member for Dudley North (Marco Longhi) highlighted station closures in the west midlands in 2020, saying that his local police force was spending more than £30 million on refurbishing plush offices at its headquarters at Lloyd House in Birmingham. He added that police stations at Dudley and Sedgley had closed, despite the former being a major metropolitan town. In the last few years, others, including my hon. Friends the Members for Kensington (Felicity Buchan), for Solihull (Julian Knight), for West Aberdeenshire and Kincardine (Andrew Bowie), and for Rother Valley (Alexander Stafford), Members representing Merseyside, and the hon. Members for Leyton and Wanstead (John Cryer) and for Coventry North East (Colleen Fletcher), have repeatedly asked questions in the House about crime and reopening police stations in their constituencies.

Regrettably and inexorably, closures have rolled on, with some areas worse affected than others. For example, an FOI request in 2018 showed that 24 police stations in South Yorkshire closed between 2010 and 2018, and a similar request to the Metropolitan police this year revealed that 71 police stations in London have closed since 2010.

[Richard Drax]

I think the Mayor of London should be backing any campaign that my hon. Friend pushes forward, and I am sure that our right hon. Friend the Minister is listening very closely to him. Yes, of course, that closure should be reconsidered. Wimbledon is a very large area I can see major disadvantages from being without a police station, particularly for people who have been used to having a police station there for all the years that it has been there. So, yes, my hon. Friend is absolutely right and I totally support his request.

To continue focusing on the Metropolitan police, Members may recall that I said that 71 police stations in London had closed since 2010. Concern in the capital is such that Shaun Bailey, the Conservative mayoral candidate, pledged to reopen 38 police stations in London if he was elected. Regrettably, as we know, he was not.

Since the last lockdown, private security companies are reporting a 50% increase in neighbourhood watch groups and residence associations willing to pay for properly equipped patrols in areas such as Richmond Green, Chelsea, Cobham, Woodford Green, Mayfair and Knightsbridge. Uniformed patrols cover areas of up to three square miles or less at a cost of approximately £20 an hour. Unsurprisingly, they are proving extremely effective. Their success reminds me of the crime fighting revolution in New York in the 1990s. Broken windows, graffiti and disorder were seen as indicators of serious crime to come, but this was prevented by the simple expedient of more visible officers and zero tolerance.

On graffiti, I do not know whether other Members have noticed this, but I come into London off the A316, and before I get to the big Earl’s Court junction with the Tesco on the left, all the bridges and a huge advertising hoarding—normally showing films—are smothered in graffiti. Why has that not been removed? Why has no one gone out there and cleaned that up? If the people who did it come back and do it again, they should be arrested and charged. This is a little thing, but little things lead to big things. The first thing that any visitor coming in from Heathrow sees is graffiti all over the main road into the heart of London. Great! Come to graffiti-ridden Great Britain. Our railway lines and bridges are the same—everywhere you go, there is graffiti. What on earth are we doing to stop this? I am just gobsmacked.

The lessons learnt in New York are clear, I believe: regular visible foot patrols deter would-be offenders, or at least encourage them to go elsewhere. Whilst I would not want to push crime into another area, the solution for other areas is to do exactly the same as the first area has done to reduce crime. Critics argue that private security companies in London are a slippery slope towards privatising safety on our streets. Not surprisingly, most residents and business owners disagree entirely and instead welcome the decline in the crime and antisocial behaviour that sadly grew during the pandemic. Tellingly, one of the most successful of these organisations is called—wait for it— My Local Bobby. I think that speaks for itself.

Without doubt, all the closures are due more to straitened finances than to good operational decision making. To be fair to the Government, I am not here to attack my good friend the Policing Minister. We had to make tough decisions following the recession, and sadly the police took the brunt of the cuts. My aim today is to emphasise how important it is that we reopen police stations and get policemen and women back on the streets as fast as we can. Too many of my constituents and too many of the people I speak to do not see police officers unless they whizz past in a car. That is no good—that is hopeless. It is a necessary back-up, of course, but you cannot talk to somebody doing 30, 40, 50 or 60mph.

The Public Accounts Committee agree that it is a financial thing, saying in 2018 that forces were

“selling off more of their assets to try and raise some funds for capital investment and increasingly drawing on their reserves.”

Decreasing use of police counters, or footfall, was another factor. Statistics were not on the side of retention either: for example, the Mayor’s Office found evidence that between 2006 and 2016, in-person crime reporting fell from 22% to 8%. My personal comment to that, and I have a lot of anecdotal evidence, is that people are losing faith in reporting crimes to the police for fear that nothing will be done; it will just be a number. These statistics were used to justify the introduction of digital crime reporting services. They certainly have their place—of course they do; I am not a luddite to that extreme—but officers cannot patrol digitally, at least not to my knowledge. That is the advantage of having a building to patrol from. I also fear that many people have given up on reporting crime, and I have a lot of anecdotal evidence on that. Many constituents say, “We just don’t bother, Richard. Nothing is going to happen.” That is not a personal attack on the police. They are pushed, and I have nothing but praise for the Dorset police.

Other consultations show that people prefer to report non-urgent crime online. In my view, that sits uncomfortably with further anecdotal evidence that victims of property crime in particular can wait for days to see an officer post-burglary, and feel that their concerns are dismissed. I recall the impact of one burglary. Many years ago, when I worked for the BBC, I went to report on an elderly lady who had had all of her husband’s valuables stolen. He was a solider in the second world war and she had trinkets, medals—all the things we hold dear. They were stolen, and she died a week later. I have been burgled. My daughter has been burgled. A friend of mine was attacked in his home. I know the impact of burglary; I know what it is like. We need to have the resources to prevent it from happening, because the impact on everyone, from any background, is appalling. If your personal space, your home, is invaded, it scars you; it can even kill you. I am also not convinced that consultations are the right answer. I have been an MP for 11 years, and I have heard the word “consultation” more times than I care to remember. My humble opinion on consultations, I am afraid, is that they are usually a case of, “The decision has been made. We’d better do this just to keep people happy.”

Lord Justice Lindblom, for example, overturned the decision to close Wimbledon police station in July 2018 after the victim of a violent burglary argued that the police would not have reached him in time had the station been closed. How interesting that my hon. Friend the Member for Wimbledon (Stephen Hammond) mentioned that very police station; clearly, the battle continues.

There are also practicalities that may have been overlooked in the decisions to close police stations. Not all are physical or quantifiable, but they matter none the less, and all play a part in making a community feel safe. John Apter, national chair of the Police Federation of England and Wales, who represents 100,000 rank-and-file police officers, made exactly this point in 2018, telling The Times:

“Police stations in town centres provide a visible reassurance. One has to question the decision to withdraw visible policing from the streets.”

In 2018, Chief Constable Dave Thompson wrote in the National Police Chief Council blog:

“Budget cuts and a hands-off government approach to aspects of policing have meant hard choices for chief constables with consequences for the public and our people. The public’s experience is policing that is less visible, less responsive and less proactive.”

Closed custody suites have not helped either, making questioning and charging more difficult for both suspects and officers. Although digital information, CCTV and drones provide useful data, they can never tell the whole story, as I hope my Northern Ireland analogy explained. Frankly, one can combat CCTV and drones by simply putting on a balaclava, which, sadly, far too many people do.

I have always wondered—I ask my right hon. Friend and colleague the Minister to comment on this—why we do not make it illegal for people attending rallies to intentionally hide their faces. I know that there is a thin line, and it may be due to cold weather, but it is very difficult for a police officer to judge if a person is hiding their face or if it is just cold. However, I think we all know that if we see a person clad in a black mask with eyeholes, it is not because it is a cold day. They do it for two reasons: to frighten and intimidate, and to hide their identity.

None the less, as I understand it, future operational planning and the Government’s beating crime plan will offer an arm’s length, national online platform at Police.uk, where citizens can access

“a range of interactive police services in one coordinated place”.

Of course, that will not reach the elderly, the vulnerable and those without access to digital technology. I am not knocking this. I am sure it has a place, as all these things do. I am just emphasising again and again the significance of the police station manned day and night by officers who patrol on foot, backed up by those in cars, to deter crime and protect us.

Data from my constituency in Dorset shows that we lost 10 inquiry offices between 2011 and 2015. Those closures were attributed to financial pressures, lack of footfall, and consultation, and I have heard lack of footfall used frequently as a reason in the past. Certainly under David Cameron’s coalition Government I heard it said that no one wants to go to a station any more, but that is not the point. I personally do not care if not a soul goes to the police station. What I care about is that police officers come out and patrol the streets day and night, so that if one young woman is chased through the streets by some nutter, she—or a child, a man, a boy—has somewhere to go to find safety.

Six Dorset police stations have been sold since 2013—again, I am told, due to financial pressures and the consequential change to the way the police have had to operate. We are now left with seven stations and a drop-in hub. Dorset, as I am sure everyone knows, is a huge county. The situation has been inherited by our new chief constable, Scott Chilton, and police and crime commissioner David Sidwick, both of whom I warmly welcome to post and for whom I have huge respect. From what I have heard, they are very sympathetic to my way of thinking. They want police back on the beat, but, as there is everywhere, there is a clamour for resources.

The good news, for which I thank my right hon. Friend the Policing Minister, is that, at 1,326, police officer numbers in Dorset are at their highest level since March 2013, and will increase further by 90 to 100 officers in the next two years, boosted by an annual head count of about 90 police community support officers. We are very grateful for the extra officers we campaigned hard for, so I thank him very much indeed.

Dorset’s population is projected to rise by 4.3% a year, although the recent exodus from cities during the pandemic will not be factored in for some time, so that figure will inevitably rise. I have worked with many officers from Dorset Police, for whom, as I have said, I have huge respect. They are an absolutely dedicated, professional bunch of men and women who do their duty in appalling circumstances and sometimes at great risk to themselves. I have nothing but huge respect for them all. They are more aware than ever of showing a public face and appreciate that we have got to get to the more remote parts. It is of paramount importance, so both the chief constable and the new PCC are on board with that, which is great. Current plans to maximise time in the community include potentially locating mobile police stations in rural areas, and placing neighbourhood policing teams in shared community hubs—both thought to present a less formal face to the public.

On the formal face of the police, the police force are not social services. It is not a police service, but a police force. Their job is to catch criminals, lock them up and protect you, me and our families. That is their job, so I would think that a formal face, a formal uniform and a formal police station give reassurance. It is like seeing a formal soldier or a formal nurse. Nurses do not come dressed in jeans and a T-shirt; they come dressed in a nurse’s outfit, as would a doctor or a soldier. You would think, “Hm, yes.” Why should the police not be equally formal? Of course, they should be friendly and interact with the community, but that will get better if they mix more with the community, and a police station will allow them to do that.

There is a general conviction that technology will help forces to deploy more officers more effectively. Helpful though technology is, I am not convinced that it will result in bobbies on the beat, especially at night, when all too often the criminals come out to do their foul work. Violence against women and girls is now rightly at the top of the national police agenda. Sarah Everard’s tragic killing has unleashed an understandable torrent of emotion from women and girls, who report feeling unsafe on our streets, particularly at night.

Formerly, the presence of a police station, or at least an enquiry encounter in most neighbourhoods, provided some reassurance that there was a safe place to take refuge. That no longer exists in most areas. Now, until better arrangements are made, I understand that women and girls are being offered an app—yes, an app—on a mobile phone, to walk them home after work, school or college or an evening out. Yes, of course technology has a place, but an app will not prevent someone from being attacked or chased. There needs to be a physical building, with physical men and women in it, for protection, and there are too few of them left. I believe that the app, although well meant, is inadequate for the intended purpose, and will never replace the reassurance of a police station.

I welcome Dorset Police’s recent initiatives to identify and deter sexual offenders preying on vulnerable people enjoying a night out, and to introduce safer public spaces in popular night spots for women and girls in particular. That is very good news. StreetSafe, where unsafe or uncomfortable public places can be anonymously reported online, is a valuable addition. I also welcome Dorset’s independent review of local criminal justice response to rape and serious sexual offences.

Finally, we must not forget that police officers now operate in more difficult conditions. We see that every day, whether in the capital, Bristol or even in Dorset. Those brave men and women are facing very challenging times. Violent crime and terrorism have increased the risks they run, along with the general loss of deference in society. The forcefield that once protected them has sadly long gone.

For operational and security reasons it is increasingly rare to see a single officer patrolling a neighbourhood on foot. Understandably, after threats against their homes and families, many prefer to live anonymously, away from the areas they patrol and serve. I believe that their fundamental role, visible and on our streets, has not changed, nor must it ever. To do that effectively, officers need a base to operate from where they can stay warm, write up their reports, take people back to put into cells, and do all the things the police are meant to do.

I get the point that has been repeatedly made to me that a police officer’s job has changed to a huge degree, now dealing with online abuse and theft. The online world has introduced a raft of new areas for policing, which is without doubt taking officers off the beat. All I would say to the Minister for Crime and Policing is that we need more police on the street. We cannot lose the streets to the criminals, because that effective relationship between the citizen and the officer will otherwise be lost.

Police stations may be viewed as old-fashioned and expensive, but they are invaluable, giving officers more control of their area of responsibility and the public the reassurance they seek. Police officers do their job with our consent. Break the link between us and them and the divide will continue to grow. Police stations are not an anachronism; they must be the future.

[Yvonne Fovargue (in the Chair)]

I will call the Front-Bench spokesperson at 3.38, so please be cognisant of that when speaking.

--- Later in debate ---

[Richard Drax]

I am most grateful to my right hon. Friend. As I said at the start of my speech, I have nothing but praise for him, his Department and Dorset police—all of whom do a wonderful job. From Dorset’s perspective, I am concerned by the rationalisation or the centralisation where there is a temptation to have large centres that are manned and out of which officers and others go. My concern is that it detaches the officer from the area that they have to police.

As my right hon. Friend knows, Dorset is a huge county with a huge police requirement in Bournemouth, Christchurch and Poole to the east, as well as in the west in Weymouth. There are thousands of acres in Dorset where we hardly see a policeman through no fault of theirs, but they do not have the resources. I hope that the rationalisation does not go as far as saying that to do that effectively, we only have one police station in, say, Bournemouth, Christchurch and Poole, rather than three or four well-positioned modern police stations. I understand that they cannot have old buildings, and nor do we want two police stations on top of each other.

To return to the point I have just made, a police station houses police officers. While I quite accept the example that my right hon. Friend gave, what if there were four officers manning that police station 24 hours a day? One of the common complaints from officers—I am sure this is true of officers across the country, too—is that when they arrest someone, they are off the streets: they go in the van and disappear. If they are dealing with a rowdy night in Weymouth—and there are a few of those—that means two or three officers gone, leaving their colleagues exposed. But if they could go back and hand those they have arrested over to the four officers at the local station, where there is a custody suite, they could then get straight back on the streets and do their job, which fulfils all requirements.

To end, I reiterate that I am grateful to my right hon. Friend. I know that he is absolutely in line with us and joined at the hip. I also know that he is restricted due to a lack of funds. That is an issue—I get that—and I know that he will continue to fight for more funds. I hope that I have not given the old-fashioned luddite view of policing. I did not mean that in the sense that the hon. Member for Croydon Central (Sarah Jones) interpreted. What I meant was that we need officers on the beat who are visible to the public to reassure them, catch criminals and deter crime—

[Yvonne Fovargue (in the Chair)]

Order.

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

Oral Answers to Questions

Yvonne Fovargue Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Robert Buckland]

My hon. Friend will understand that it is very important that proper calculations are made about prison capacity and that we do not end up in a position like that under the last Labour Government when we were having to use police cells to house prisoners, which was both expensive and, frankly, inhumane. He will know about and will welcome the huge commitment of £4 billion to deliver 18,000 additional prison places—modern places—across the estate by the middle of this decade. That additional space will allow us to do even more purposeful activity. On maintenance, we have committed £315 million next year—a huge increase on the previous capital settlement for maintenance—because we need to get on with ensuring that our current estate is decent, safe and secure.

[Yvonne Fovargue (Makerfield) (Lab) [V]]

There are yet more reports this week of bailiffs on people’s doorsteps breaking the rules meant to govern their behaviour. In view of those reports, will the Minister meet me and representatives of concerned charities, such as StepChange and Citizens Advice, to discuss what further measures can be taken to protect vulnerable people?

[Alex Chalk]

We have been very clear that there should be no enforcement of evictions during this pandemic—the law is in place—save for the most exceptional and egregious circumstances. I am very concerned to hear the hon. Lady’s point about bailiffs behaving inappropriately. I would of course be delighted to meet her to discuss it further.

Oral Answers to Questions

Yvonne Fovargue Excerpts

Tuesday 25th February 2020 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

16. What recent assessment he has made of the ability of social security claimants to access early legal advice.

[Yvonne Fovargue (Makerfield) (Lab)]

24. What assessment he has made of trends in the number of people able to access early legal advice.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

In a nation of laws, access to justice is a fundamental right. Legal aid for early legal advice remains available in many areas, such as for asylum cases. In addition, legal aid is available under the exceptional case funding scheme in any matter where failure to provide it would breach or risk breaching someone’s rights under the European convention.

[Alex Chalk]

Later this year, the Government will conduct a review of the scope of legal aid, but that will sit alongside a lot of work on scoping pilots to ensure that legal aid and support is provided quickly, because early legal support is much better than late legal support, that it is evidence-led on the basis of the pilots and that it truly goes to those who need it most.

[Yvonne Fovargue]

Working in an advice agency, I saw for myself that many people have complex, interrelated problems and that access to early advice that covers all aspects is key to the prevention of often devastating and costly consequences, both to the individual and the state. Will the Minister look into extending the pilots to other areas of law, including family, housing and social security law?

[Alex Chalk]

I pay tribute to the hon. Lady for the work that she did in an advice agency. I entirely agree that if early support is provided, it can make an enormous difference in solving problems that would otherwise fester and become more difficult. A pilot is taking place on social welfare law that will consider housing and a raft of other aspects of law, and we will consider that evidence extremely carefully. If the hon. Lady would like to speak with me about it, I would be delighted to do that.

Bailiffs: Regulatory Reform

Yvonne Fovargue Excerpts

Wednesday 9th January 2019 Westminster Hall

[Yvonne Fovargue (Makerfield) (Lab)]

I congratulate my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) on securing the debate. I have long been interested in bailiff practice both as chair of the all-party group on debt and personal finance, and from my long association with Citizens Advice as manager of the local bureau. I had hoped that the 2014 regulations would stop the bad practice I saw when I was doing that work. I saw bailiffs who threatened to take children into care. On one occasion I heard them trying to seize a family pet in front of the children. Perversely, the regulations have created consolidation into bigger firms, and it is easier for the people at the top of those firms to blame individual bailiffs as rogues, and to say that it is nothing to do with them, their training or their practices. I have sympathy for individual bailiffs. As we have heard, there are some very bad employment practices such as working on commission and payment by results. We must stop the cycle of desperate people chasing desperate people.

Bailiffs are still breaching the new regulations. According to StepChange, a third of the 2.2 million people contacted by bailiffs in the past two years experienced them flouting the law. Bailiffs forced entry and took goods needed for work. Half the StepChange clients surveyed in 2016 said that affordable repayment plans had been refused. I have certainly never known a bailiff to accept the single financial statement that most other creditors accept. Complaints are too difficult. Only 28% of people complain and, as we have heard, there have been 56 complaints to the court since 2014. Does that mean that we have had only 56 problems with bailiffs? The charities would certainly dispute that.

To me, the question is not why we should regulate bailiffs but why we should not. Everyone else is regulated. Debt collectors and debt charities are regulated, but bailiffs are free from oversight by an independent regulator despite dealing with people in probably the most vulnerable circumstances who should have the most protection. Their only protection at the moment is guidance. As others have asked, what are the sanctions if that is ignored? Many hon. Members have put forward the same solution: independent regulation twinned with a simplified single free and independent complaints procedure similar to the system used for debt collectors. It is not only the frontline charities who call for that—some bailiffs firms would like it because they want to get some of the rogues out of the business. Self-regulation has not worked. There is enough evidence to prove that there is a systemic problem and not just a few bad apples. Everyone who deals with people in very vulnerable circumstances is regulated, so I ask the Minister why bailiffs should be the exception. I ask her to act quickly to prevent anyone else paying the highest price, as Jerome Rogers did.

Oral Answers to Questions

Yvonne Fovargue Excerpts

Tuesday 9th October 2018 Commons Chamber

The Secretary of State was asked—

[Yvonne Fovargue (Makerfield) (Lab)]

1. What assessment his Department has made of the effectiveness of the regulation of bailiffs.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

Mr Speaker, may I share in your remarks about PC Palmer and pay tribute to him and his work in this House?

As chair of the all-party parliamentary group on debt and personal finance, the hon. Member for Makerfield (Yvonne Fovargue) is campaigning hard on this important issue, and she is right that bailiffs are not operating as they should in some areas. I was pleased to have the opportunity to meet with the hon. Member for Croydon Central (Sarah Jones) and her constituents, the Rogers family, who sadly lost Jerome as a result of and following some action by bailiffs. We intend to launch a call for evidence shortly to evaluate our most recent bailiff reforms.

[Yvonne Fovargue]

I, too, met the family of Jerome Rogers, and I pay tribute to them for their courage in taking the campaign forward. However, Jerome’s case perfectly highlights why the industry needs regulating, because his problems were just the tip of an iceberg. Citizens Advice helped 41,000 people with 90,000 bailiff issues last year—one person every three minutes. The call for evidence relates to rogue bailiffs, but this is not just about one or two wayward individuals; the whole system is rotten. Will the Minister consider the need for an independent body to regulate and police the industry properly?

Access to Justice

Yvonne Fovargue Excerpts

Wednesday 11th January 2017 Westminster Hall

[Yvonne Fovargue (Makerfield) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my hon. Friend the Member for Wolverhampton South West (Rob Marris) on obtaining the debate. I was going to go quite thoroughly into the subject of employment tribunals, but I feel that there is no need to do that. As an employment lawyer, my hon. Friend dealt with it comprehensively. However, I want to say that I managed a citizens advice bureau where we saw many people who were very reluctant to take action against their employers; any barriers put in the way will deter people from getting what is rightfully theirs. In fact, Citizens Advice recently revealed that 82% of people say the fee increase will deter them from taking a case against their employer.

The statistics bear that out. Why would someone pay £390 for a £200 wage claim when they know that only 49% of claims are paid in full? It is appalling to put another barrier in the way and impose such fees, which appear horrendous. There has been a decrease in claims. I warned when the change was first debated that a decrease would not mean success, but merely that the individuals concerned had given up, and had not gained what they were entitled to. I would be interested to know why people have not pursued ACAS claims. According to evidence from Citizens Advice, 90% of people would consider a reduced fee limit of £50 reasonable and thought that they could perhaps afford that when making a claim. I wonder whether the Minister has looked at the question of reducing the fee.

My hon. Friend the Member for Wolverhampton South West and other hon. Members dealt extremely well with the issue of whiplash. However, I am concerned about the raising of the small claim limits—and that, not whiplash, is what the consultation specifies. Why were workplace injuries included in that? What evidence is there of fraudulent claims against employers? In my experience, it is difficult to encourage people to make a claim even when the employer has been negligent, because they are extremely worried about the possible consequences. When that is coupled with the fact that if someone is unfairly sacked, there is a tribunal fee, I feel that people are beginning to lose faith in the justice system.

I want to mention the advice deserts, particularly in housing law, which my hon. Friend the Member for Wolverhampton South West also covered. Many small providers—including not-for-profit providers—are giving up their contracts as unviable. That has recently happened in one case in my area. Where are people to go about housing issues, such as severe disrepair, that they cannot get dealt with and that are giving them health problems? People can only have a housing claim if their case is at the severe end. How are people to get justice and avoid further illness, which will put more strain on our already overstretched health system, if they cannot get advice at a place they want to go to and can afford to travel to?

There is a risk that the civil legal aid system is becoming unsustainable. Will the Minister commission an independent review into the system’s sustainability? It is at risk of falling over. Even with sufficient providers, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reduced the possibility of obtaining early advice on housing and family law. Having been the manager of a citizens advice bureau, I cannot stress enough that early advice relieves the pressure on families, who will probably go to other services if they do not get it, which means they will put pressure on local authorities, housing associations and medical professionals. That is why it saves money. In the case of welfare benefits, £8.80 is saved for every case of early advice; in the case of housing advice, more than £5 is saved. Leaving everything to the last minute is simply the wrong way to deal with people’s problems, not only for them and their families, but for the state.

We must ensure that ordinary people are given an even chance in the justice system. Where is the equality of arms that solicitors always talk about? We need to ensure that people can receive the compensation they are entitled to, and timely advice—the right advice as to whether their claim is viable. I have often found that telling someone at an early stage that they did not have a case prevented them from going as a litigant in person. If they cannot get such early advice, they will be clogging up the court system. Many of the most recent reforms have had the opposite effect and deterred people from getting what they are entitled to. I agree with the hon. Member for Croydon South (Chris Philp) that we need to stop the cold calling. If the proposed changes to the small claims limit are included with the range of proposals, in addition to what has already happened to take access to justice away from ordinary people, I do not believe that people will any longer have faith that ours is a fair and just society.

[Geraint Davies (in the Chair)]

We are making good time. I invite Stuart McDonald to speak from the Front Bench on behalf of the SNP.

--- Later in debate ---

[Richard Burgon]

The hon. Gentleman is correct. I put it to hon. Members that the real purpose of introducing employment tribunal fees was not to reduce vexatious claims, but to reduce claims full stop. Employment tribunals received about 60,000 cases in the year before fees were introduced, but that fell to below 20,000 the year after. As my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) indicated, that is not because of a reduction in illegal or unfair treatment by employers in that time—if only!

In June 2016, the Justice Committee released its report on court and tribunal fees, which complained that it was

“unacceptable that the Government has not reported the results of its review one year after it began and six months after the Government said it would be completed.”

Unbelievably, seven months later, the Government continue to sit on a review of the fees. We can only suppose what the reason for that is, but perhaps the Minister will enlighten us.

LASPO, which was enacted by the coalition Government, removed most social welfare law cases from eligibility for legal aid assistance. Those seeking assistance for debt advice, housing—apart from in homelessness cases—and welfare benefits advice were left with few places to turn, as my hon. Friend the Member for Makerfield knows from her experience running a citizens advice bureau. The barrier that has been put up in such cases has hurt some of the most vulnerable people in our society. The lack of benefits advice is of particular concern because many appeals against the Department for Work and Pensions succeed. Between December 2014 and June 2015, 53% of those who appealed “fit to work” decisions had them reversed. Removing advice on such cases risks people missing out on benefits to which they are eligible.

Last year, the Law Society launched its campaign to end legal aid deserts—areas of the country in which legal aid advice for housing cases is disappearing. In a Westminster Hall debate on 30 November 2016, the Minister denied that such legal aid deserts exist. I wonder whether he has told the Law Society that its research is wrong. In July last year, Young Legal Aid Lawyers, the Legal Action Group and the Legal Aid Practitioners Group wrote to the Prime Minister, highlighting the huge drop in civil legal aid cases since LASPO. In 2012-13, before LASPO, 724,243 civil law cases were publicly funded, but in 2015-16 there were just 258,460. They described that, correctly in my view, as

“a picture of justice denied”.

Last week, the Justice Secretary’s own actions confirmed the need for a review. LASPO removed most private family law matters from the scope of legal aid, which naturally led to an increase in people representing themselves, as has been described. The increased number of litigants in person led in turn to violent and abusive people cross-examining their victims—usually their former partners—in court. Recently, the senior family court judge, Sir James Munby, said:

“I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.”

Well, last week that reform was promised: apparently the Justice Secretary will review the situation. That is as good as an admission that the legal aid reforms to the family courts have caused the problem that now needs a solution. Although the Government’s initiative would be a step in the right direction and provide some measure of comfort to victims of domestic violence, it is no substitute for both parties in family proceedings having representation.

When the coalition Government passed LASPO, they committed to reviewing its effects in three to five years, and we are now well within that timetable. The review ought to have begun a long time ago—the words of the Lord Chief Justice last January, which I quoted earlier, make that clear. However, that is not the only barrier to access to justice that has been erected and maintained by the Government.

[Yvonne Fovargue]

Does my hon. Friend agree that the review needs to take place urgently, because the impact assessment of LASPO said that it would disproportionately affect women and the disabled, but that that was a price worth paying?

Oral Answers to Questions

Yvonne Fovargue Excerpts

Tuesday 26th April 2016 Commons Chamber

[Michael Gove]

The Chair of the Justice Committee is absolutely right, as is the hon. Member for Cardiff Central (Jo Stevens), to point out that it is simply not good enough that prisoners are in their cells for up to 22 or 23 hours at a time. Time out of cell is a key indicator of how effectively a prison is run—it is not the only one, but it is really important. My hon. Friend is also absolutely right to point out that when we think about new prison design we should concentrate on the time out of cell. I was privileged to visit a prison just outside Berlin where prisoners spend far longer out of their cells, either at work or in education, than in most institutions in this country. We can learn a great deal from the Germans.

[Yvonne Fovargue (Makerfield) (Lab)]

4. What assessment he has made of the potential effect of planned changes to personal injury law and whiplash claims on access to justice.

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

The Government remain concerned about the number and cost of whiplash claims, and in particular the risk that unmeritorious claims push up the cost of insurance for customers. New proposals have been announced. We will consult on them in due course, and they will be accompanied by an impact assessment.

[Yvonne Fovargue]

There still appears to be no independent verification of the fraud culture and pandemic of claims cited in the autumn statement as the reason to raise the small claims limit for personal injury. In fact, not one motor insurer even mentioned fraud as a material risk when reporting their annual returns to the stock market. What independent evidence does the Minister have of a fraud culture? Would it not be more effective to legislate to stop the ambulance-chasing claims management companies making unsolicited calls, rather than denying justice to those who have been injured through no fault of their own?

[Mr Raab]

We should address both angles. The Chancellor has already announced proposals to remove the right to claim damages for pain and suffering for very minor claims and to increase the small claims limit to £5,000. That is important, as it will help us cut the cost of resolving cases. As I said, we will consult on the reforms, but, critically, they will save the insurance industry £1 billion annually. The industry is committed to passing those savings on to customers, which will reduce premiums by £50.

Oral Answers to Questions

Yvonne Fovargue Excerpts

Tuesday 8th March 2016 Commons Chamber

[Andrew Selous]

The hon. Gentleman can tell his prison officers that all violence within prison is a crime. We strive to eradicate it, and it is wholly unacceptable. We take it very, very seriously. As I told the hon. Member for Warrington North (Helen Jones) a moment ago, we appointed 2,250 extra prison officers last year—a net increase of 440—and we will carry on recruiting. Really importantly, we will be testing for new psychoactive substances throughout every prison next month, and that will make a significant difference to the important issues that he raises.

[Yvonne Fovargue (Makerfield) (Lab)]

15. What steps he plans to take to ensure access to justice does not depend on the ability to pay.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

The Government’s programme of reform aims to deliver faster and fairer justice for all citizens, by speeding up decision-making, giving parties the ability to submit and consider information online, and considering issues far more proportionately. We have committed to invest in the technology that will underpin that.

[Yvonne Fovargue]

The introduction of employment tribunal fees has caused the number of new cases to plummet. Sex discrimination cases are down by 80% and equal pay cases by 84%. Will the recently announced review publish an impact assessment on the introduction of those fees, and say whether it has disproportionately affected the number of women bringing forward cases to tribunal?

[Mr Vara]

The hon. Lady raises some important points. On the employment tribunal, she should consider the alternative facilities that are available. For example, the early conciliation service has reported that, in the first 12 months, 83,000 people used its services, and that the vast majority were happy with the services that they received.