Asked by: Joshua Reynolds (Liberal Democrat - Maidenhead)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the process for assigning judges to cases involving legal challenges to Government decisions.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Under section 7(2)(c) of the Constitutional Reform Act 2005, the Lady Chief Justice is responsible for the maintenance of appropriate arrangements for the deployment of the judiciary and the allocation of work within courts. Accordingly, the Government has no role in the process for assigning judges to cases.
This is consistent with the important principle of judicial independence, which shields judges from external pressures and gives the public confidence that cases will be decided fairly and in accordance with the law.
Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they consider (1) the European Court of Human Rights, and (2) the International Criminal Court, to be foreign courts.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The European Court of Human Rights (ECtHR) and International Criminal Court (ICC) are international courts based respectively in France and the Netherlands. The UK is a State Party to both the European Convention on Human Rights (ECHR) and the Rome Statute, the international treaties which established the ECtHR and ICC respectively. It is also a founding member of both instruments.
The Human Rights Act 1998 and the ICC Act 2001 give effect to the UK's obligations under the ECHR and Rome Statute. We respect the independence of both courts.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to introduce a sunset clause for proposals to limit jury trials.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
There has been no major reform of the criminal courts since the establishment of the Crown Court in 1971, despite Lord Auld making similar recommendations to Sir Brian Leveson in 2001.
Sir Brian’s report found that jury trials are taking twice as long as they were in 2000 - one of the reasons is increased complexity in modern cases, the density of evidence deployed to establish them, and the increased efforts made to provide support and guidance to jurors.
We are working within a system built for a different age and even with record investment, the Crown Court caseload will continue to rise. We need generational structural reform, investment, and modernisation.
Everyone has, and will always have, the right to a fair trial. But there is no right to trial by jury in England and Wales and the vast majority of criminal trials in this country are conducted – fairly, without a jury – in the magistrates’ courts. Jury trials will nevertheless remain for the most serious cases - these reforms are designed to ensure a more proportionate use of overall resource in our criminal courts to ensure we are best serving the needs of both victims and defendants, to deliver better, swifter outcomes.
There is no quick fix - it will take time to tackle an issue which has been years in the making, but we must act before the caseload becomes irretrievable. There are no plans to introduce sunset clauses for all proposals.
Asked by: Luke Evans (Conservative - Hinckley and Bosworth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent topics has he discussed with external bodies when considering the potential impacts of proposals to reduce jury trials.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
In developing his recommendations, Sir Brian Leveson and his expert advisers, including Professor David Ormerod, engaged with several external bodies with invaluable expertise of our Criminal Justice System including criminal legal organisations, charities, academics, and members of the judiciary. A full list is at Annex C of his report.
When considering Sir Brian’s recommendations and developing our proposals, I have engaged regularly with stakeholders and relevant sectors over the last 12 months including representatives from the legal sector (Law Society, Bar Council, Criminal Bar Association), victims and victims representatives (the Victims Commissioner, the Domestic Abuse Commissioner, Rape Crisis), judiciary (Circuit leaders, Judicial leadership), magistracy (Magistrates’ Association, Magistrates’ Leadership Executive), non-governmental organisations (Appeal, JUSTICE, Transform Justice), court staff in criminal courts around the country (Wood Green, Snaresbrook) and similar international jurisdictions. For example, I met judges and visited courts in Canada, which uses types of judge-only trial.
Asked by: Luke Evans (Conservative - Hinckley and Bosworth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which external bodies has he recently spoken to about the potential impacts of proposals to reduce jury trials.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
In developing his recommendations, Sir Brian Leveson and his expert advisers, including Professor David Ormerod, engaged with several external bodies with invaluable expertise of our Criminal Justice System including criminal legal organisations, charities, academics, and members of the judiciary. A full list is at Annex C of his report.
When considering Sir Brian’s recommendations and developing our proposals, I have engaged regularly with stakeholders and relevant sectors over the last 12 months including representatives from the legal sector (Law Society, Bar Council, Criminal Bar Association), victims and victims representatives (the Victims Commissioner, the Domestic Abuse Commissioner, Rape Crisis), judiciary (Circuit leaders, Judicial leadership), magistracy (Magistrates’ Association, Magistrates’ Leadership Executive), non-governmental organisations (Appeal, JUSTICE, Transform Justice), court staff in criminal courts around the country (Wood Green, Snaresbrook) and similar international jurisdictions. For example, I met judges and visited courts in Canada, which uses types of judge-only trial.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many legal aid cases have been dropped since 23 April 2025.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This data breach was the result of serious criminal activity but it was enabled by the fragility of the LAA’s IT systems as a result of the long years of neglect and mismanagement of the justice system under the last Conservative Government. Upon taking office, I was shocked to see how fragile our legal aid systems were. The previous Government knew about the vulnerabilities of the Legal Aid Agency digital systems, but failed to invest. By contrast, since taking office, this Government has prioritised work to rebuild the LAA digital systems. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services as we build back better in response to this attack. We are now in a position where all providers have online access to our civil legal aid services currently available via SiLAS, alongside our criminal legal aid services, which were restored in September.
This is an evolving situation but to date the total operational and digital costs of the incident are forecast to be £22 million for this financial year.
All providers have been able to access payment for work carried out whilst systems have been offline.
For some types of legal aid this meant adjusting the way in which providers submitted their claim for payment to the LAA. From 19 May, providers have been able to claim their usual payments for Legal Help, Crime Lower & Mediation work via a contingency process. Due to previous investment, the criminal legal aid systems were more modern, and internal access was restored more quickly. This enabled the LAA to resume paying Crown Court bills from early June.
It was necessary to agree a payment contingency for Civil Representation work with HM Treasury. This led to the implementation of the Average Payment Scheme on 27 May. The Average Payment Scheme enables providers to opt in to receive a temporary average payment for Civil Representation work that would otherwise be due, or where the value of their outstanding work varies from this, to apply for a specific payment to meet the cost of that work. Payments are made on a weekly basis. The weekly average payment is based on previous payments made to that provider over the 3 month period preceding the cyber incident. Some providers have not opted in to receive payment in this way and wait for the restoration of the systems, but payments are there should they need it. We are unable to quantify the number of legal aid providers who have not opted in to receive an average payment in each of the weeks it has been available.
Providers are obligated to act in the best interests of their clients both by their own SRA regulatory requirements and by their LAA Contracts. In circumstances where a legal aid provider is unable to continue providing representation in an ongoing case, for whatever reason, they have a professional and contractual obligation toward their client to assist them in finding alternative representation.
We have not seen any evidence of legal aid providers leaving the market directly as a result of the cyber-attack. Since April 2023 there has been a net increase in the number of providers contracted to deliver legal aid services.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many firms have ceased being legal aid providers since 23 April 2025.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This data breach was the result of serious criminal activity but it was enabled by the fragility of the LAA’s IT systems as a result of the long years of neglect and mismanagement of the justice system under the last Conservative Government. Upon taking office, I was shocked to see how fragile our legal aid systems were. The previous Government knew about the vulnerabilities of the Legal Aid Agency digital systems, but failed to invest. By contrast, since taking office, this Government has prioritised work to rebuild the LAA digital systems. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services as we build back better in response to this attack. We are now in a position where all providers have online access to our civil legal aid services currently available via SiLAS, alongside our criminal legal aid services, which were restored in September.
This is an evolving situation but to date the total operational and digital costs of the incident are forecast to be £22 million for this financial year.
All providers have been able to access payment for work carried out whilst systems have been offline.
For some types of legal aid this meant adjusting the way in which providers submitted their claim for payment to the LAA. From 19 May, providers have been able to claim their usual payments for Legal Help, Crime Lower & Mediation work via a contingency process. Due to previous investment, the criminal legal aid systems were more modern, and internal access was restored more quickly. This enabled the LAA to resume paying Crown Court bills from early June.
It was necessary to agree a payment contingency for Civil Representation work with HM Treasury. This led to the implementation of the Average Payment Scheme on 27 May. The Average Payment Scheme enables providers to opt in to receive a temporary average payment for Civil Representation work that would otherwise be due, or where the value of their outstanding work varies from this, to apply for a specific payment to meet the cost of that work. Payments are made on a weekly basis. The weekly average payment is based on previous payments made to that provider over the 3 month period preceding the cyber incident. Some providers have not opted in to receive payment in this way and wait for the restoration of the systems, but payments are there should they need it. We are unable to quantify the number of legal aid providers who have not opted in to receive an average payment in each of the weeks it has been available.
Providers are obligated to act in the best interests of their clients both by their own SRA regulatory requirements and by their LAA Contracts. In circumstances where a legal aid provider is unable to continue providing representation in an ongoing case, for whatever reason, they have a professional and contractual obligation toward their client to assist them in finding alternative representation.
We have not seen any evidence of legal aid providers leaving the market directly as a result of the cyber-attack. Since April 2023 there has been a net increase in the number of providers contracted to deliver legal aid services.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an estimate of the costs incurred by Department as a result of the Legal Aid Agency data breach on 23 April 2025.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This data breach was the result of serious criminal activity but it was enabled by the fragility of the LAA’s IT systems as a result of the long years of neglect and mismanagement of the justice system under the last Conservative Government. Upon taking office, I was shocked to see how fragile our legal aid systems were. The previous Government knew about the vulnerabilities of the Legal Aid Agency digital systems, but failed to invest. By contrast, since taking office, this Government has prioritised work to rebuild the LAA digital systems. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services as we build back better in response to this attack. We are now in a position where all providers have online access to our civil legal aid services currently available via SiLAS, alongside our criminal legal aid services, which were restored in September.
This is an evolving situation but to date the total operational and digital costs of the incident are forecast to be £22 million for this financial year.
All providers have been able to access payment for work carried out whilst systems have been offline.
For some types of legal aid this meant adjusting the way in which providers submitted their claim for payment to the LAA. From 19 May, providers have been able to claim their usual payments for Legal Help, Crime Lower & Mediation work via a contingency process. Due to previous investment, the criminal legal aid systems were more modern, and internal access was restored more quickly. This enabled the LAA to resume paying Crown Court bills from early June.
It was necessary to agree a payment contingency for Civil Representation work with HM Treasury. This led to the implementation of the Average Payment Scheme on 27 May. The Average Payment Scheme enables providers to opt in to receive a temporary average payment for Civil Representation work that would otherwise be due, or where the value of their outstanding work varies from this, to apply for a specific payment to meet the cost of that work. Payments are made on a weekly basis. The weekly average payment is based on previous payments made to that provider over the 3 month period preceding the cyber incident. Some providers have not opted in to receive payment in this way and wait for the restoration of the systems, but payments are there should they need it. We are unable to quantify the number of legal aid providers who have not opted in to receive an average payment in each of the weeks it has been available.
Providers are obligated to act in the best interests of their clients both by their own SRA regulatory requirements and by their LAA Contracts. In circumstances where a legal aid provider is unable to continue providing representation in an ongoing case, for whatever reason, they have a professional and contractual obligation toward their client to assist them in finding alternative representation.
We have not seen any evidence of legal aid providers leaving the market directly as a result of the cyber-attack. Since April 2023 there has been a net increase in the number of providers contracted to deliver legal aid services.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many (a) barristers, and (b) solicitors have not been paid by the Legal Aid Agency since the data breach of 23 April 2025.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This data breach was the result of serious criminal activity but it was enabled by the fragility of the LAA’s IT systems as a result of the long years of neglect and mismanagement of the justice system under the last Conservative Government. Upon taking office, I was shocked to see how fragile our legal aid systems were. The previous Government knew about the vulnerabilities of the Legal Aid Agency digital systems, but failed to invest. By contrast, since taking office, this Government has prioritised work to rebuild the LAA digital systems. That includes the allocation of over £20 million in extra funding this year to stabilise and transform the Legal Aid Agency digital services as we build back better in response to this attack. We are now in a position where all providers have online access to our civil legal aid services currently available via SiLAS, alongside our criminal legal aid services, which were restored in September.
This is an evolving situation but to date the total operational and digital costs of the incident are forecast to be £22 million for this financial year.
All providers have been able to access payment for work carried out whilst systems have been offline.
For some types of legal aid this meant adjusting the way in which providers submitted their claim for payment to the LAA. From 19 May, providers have been able to claim their usual payments for Legal Help, Crime Lower & Mediation work via a contingency process. Due to previous investment, the criminal legal aid systems were more modern, and internal access was restored more quickly. This enabled the LAA to resume paying Crown Court bills from early June.
It was necessary to agree a payment contingency for Civil Representation work with HM Treasury. This led to the implementation of the Average Payment Scheme on 27 May. The Average Payment Scheme enables providers to opt in to receive a temporary average payment for Civil Representation work that would otherwise be due, or where the value of their outstanding work varies from this, to apply for a specific payment to meet the cost of that work. Payments are made on a weekly basis. The weekly average payment is based on previous payments made to that provider over the 3 month period preceding the cyber incident. Some providers have not opted in to receive payment in this way and wait for the restoration of the systems, but payments are there should they need it. We are unable to quantify the number of legal aid providers who have not opted in to receive an average payment in each of the weeks it has been available.
Providers are obligated to act in the best interests of their clients both by their own SRA regulatory requirements and by their LAA Contracts. In circumstances where a legal aid provider is unable to continue providing representation in an ongoing case, for whatever reason, they have a professional and contractual obligation toward their client to assist them in finding alternative representation.
We have not seen any evidence of legal aid providers leaving the market directly as a result of the cyber-attack. Since April 2023 there has been a net increase in the number of providers contracted to deliver legal aid services.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of current mechanisms for enforcing Employment Tribunal awards where employers refuse to pay compensation.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government is committed to tackling the issue of unpaid employment tribunal awards. The civil courts in England and Wales offer several different enforcement methods that a judgment creditor may apply for to recover money or property owed on a court order or judgment. These processes are individually designed to address different financial circumstances; and collectively they aim to make it as difficult as possible for judgment debtors to avoid their responsibilities. This also includes the Advisory, Conciliation and Arbitration Service (Acas) and Employment Tribunal Fast Track enforcement scheme whereby a claimant can instruct a High Court Enforcement Officer (HCEO) to act on their behalf.
We recognise the challenges associated with enforcing employment awards. We are therefore strengthening enforcement options through the Employment Tribunal Penalty scheme which will move to the Fair Work Agency (FWA) once established. The proposed powers of the FWA are set out in the Employment Rights Bill and we are committed to ensuring that it has the appropriate resources to discharge its responsibilities. The FWA will work closely with HMRC, the Insolvency Service and other relevant enforcement bodies to do this as effectively as possible. This will include considering how to use existing powers to tackle misuse of phoenix companies.