16 December 2015

Shailesh Vara responds to a debate on reaching a mutually beneficial solution for the future of a Ministry of Justice-owned, unused carpark adjacent to Gloucester railway station.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): As always, Mr Nuttall, it is a pleasure to serve under your chairmanship.

I congratulate my hon. Friend the Member for Gloucester (Richard Graham) on securing this debate on a subject that is vital for the residents of Gloucester. I also take this opportunity to put on the record the huge amount of work that he has done for the people of Gloucester, not only regarding this particular piece of land but more generally. As far as this issue is concerned, he has engaged with me on a regular and active basis, and he has also been instrumental in ensuring that the many other stakeholders and key players involved in the whole of this transaction have been engaged with one another. He has been instrumental in ensuring that all the threads are woven together to make one canvas, so that hopefully in the new year we will be able to arrive at an agreeable solution.

Of course, my hon. Friend and I have met on a number of occasions to discuss this issue and we have also corresponded about it. He has a terrific vision for Gloucester. My officials have engaged extensively with representatives from the many other interested parties on how the land owned by Her Majesty’s Courts and Tribunals Service in Great Western Road can form part of the wider regeneration of the city.

Let me explain at the outset that the piece of land in question was purchased quite some time ago with the intention of building a new Gloucester court. The freehold interest in the site was one of a number of magistrates courts and other properties transferred to the Courts and Tribunals Service under the Transfer of Property (Abolition of Magistrates’ Courts Committees) Scheme 2005. Since that time, the site was used temporarily as a car park by the national health service and was later used as a store to facilitate works to the adjacent railway. As my hon. Friend indicated, for quite some time it has not been in use.

Following an approach by Gloucester City Council, the Courts and Tribunals Service considered a request to transfer the land. In support of its request, the council asked that we take into account the wider economic development of the area and its importance for the city as a whole. My hon. Friend will appreciate that the Ministry of Justice and Gloucester City Council have a duty to achieve best value for the taxpayer at large and for the citizens of Gloucester. As part of that duty, the Ministry of Justice is obliged to work within Her Majesty’s Treasury guidelines for managing public money. That means that, when disposing of surplus property assets, we must always seek best value for the taxpayer. The council, for its part, has to consider the potential return on its investment in a future lease arrangement.

After careful consideration of the representations made by my hon. Friend, the council and others, it was decided that the land was no longer required for a court or tribunal building. That cleared the way for the Courts and Tribunal Service to move towards a sale of the land, at market value, to Gloucester City Council.

I understand that the council intends to enter into an agreement that would see the site being used as a car park, which, as my hon. Friend highlighted in his speech, would improve access to the nearby railway station. The redevelopment of the land is an important part of the vision to regenerate the city. Of course, the use of the site as a car park also has broader implications for the highways and traffic management within the area. This is not a simple issue but one that is complex and that involves a number of other agencies.

The Ministry of Justice has been in regular and constructive dialogue with the council, and I am pleased to say that much progress has been made. However, both parties have produced their own valuations of what the property is worth. Nevertheless, we may now be nearing some sort of agreement. I hope my hon. Friend will appreciate that, for reasons of commercial confidentiality, I cannot divulge the final details of the valuations or the negotiations. He will understand that, as is the case in almost every transaction of this kind, there are many aspects of the proposal to discuss, including the future development potential of the site; the current and future planning status; whether there should be any conditions attached to the completion of the sale; the timing of any such conditions; whether any overage or clawback should be applied, and if so, how much and over what time; what price should be paid; and whether that price should be paid in one lump sum or in staged payments.

While there remain technical details to resolve, I share my hon. Friend’s enthusiasm for seeing the matter settled, and both parties continue to work towards achieving a deal that is acceptable to all concerned. I emphasise that there is no lack of willing on our side to achieve a mutually beneficial sale.

I turn briefly to the wider changes that we are making to courts and tribunals in England and Wales as part of our court reform programme. We have conducted a consultation on the possible closure of 91 courts and tribunals across England and Wales. The HMCTS estate is a major asset, but many buildings are underused. Indeed, around a third of our courts are used at less than half their capacity. Our proposal is to close the less efficient buildings and to transform the way that courts and tribunals operate and deliver services to the public in the future.

Those improvements cannot be secured without some difficult decisions having to be made, but I genuinely believe that the court reform programme offers a once-in-a-generation opportunity to create a modern, user-focused and efficient Courts and Tribunals Service.

Richard Graham: The Minister is kind to give way. I promised him that I would not extend this debate to cover the issue of the future of the courts, but I just thought it would be helpful to him if I were to put on the record the offer that Gloucester has made to the Ministry of Justice. Effectively, it is to provide land free of charge in the wonderful central area of Blackfriars, very close to the current Crown court, the families courts and the magistrates courts, to create a single justice centre for all the courts and tribunals in the city, which will provide justice for the people of Gloucestershire. I hope he will consider that offer.

Mr Vara: In his usual eloquent way, my hon. Friend has managed to sneak into this debate another angle, which obviously also involves his speaking up for constituents in Gloucester. I commend him for that. I am mindful of the submission that he and the people of Gloucester have made, and we are reflecting on it. No decisions have been made so far regarding the wider consultation.

As far as the court reform programme is concerned, we must recognise that the world outside of the courts is changing rapidly. In the 21st century, we expect to be able to transact our business online, quickly, efficiently and at a time that suits us. Cheques and paper forms have been replaced by contactless payment cards and smartphone apps. The Courts and Tribunals Service has already established alternative ways users can interact with its services, such as the use of video links, and it is looking to expand the provisions to provide more choice than is currently available. That includes exploring whether appropriate use can be made of civic and other buildings for certain types of hearings. My hon. Friend is aware that Gloucester magistrates court is included in the consultation. The proposal is for criminal work from the court to be transferred to Cheltenham magistrates court. As he is aware, we are analysing all the responses to the consultation, and we have not made up our mind or made any decisions so far.

For the sake of good order, I assure my hon. Friend that the sale of the land at Great Western Road does not impact in any way on the decisions that will need to be made following the consultation. He will understand that I cannot give him notice of the finalised transaction, for the reasons I have given. I very much hope, however, that he and his constituents will be in no doubt that I support the positive vision that is regeneration in Gloucester—a matter that he has so forcefully put across. The Ministry of Justice is keen to be a part of that vision, and we are taking steps to ensure that we do not stand in the way of progress. At the same time, he will appreciate the importance of my Department faithfully discharging its duties to taxpayers and ensuring that we deal with valuable assets responsibly.

I again congratulate my hon. Friend on securing this important debate. I very much hope that, in the new year, there will be some resolution to all the hard work that he has put in on behalf of his constituents.

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15 December 2015

Shailesh Vara responds to a debate on access to justice and outlines elements of the ongoing major reform programme and the need to speed up the justice system, more use of mediation and support for ‘litigants in person’.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): It is a pleasure to serve under your chairmanship this afternoon, Mrs Moon. I commend you on having managed to get through so many speakers in such a short time. I congratulate the hon. Member for Swansea East (Carolyn Harris) on securing this important debate. I also thank the many colleagues who have turned out for this debate; that demonstrates its importance. Individuals have spoken with passion, both on constituency matters and more generally. Several points have been raised, and I intend to address as many as I can. I ask Members to be patient if I do not instantly respond to their issue in the first minute or two. I will make one thing absolutely clear at the outset: the Government share the hon. Lady’s passion for a justice system that works for everyone.

The hon. Lady referred to my right hon. Friend the Lord Chancellor’s eloquent comment that the Government’s commitment to one nation justice was fundamental to the rule of law. At the heart of one nation justice is equality, and a justice system that safeguards and protects the vulnerable and works better for victims and witnesses. Our justice system does not always do that, despite the fantastic efforts of those who work in it. That is why the Ministry of Justice is leading a major reform programme. As the hon. Member for Swansea East will know, the MOJ has secured more than £700 million in funding to invest in courts and tribunals in England and Wales. We are working closely with the senior judiciary to deliver a justice system for everyone, at a lower cost for all those who need to access the courts.

There is much agreement that our courts and tribunals need urgent reform, and a high degree of consensus that the current system is not only too slow, but unsustainable. Despite the best efforts of front-line staff, the infrastructure supporting the administration of the service is inefficient and disjointed, and based on technology that is, in some cases, decades old. I hope Members agree that that has to change. That means using up-to-date technology, which I will discuss later in my speech, and modernised working practices, and having a more appropriate and efficient estate. It will also mean victims and witnesses being able to attend some hearings remotely, and not having to experience the stress and strain of a personal visit to a court, or, indeed, having to take a day off work.

Mention has been made of victims and witnesses travelling together. Clearly, that is a situation that none of us would want. The beauty of a remote system is that there is no danger of meeting people on the bus to court. The victims will not be travelling with the witnesses and the defendants. They may well be in a local civic building of some kind, in a video-conferencing suite to which people go by appointment at a specific time. They will be far more comfortable there, and will not have the stress and strain of going to court, which would be a strenuous and stressful experience for most people.

We are replacing paper forms, automating much of the administrative process, and allowing defendants to indicate their plea online. The use of telephones was mentioned. Let me make it clear that we are piloting a scheme in Manchester in which pleas can be made online, using either computers or smartphones. That is happening right now, as we speak.

Nick Thomas-Symonds: Will the Minister give way?

Mr Vara: If the hon. Gentleman will forgive me, I will not, but I will address his point. He rightly said earlier that there will be some cases where digitalisation is clearly not appropriate; that is why we will maintain courts. Nevertheless, for many cases, court will not be necessary. The majesty of the court will remain for appropriate cases that deserve to go to court, but it is important to remember that access to justice does not always mean access to a court, with all the time and expense that that entails. Nor does it mean that people should always turn to taxpayer-funded lawyers. Where suitable alternatives are available, we want to see more cases diverted from the courts.

There is no doubt that in many cases court should be the last resort, not the first. Encouraging greater use of mediation has been a key part of our wider reforms to the justice system. Mediation can be quicker, cheaper and certainly less stressful than protracted litigation. For the taxpayer, who would otherwise be paying solicitors, barristers and for time in court, there will be a saving. For the parties involved, it is far better to sit around a table and have constructive engagement than to be in a court scenario, where there is often—I speak as a former solicitor—a destructive environment, rather than one of constructive engagement.

Susan Elan Jones: There might be some validity in that, but how does the Minister square it with the rise of litigants in person? We may well see the well-heeled being able to get the best legal advice in the world, while those on the other side of the dock have to represent themselves in person. Surely that is not fair.

Mr Vara: I plead with the hon. Lady to be patient; I will turn to litigants in person shortly.

From April last year, the Children and Families Act 2014 made it a legal requirement that anyone considering applying to court for an order about their children or finances should first attend a mediation information and assessment meeting, which we call a MIAM, unless exemptions such as domestic abuse apply. The requirement was introduced so that parties could consider the benefits of mediation before the start of court proceedings, which can be long, arduous and expensive. From November last year, we have funded the first single session of mediation in cases where one of the parties is already legally aided. In such circumstances, both parties will be funded for the MIAM and the first session of mediation.

I hope Members appreciate that legal aid is only one part of a balanced access-to-justice provision, although of course we recognise that in some cases it can be a vital part. We also recognise that those in greatest hardship at times of real need should have the resources to secure access to justice. When the programme to reform legal aid commenced in 2010, the scale of the financial challenge facing the Government was unprecedented. We had to find significant savings, which meant making difficult choices. Despite that, we have made sure that legal aid remains available when it is most needed: where people’s life or liberty is at stake; where they face the loss of their home; in cases of domestic violence; or where their children may be taken into care.

In the case of domestic violence, evidence is required to ensure that the correct cases attract funding, but we have listened and made changes to the amount of evidence required. One of the first things I did when I was appointed Minister in October 2013 was meet certain stakeholders, who told me that the conditions were too stringent. As a consequence, I made the appropriate changes. We will, of course, continue to listen and to make changes where necessary.

The fact remains that even after all the reforms, our legal aid system remains one of the most generous in the world. Last year we spent more than £1.6 billion on legal aid, which is around a quarter of the Department’s expenditure. We have also made sure that funding is available through the exceptional funding scheme, where that is required under the European convention on human rights or by European law. We believe that the reforms to the legal aid scheme are sustainable, but we have provided that there will be a review within three to five years of the implementation of part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

As far as the Welsh language is concerned, let me make it absolutely clear that Welsh-speaking users can call the Civil Legal Advice Welsh-language operator service, or request an immediate call back from a Welsh-speaking operator. The bilingual site architecture has been designed to ensure that the same service is available in the Welsh language as in English, and that the content can be easily kept up to date. We continue to work with the advice sector to develop sustainable and collaborative ways of working to ensure that people can obtain advice when they need it.

On litigants in person, we have provided £2 million for a strategy led by the advice, voluntary and pro bono sector. It maximises the provision of support to litigants in person, and there is an increase in the provision of face-to-face, phone and online support.

In the few moments I have left, let me address a few of the points raised. The hon. Member for Swansea East said that there has been a reduction in the number of criminal contracts, but there is a far higher number of contracts for own-client work, which means that people can continue to work for the clients that they already have. The right hon. Member for Delyn (Mr Hanson), who has a distinguished record in government, asked about the criminal court charge. He will know from his time in government that laws change. Until 24 December—the date that the Lord Chancellor gave—the law will apply. I have already touched on the issue of telephone access, but I emphasise that the digitalisation process that we envisage will clearly not apply to all cases. The physical presence of courts, which people will need to go to when appropriate, will always remain.

I congratulate the hon. Member for Swansea East on securing this debate, and I thank all Members for taking the trouble to attend. I hope I have been able to give some comfort to Members, and assure them that we are very keen to ensure that access to justice remains.

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8 December 2015

Shailesh Vara answers questions to the Ministry of Justice on issues including court reform and legal aid.

Torquay Magistrates Court

1. Kevin Foster (Torbay) (Con): What recent progress his Department has made on consulting on the future of Torquay magistrates court. [902593]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Courts and Tribunals Service is evaluating all responses to the consultation, and no decisions have been made. An announcement on the future of Torquay magistrates court will be made in due course.

Kevin Foster: I thank the Minister for his answer. At the end of this month, a successful turnaround integrated offender management team that is based at the court building is due to be evicted. Can he confirm that this is not a sign that the decision has already been taken, and that the Government are still considering options to keep justice local in the bay?

Mr Vara: May I first thank my hon. Friend for the submission that he made to the consultation? I am also grateful to him for raising this point so that I can clarify the issue. I can confirm that no decisions have been taken. Moreover, the arrangement for the turnaround IOM team to use the building was always due to come to an end this month. I understand that alternative arrangements have been made for it to continue to provide its very valuable services locally.

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Legal Aid

4. Mike Kane (Wythenshawe and Sale East) (Lab): What plans he has to reintroduce the residence test for legal aid. [902596]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Government are committed to the civil legal aid residence test and are planning the next steps following the success in the Court of Appeal. Individuals should have a strong connection to the UK to benefit from the civil legal aid scheme.

Mike Kane: The Minister was forced to admit last year that there were no precise figures for any savings from this policy area. The policy was also criticised by the Joint Committee on Human Rights and is subject to further legal scrutiny under the Supreme Court. Is it not time that the Minister gave up the ghost on this failed area of policy?

Mr Vara: Given the Court of Appeal judgment on 25 November, when it sided with the Government, we have no intention of giving up on this. It is important to remember that people who seek to have benefit from UK taxpayers should show some connection to this country. It is perfectly reasonable to expect people to have continuous 12-month residency in the UK before they benefit from UK taxpayers’ money for their legal aid.

Gavin Robinson (Belfast East) (DUP): On legal aid and any potential change, has the Minister turned his mind to the disparity involved when one parent abuses the legal aid available to them in order to get an upper hand in contact cases with their children while the other parent has to self-finance?

Mr Vara: There are, of course, rules and regulations as to who qualifies and who does not. I cannot comment on specific individual cases, but the Legal Aid Agency does try to make sure that it is only those who qualify who get the assistance it provides.

Karl Turner (Kingston upon Hull East) (Lab): In June, the Justice Secretary criticised what he called the two nation justice system, but restricting civil legal aid according to how long an individual has lived in this country clearly widens the gap between those afforded access to justice and those not. The residence test would have denied justice to the family of Jean Charles de Menezes. Does the Minister think that that is right, and if not, will he drop the two nation justice policy of the Justice Secretary’s predecessor?

Mr Vara: The hon. Gentleman needs to appreciate that we have had to take tough measures. It is vital, and the British people in their millions rightfully say that they want overseas people to have some connection with the UK before getting use of the taxes that they pay. The residence test has gone through the court process to the Court of Appeal, and if it goes further, the Government will object and robustly defend our stance on the residence test.

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HM Courts and Tribunals Service

6. Huw Irranca-Davies (Ogmore) (Lab): What plans he has to reform HM Courts and Tribunals Service. [902598]

10. Henry Smith (Crawley) (Con): What plans he has to modernise the courts and tribunals system. [902602]

17. Alex Chalk (Cheltenham) (Con): What plans he has to modernise the courts and tribunals system. [902610]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): I am delighted that we have secured over £700 million of funding to invest in our courts and tribunals. We have worked closely with the senior judiciary to develop a plan to reform our courts system so that it delivers swifter and fairer justice for everyone in England and Wales at a lower cost.

Huw Irranca-Davies: My constituents in Ogmore face the closure of two local courts: one at Pontypridd in the neighbouring constituency and one in Bridgend. How does the Minister respond to the president of the Law Society, Jonathan Smithers, when he warns that:

“Combined with the further planned increases in court fees and reductions in eligibility for legal aid, many of the proposed closures will serve to deepen the inequalities in the justice system between those who can and cannot afford to pay.”?

Mr Vara: It is important in the 21st century that we recognise that a third of the 460 court and tribunal buildings are utilised at a rate of less than 50%. Many of the buildings are not fit for purpose, are listed or are not in compliance with equalities legislation. There is a host of problems and the cost of running the buildings is phenomenal. We need a reformed, up-to-date and modern courts system, and I assure the hon. Gentleman that it will provide access to justice for all.

Henry Smith: I thank the Minister for his answer. Does he agree that it is high time, as we are in the 21st century, that we updated outdated court practices, with particular regard to the way in which those with learning disabilities are treated in the system?

Mr Vara: Absolutely. As a consequence of the £700 million investment that we received in the spending review, we have a once-in-a-generation opportunity to create a modern, user-focused and efficient Courts and Tribunals Service. Reform of the service is crucial to enable much more efficient access to justice for everyone, including people with learning difficulties. In the one nation Britain that we seek, we want to ensure that everyone has access to all the public facilities on offer.

Alex Chalk: As part of the Government’s welcome courts modernisation plans, Cheltenham magistrates court can expect to hear cases from across Gloucestershire, not just from Cheltenham. What measures will be taken to ensure that such courts have the physical and staffing resources they need to deal with the increased case load?

Mr Vara: It is already the case that all magistrates court work in Gloucestershire that requires custodial facilities is heard at Cheltenham magistrates court. Should more work be moved to Cheltenham following the outcome of the consultation, the Courts and Tribunals Service will continue to assess the resources that are available at the court to ensure that they meet operational requirements. I should, however, emphasise that no decisions have yet been taken regarding magistrates courts in Gloucestershire.

Andrew Gwynne (Denton and Reddish) (Lab): My constituents in Stockport would probably understand where the Minister is coming from, were their courthouse not down for closure. It is one of the busiest in Greater Manchester, was refurbished as recently as 2010 and has specialist facilities for witness support and protection. Is this not a short-sighted move by the Ministry of Justice? Will he now save Stockport courthouse?

Mr Vara: There is nothing short-sighted about having a consultation, the purpose of which is to allow people such as the hon. Gentleman and his constituents to have their say and try to persuade us that, all things considered, the court should be retained. As I said, no decisions have been taken and we are carefully considering all the submissions.

Mr Dennis Skinner (Bolsover) (Lab): I listen to Tory MPs and Ministers talking constantly about localism. How can this be a form of localism, when people are having to travel 50 or 60 miles to get justice, instead of going to the local court? It is nothing but hypocrisy.

Mr Vara: I have the utmost respect for the hon. Gentleman, but may I gently bring him into the 21st century, which he may not be familiar with? We will ensure that with modern technology such as video-conferencing and telephone facilities, people will have access to justice without having to go to court. Access to justice does not mean simply attending a court and the physical building that it represents.

22. [902616] Mary Robinson (Cheadle) (Con): I understand the rationale behind court modernisation, as it will help to create a more streamlined and responsive justice system while generating substantial savings for the taxpayer, and I am grateful to the Minister for meeting me to discuss the proposed closure of Stockport court, which is a mutual interest. Following our conversations, will he provide an update on that court’s future, and say whether the proposals that I presented to him, which would mean that that court remained viable, have been considered?

Mr Vara: My hon. Friend is right to say that we have met. With this proposed closure of 91 courts, I have tried to make myself available to as many colleagues as possible—as far as I am aware, I have met every person who wanted a meeting. I am seriously considering my hon. Friend’s proposals, and I am grateful to her for submitting them.

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Legal Aid

14. Mims Davies (Eastleigh) (Con): What plans he has to reform legal aid; and if he will make a statement. [902606]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): In the past five years, we have taken action to put the country’s finances back on track, while protecting legal aid for those who need it the most. Legal aid remains a vital part of our justice system, and we must ensure that it is sustainable and fair for those who need it and those who provide legal services, and fair for the taxpayer. I am pleased that the recent spending review led to no further reductions in criminal legal aid.

Mims Davies: All victims of domestic violence must be fully supported in freeing their lives from this menace. Does the Minister agree that it is vital to maintain full access to justice for victims of domestic violence all the way through the legal system?

Mr Vara: Yes, I do agree with my hon. Friend, and we have made sure that legal aid remains available for victims of domestic violence who need it. We have also made recent changes making it easier to obtain legal aid in cases where domestic violence is a factor, and we have made sure that once legal aid is granted, no further applications need be made for the duration of the case.

Christian Matheson (City of Chester) (Lab): Chester is a city for the legal industry and the legal sector. I am told that numerous criminal legal aid solicitors have been forced out of business or forced to amalgamate with large national firms, while barristers on the Chester circuit are being forced to subsidise access to justice in legal aid cases because they are not getting paid enough through the current legal aid system. Will the Minister review his changes to legal aid, and perhaps deal with them in the same way as the criminal courts charge—by reversing the disastrous changes made in the first place?

Mr Vara: We have a legal aid budget of £1.6 billion, which is one of the largest in the world. By comparison with other common law jurisdictions such as Australia, Northern Ireland and Canada, we have double the expenditure per inhabitant. We have started a process and we will see it through. I can assure the hon. Gentleman that those in need of legal aid will be able to have it where it is necessary.

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Civil Court Fees

16. Daniel Zeichner (Cambridge) (Lab): What assessment he has made of the effect on court users of recent changes in civil court fees. [902609]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Government are monitoring data on case loads and fee income from the civil courts, but it is too early to draw any firm conclusions. We will continue to keep the impact of fee changes under review. We recognise that fee increases are not popular, but at every stage we have sought to protect the most vulnerable by ensuring that they will not have to pay new and higher fees. In the current financial climate, it is only right that we are considering every option to raise fees to meet the budgetary challenges that we face.

Daniel Zeichner: In March 2015, the court issue fee for a £200,000 claim was raised by more than 600%, from £1,500 to £10,000. Does the Minister appreciate the impact of that on small start-up companies, of which there are many in my constituency, and will he assure those companies that there will be no further rise after the current consultation?

Mr Vara: It is important for the hon. Gentleman to recognise that the court system needs to be properly funded. However, we have a very effective remission system, and those who cannot afford the fees do not have to pay them. He should also bear in mind that court fees amount to a tiny fraction of the total amount of legal fees that are incurred.

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Topical Questions

T6. [902588] Huw Irranca-Davies (Ogmore) (Lab): Further to my earlier intervention, may I simply remind the Minister of the tens, if not hundreds, of thousands of pounds that have been spent in recent years on the courts in Pontypridd and Bridgend? He urges me to consider the upgrading. They have been upgraded; do not close them.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): Access to justice comes in various forms. An African chief justice who visited me earlier this year told me that he wanted a justice system in which the people living in the villages outside the capital city could access their courts through their mobile phones. That is how the world is progressing, and we have to ensure that we keep pace with it. We will keep the majesty of the court building for those serious cases that require it, but we also need to recognise that modern technology requires different forms of communication, and that access to justice is not what it used to be in the past.

Peter Aldous (Waveney) (Con): I would be grateful if the Minister could confirm that his Department is giving full consideration to the compelling, evidence-based and locally produced case for Lowestoft magistrates court to remain open.

Mr Vara: I have met my hon. Friend and debated this matter with him, and I can assure him that we are giving serious consideration to all the information that he and his colleagues have given us regarding his local court.

Lucy Frazer (South East Cambridgeshire) (Con): Our courts system not only provides effective justice to us domestically, but is the forum of choice for much foreign litigation. When considering the civil courts charge, will the Secretary of State ensure that our courts remain not only effective places for the resolution of domestic litigation, but at the forefront of international dispute resolution?

Mr Vara: My hon. and learned Friend makes a good point, but I think she also ought to bear in mind that the reason why people come to Britain for their litigation is not because of the fees, but because of the expertise we offer, the impartiality of our judges and the fact that UK law is used by a large part of the world as well.

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7 December 2015

Shailesh Vara answers questions on issues relating to his Work and Pensions portfolio including the trial of locating jobcentre advisers in local communities and efforts to encourage people on low pay to progress through training.

Jobcentre Advisers: Food Banks

4. Diana Johnson (Kingston upon Hull North) (Lab): What assessment he has made of the effectiveness of the trial of locating jobcentre advisers at food banks. [902562]

10. Mr David Hanson (Delyn) (Lab): What assessment he has made of the effectiveness of the trial of locating jobcentre advisers at food banks. [902569]

The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara): Jobcentre work coaches undertake outreach work every day in local communities and have recently been helping people with back-to-work support and advice at the Lalley Welcome Centre in Manchester, where a food bank sits alongside other support services. The test is at an early stage and the Department will make the findings public in due course.

Diana Johnson: Despite the fall in unemployment, many working families across the country will be relying on food banks this Christmas. I pay tribute to Sarah Sidwell and her staff at the food bank in Hull. Is putting jobcentre staff in food banks not actually an acknowledgement of the shambolic nature of the benefits system, which is affecting people? Should the Minister not think very long and hard about sorting out the system rather than applying a plaster and putting jobcentre staff in food banks?

Mr Vara: May I gently remind the hon. Lady that we were invited, at the request of Sister Rita, to go to Lalley Welcome Centre, which also hosts other agencies? I might also say to the hon. Lady that that particular centre has a job club, which makes eminent sense. I presume she does not object to that. If she is happy to have a job club there, why on earth does she object to our going there to help people when we have been invited to go there?

Mr Hanson: Will the Minister confirm whether Lord Prior will join in the evaluation of services at that job centre and food bank? As the Minister will know, Lord Prior has indicated that obesity seems to be a problem, rather than poverty. Will the Minister confirm whether the evaluation will include an examination of the reasons why sanctions and benefit delays cause problems for those going to food banks?

Mr Vara: There are now fewer delays in getting benefits than there were under the Government in which the right hon. Gentleman served. The number of JSA applications is down compared with 2009-10, as is the number of ESA applications.

Heidi Allen (South Cambridgeshire) (Con): From my point of view, there is great potential in co-siting jobcentres and food banks if it is done in the right way. On a related subject, can the Minister envisage a future in which jobcentres and councils are co-located across the country?

Mr Vara: I am happy to confirm to my hon. Friend that that is already happening.

Kevin Foster (Torbay) (Con): In relation to this trial, has the Minister noticed today’s report in the Western Morning News, which says that food bank usage has dropped by 25% in Devon and Cornwall? Does he agree with the Trussell Trust that that is

“a sign that economic recovery is giving more people access to secure work”?

Mr Vara: It is always good to have external endorsement of what the Government are doing. That is just clear evidence that the Government’s long-term plan is working.

Frank Field (Birkenhead) (Lab): May I report to the Minister the progress in Birkenhead? A benefits adviser has been working in the food bank there, and the number of people having to come back for a second bag of food has dropped by 65%. Whenever the Secretary of State refers to this experiment, he talks about “benefit advisers”, while other senior people in the Department talk about “work coaches”. Might the Minister persuade the Secretary of State to say that his phrase is not an offensive one? If someone who is hungry thinks that the person at the food bank is a work coach, it might put them off going to the food bank in the first place?

Mr Vara: Both terms are applicable. May I just say that we should not get bogged down in the terminology? The important thing is to make sure that people actually have support to get them back to work. As we just heard in the quote from my hon. Friend the Member for Torbay (Kevin Foster), our long-term plan is working. We want to make sure that as many people as possible are in work so that they do not have to resort to food banks.

Emily Thornberry (Islington South and Finsbury) (Lab): Is the Minister surprised that the Secretary of State has never bothered to visit a food bank? Presumably, people in his Department have spoken to people in food banks. The message we get loud and clear from people in food banks is that the most important thing the Department can do is to fix its broken system of sanctions and stop benefit delays.

Mr Vara: It is always helpful if, when Front Benchers say things at the Dispatch Box, they are accurate. My right hon. Friend the Secretary of State has visited food banks. As far as sanctions are concerned, may I just tell the hon. Lady that the Oakley review said that 71% of people found sanctions helpful in encouraging them to find jobs?

 

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Low Pay and Training

5. Neil Carmichael (Stroud) (Con): What steps he is taking to encourage people on low pay to progress through training. [902563]

The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara): For the first time, universal credit will support claimants in work to earn more. Work coaches will provide tailored support to claimants on low wages to improve their pay. To help to develop our package of support for people in work, we are implementing a comprehensive test and learn strategy to understand better the impact that labour market policies can have on helping people on low incomes to get jobs in which they earn more.

Neil Carmichael: Does the Minister agree that having a high-skill, high-pay economy is exactly the way to drive up productivity and, crucially, social mobility, which is the key thing underpinning the Government’s strategy?

Mr Vara: I am most grateful to my hon. Friend for making that point. The latest figures show that the employment rate for young people who have left full-time education is above the UK average and is at its highest level for a decade at 74.3%.

Neil Coyle (Bermondsey and Old Southwark) (Lab): Low pay and training needs affect many disabled people. Two years ago, almost to the day, the Department announced the extension of the Access to Work programme to disabled people seeking training, internships and apprenticeships. How many people have benefited from that scheme and when will we hear about its progress?

Mr Vara: We are very close to record levels as far as that initiative is concerned. As I said earlier, our long-term economic plan is continuing. While I am at the Dispatch Box, may I say that the House has considerable sympathy with all that the hon. Gentleman and a lot of his colleagues are going through?

Stewart Malcolm McDonald (Glasgow South) (SNP): May I pay tribute to your office, Mr Speaker, for the way in which it has combated exploitative internships, which are often unpaid and are used to exploit many young people? Many people begin their career progression with an internship. Will the Minister outline what the Government are doing to ensure that young people are not exploited through long-term unpaid internships?

Mr Vara: As I have said, the facts prove that young people are getting into jobs a lot more than they did before—certainly more than when the Labour party was in government.

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Universal Credit (Payment Arrangements)

11. Owen Thompson (Midlothian) (SNP): What assessment he has made of the potential effect of paying universal credit to households rather than individuals or women experiencing financial abuse. [902570]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): For a minority of claimants, including women who may be victims of financial abuse, alternative payment arrangements can be made. We can split payments to members of the household, where necessary, under universal credit. Furthermore, jobcentre staff are trained to identify vulnerable claimants and can signpost individuals, at their request, to local domestic abuse support organisations for further help and support.

Owen Thompson: Research carried out earlier this year by the Trade Union Congress and Women’s Aid, “Unequal, Trapped and Controlled”, found that universal credit had far-reaching implications for women experiencing financial abuse and, in particular, that the single household payment could leave women and their children in financial hardship. Current arrangements could make it difficult for victims to declare the need for a single household payment for fear of their abuser finding out. Will the Secretary of State commit to asking all claimants automatically if they require an alternative payment arrangement, including the choice of paying their landlord directly, to ensure that women and children are protected from destitution and homelessness?

Mr Vara: The hon. Gentleman raises an important point. I think we all agree that there is no room for domestic violence or abuse in a civilised society in the 21st century. Advisers are well trained and look out for victims. They look at who has care and responsibility for children and, where appropriate, can split payments or make them more often than once a month—certainly they can be treated differently from those in normal circumstances.

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Topical Questions

Nick Thomas-Symonds (Torfaen) (Lab): At the election, the Conservative party promised to exempt pensioners from their proposed benefit freeze, yet as a consequence of the autumn statement some 400,000 of those on pension credit will see their benefits cut, and 800,000 will see it frozen. [Interruption.] There is no point in Ministers looking puzzled; I would have thought they would have learned to read the small print of the Chancellor’s economic statements by now. How can it be right, when three quarters of pensioners are facing a choice between heating and eating this Christmas, to be taking more than £100 a year away from so many older people?

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The hon. Gentleman really must move away from student politics. This Government have done more for pensioners than any other Government. They are benefiting more now than they would have under any system introduced by the Labour party. The triple lock is making sure they have more money. We have also maintained a lot of the universal benefits. So we on this side of the House will take no lectures from those on that side of the House.

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T8. [902555] Ian Blackford (Ross, Skye and Lochaber) (SNP): I was delighted to hear from the Minister about all the work that the Government are doing for pensioners. In the light of the Pensions Minister’s announcement that they have finally conceded and announced a review of how rises in the state pension age should progress, will they now right the wrong that has been done to hundreds of thousands of women in this country? Does he recognise that this issue has to be addressed, as the Women Against State Pension Inequality—WASPI—campaign has said, to ensure that women are not pushed into poverty?

Mr Vara: When the Pensions Act 2011 was passing through Parliament, the Government made a concession worth £1.1 billion that reduced the period concerned from two years to 18 months. For 81% of the women concerned, the period will not be extended, and will be a maximum of 12 months. I am sorry to tell the hon. Gentleman that this Government have no plans to make any further concessions.

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3 December 2015

Shailesh Vara, Member of Parliament for North West Cambridgeshire, has welcomed the decision by the Planning Inspectorate to refuse planning permission for the proposed traveller site along Straight Drove, Farcet, in Huntingdonshire.

The site was subject to a planning application in October 2012 for two traveller sites each with two caravans, additional family room caravan and facilities block which would have accommodated two extended traveller families. The local planning authority, Huntingdonshire District Council, refused the application in September 2014 and following this an appeal was submitted to the Planning Inspectorate by the applicant. A public hearing took place in August 2015 which included a site visit.

In his decision, the Inspector, Mr Mark Dakeyne, considered that the factors weighing in favour of the traveller site were outweighed by the overriding concerns he had about the impact of the proposal on the residents of Conquest House; a facility providing supported living for residents with learning disabilities and mental health issues.

Mr Vara commented:
“I am very pleased that the Planning Inspector has dismissed the appeal for the proposed traveller site along Straight Drove, Farcet. This is the right decision and it will be welcomed by local residents.

There has been significant local opposition to the plans for more than 3 years and it is good to see that common sense has prevailed.”

10 November 2015

In his role of Minister for Courts, Shailesh Vara responds to a back bench MP’s debate on the closure of the court in Buxton.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): It is a pleasure to serve under your chairmanship, Ms Vaz. I believe it is the first time that I have done so. I congratulate my hon. Friend the Member for High Peak (Andrew Bingham) on securing this debate. As he said, we have known each other for many years, and I have always known him to be a diligent and conscientious Member of Parliament. His response to the consultation does him enormous credit, and his constituents should be proud of him. He spoke in the main Chamber when we had a debate there, and he and I have spoken about this issue on several occasions, as well as corresponding. He secured this debate, and there is a meeting to follow. His constituents cannot fault him for his sterling work in representing them.

My hon. Friend referred to a number of inaccuracies, and was unhappy with the apology given. I unreservedly and sincerely apologise for the inaccuracies in the consultation, and I add that whenever such inaccuracies have been brought to our attention, we have sought to clarify them as quickly as possible. I have before me a letter, which is dated 30 July and was sent to a number of people, from Lucy Garrod, the midlands delivery director. She refers to the absence of a lift and the travel times used as a guide, and specifies how the utilisation figures were calculated, simply saying that there were 248 sitting days every year and the calculations were made on the basis of five-hour days.

My hon. Friend the Member for Macclesfield (David Rutley), who generously said, “Hear, hear” during the comments made by my hon. Friend the Member for High Peak, made a very good contribution, referring to travel times and costs. We envisage a modern 21st-century court structure in which people do not travel as much as they do now. I will come to that a little later.

Notwithstanding the inaccuracies, which we have sought to clarify as quickly as possible, I believe that there is merit in including these two courts for consideration in the consultation. The world outside the courts is changing rapidly. When we speak of access to the courts, we must acknowledge how the 21st century is progressing. People expect to be able to transact their business online, quickly and efficiently, at a time that suits them, and modern technology allows them to do so. Cheques and paper forms have been replaced by contactless payment cards and smart apps, while shopping for almost anything can be done from the comfort of one’s home. It is such technology that gives us an opportunity to invest in our courts and modernise them to meet the present and future requirements of court users and improve the delivery of justice.

Such improvement cannot be secured without difficult decisions. We must recognise that one third of our courts are used at less than half their capacity. As we have been told, the utilisation of Buxton magistrates and county court in the last financial year was approximately 27%, and operating costs were approximately £88,000, excluding staff and judicial costs. When such utilisation figures incur such costs, we must ask in the interests of the taxpayer whether we are using that money effectively.

We must also appreciate that the way in which the public access our courts is changing rapidly. Access to justice need not happen only by attendance at a conventional court building. For example, we are exploring whether there are opportunities to hold hearings in local buildings, which would help just as effectively to maintain a local presence for justice. There is already proven technology in my hon. Friend’s constituency: a video conference facility is available at Buxton citizens advice bureau, and the police already give evidence via live links to courts in the west midlands. The citizens advice bureau with the video conferencing facility is just across the road from the court, but it could just as well be five, 10 or indeed 25 miles away. Through that facility, the courts can be accessed.

Our reform programme must also be considered in the wider context of our plans to transform how courts and tribunals operate and deliver services to the public. As my right hon. Friend the Lord Chancellor and Justice Secretary has said, the reform of the Courts and Tribunals Service offers a once-in-a-generation opportunity to create a modern, user-focused and efficient service.

Many people encounter our justice system when they are at their most vulnerable, when they are a victim or a witness in a criminal case, or as an individual, business or family trying to resolve a dispute. We must ensure that we make better use of technology to provide easier access to a more responsive system, with swifter processes and more proportionate services. Front-line staff work incredibly hard to provide a high-quality service to the public. However, they and our customers are often poorly served by the infrastructure supporting the administration of a system in desperate need of improvement.

Of course we must respect our traditions, and we must ensure that there is a place for the most serious cases in the courts in the traditional way. However, progress towards a more proportionate approach to court attendance would eliminate wasted time and enhance confidence in the administration of justice. We have a duty to offer more convenient and less intimidating ways for citizens to interact with the justice system while maintaining the court’s authority for serious cases.

Andrew Bingham: I am sure that the Minister will come to this in his closing remarks, but he mentioned convenience. Will he address the issue that I raised about the potential of going to Stockport instead of Chesterfield? As I said, Chesterfield is completely and totally inconvenient. If the Government are to pursue that path, which I believe is wrong, will he at least give me some indication that despite the regional and county boundary, Stockport will be given serious consideration as an alternative?

Mr Vara: I can certainly give my hon. Friend that assurance, and I can tell him that we are crossing borders and boundaries wherever necessary. He has made a powerful case for Stockport as an alternative. My officials are at hand, and I will personally see to it after this debate that they seriously consider that option.

I am mindful of the time restriction. I will round up by saying that we propose a reform programme fit for the 21st century. It is our intention that modern technology should make it unnecessary for many people who currently go to court to do that. That includes lawyers, who at present can find themselves hanging around at court for hours to have a 10-minute hearing before a judge. We envisage two sets of lawyers booking a 10-minute slot with a judge, who can then have a video conference or a telephone conference.

The world has moved on, and we must move on with it. The Lord Chancellor and I face difficult decisions. Many people have responded to the consultation. Generally speaking, the consultation has had more than 2,000 replies from members of the public and the legal fraternity. It will not be easy to take decisions, but I assure my hon. Friend that all his contributions, including the comments that he has made in this debate, will be considered seriously when we come to those decisions. I congratulate him again on securing this debate.

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3 November 2015
Shailesh Vara answers questions  from back  bench MPs on issues including people representing themselves in court and reforming the court and tribunal estate.

Litigants in Person

6. Ian C. Lucas (Wrexham) (Lab): What assessment he has made of trends in the number of litigants in person since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect. [901962]

12. Susan Elan Jones (Clwyd South) (Lab): What assessment he has made of trends in the number of litigants in person since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect. [901969]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): It has long been the case that some people represent themselves in courts. The proportion of individuals with legal representation has remained broadly stable in recent years, except in private family law cases where we have seen an increase in cases in which neither party has had representation. This year, we are investing in a new strategy designed to provide more support to litigants in person. Judges, magistrates and legal advisers are well equipped to support litigants in person through the court process.

Ian C. Lucas: It seems the Minister, in the company of the head of the Courts Service, is alone in thinking there is no crisis because of the increase in the number of litigants in person in our legal system. If the Minister really wants to know what is going on, will he commission an anonymous survey of district judges and court clerks to find out the truth of the crisis in our court system that is happening as we speak?

Mr Vara: I remind the hon. Gentleman that we have had to take very tough decisions, which his colleagues would have continued had they been in government. The Government have invested £2 million to ensure greater support for litigants in person.

Susan Elan Jones: The Secretary of State and other Ministers will be aware of the concerns raised by the Justice Committee, the National Audit Office and others regarding litigants self-representing. Will the Department bring forward, from 2017, the planned review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012? It is sorely needed.

Mr Vara: We have said before that the LASPO Act will be reviewed within three to five years of its implementation. Let us be absolutely clear: we still have, notwithstanding the reductions, one of the largest budgets for legal aid expenditure in the world.

Mr Jonathan Djanogly (Huntingdon) (Con): There are longstanding and very important issues relating to litigants in person that go back much further than the LASPO Act. What actions are the Government taking to simplify and demystify the court process, and to take away the complicated legalities that make it so difficult for litigants in person?

Mr Vara: I pay tribute to my hon. Friend, who was a very distinguished Minister in the Ministry of Justice not so long ago. He is absolutely right. The concept of litigants in person is not new: it has applied for many years, indeed decades. To demystify the court process, we have put better processes in place—online guidance, guidance from court officers and judicial training—to ensure as much support from the judiciary and other legal advisers as possible.

John Howell (Henley) (Con): With the growth in litigants in person there has been a growth in McKenzie friends. There are two types: those who provide backgrounds to unfamiliar settings and those who act effectively as lawyers and charge for their services. What is the Minister going to do about the latter?

Mr Vara: The concept of McKenzie friends is relatively new. [Hon. Members: “No, it’s not.”] I said relatively new. We are keeping an eye on advice and what fees, if any, are being charged.

Karl Turner (Kingston upon Hull East) (Lab): In the first quarter of the year, at least one party was not represented in 76% of private family cases, while the Master of the Rolls has warned that civil courts are experiencing significant impacts from the rise in the number of litigants in person. Part 1 of LASPO has been an unmitigated disaster. Will the Justice Secretary now bring forward the much-needed review of LASPO to mitigate the shambles of his predecessors?

Mr Vara: The hon. Gentleman refers to family courts. Being relatively new to his post, he might wish to reflect on the comments made by his colleagues, particularly the hon. Member for Hammersmith (Andy Slaughter), as reported in the Law Society Gazetteon 24 September:

“Slaughter conceded that the Labour party would have been forced to make cuts to family law funding and promote mediation as a cheaper option. He added that a Labour government would seek to promote and improve mediation services on offer.”

The article also said—[Interruption.] It is understandable that Opposition Members do not want to hear the truth, but I am quoting one of their own colleagues—[Interruption.]

Mr Speaker: Order. I want to hear about this article. Let us hear it.

Mr Vara: I am sure that other Members, along with you, are keen to hear it, Mr Speaker.

The article quoted the hon. Gentleman as saying:

“‘We’re not going to get in a Tardis and go back to before,’ he said. ‘We are in a world where resources are tight and it would not be right to pretend otherwise.’”

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Court and Tribunal Estate

9. Matthew Pennycook (Greenwich and Woolwich) (Lab): What plans he has to reform the court and tribunal estate; and if he will make a statement. [901965]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Courts and Tribunals Service reform programme is once-in-a-generation opportunity to create a modern, user-focused and efficient service. As part of that programme, I announced on 16 July proposals for reform of the court and tribunal estate. The consultation closed on 8 October, and I shall carefully consider all responses before taking forward any decisions.

Matthew Pennycook: Two courts in my constituency, Greenwich magistrates court and Woolwich county court, face closure under the Government’s proposals to reform the HMCTS estate. Although I do not dispute that there can be a case for the closure of under-used or inadequate facilities in some cases, I am extremely concerned that these proposals will further restrict access to justice for my constituents, particularly older people and those on low incomes who may face far longer journey times. Will the Minister guarantee today that in constituencies such as mine that face court closures, a local HMCTS presence will be retained?

Mr Vara: First, may I thank the hon. Gentleman for his contribution to the consultation, which I read very carefully? He acknowledges in his submission that there are alternative methods, such as the use of alternative premises on a part-time basis. Access to justice does not mean physical presence in terms of attending a court. Modern technology such as video conferencing, teleconferencing and a variety of other methods is used in a variety of other sectors, so there is no reason why we should not be looking at that in terms of the court structure.

Richard Fuller (Bedford) (Con): Given that the consultation has now closed, will my hon. Friend commit to publishing a detailed financial analysis of the cost savings in each court area identified, and publish any errors in fact that have been highlighted in the consultation documents?

Mr Vara: I am grateful to my hon. Friend for his contribution. He has been very diligent in all that he speaks for in his constituency. We will, of course, abide by all the rules that Governments have traditionally followed in publishing information as and when necessary.

Liz Saville Roberts (Dwyfor Meirionnydd) (PC): I am sure I do not need to remind the Minister that the Welsh Language Act 1993 requires his Department to consider the impact of new policies on the Welsh language. Will he commit to undertake and publish a Welsh language impact assessment before deciding on the future of courts in Wales?

Mr Vara: I announced the consultation on 16 July and it has now closed. If the hon. Lady wishes to provide me with further information, I assure her that it will still be taken into account.

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Topical Questions

Alberto Costa (South Leicestershire) (Con): In evidence to the Justice Committee in July, the Secretary of State confirmed that his Department would be undertaking a review of the Legal Services Act 2007. Can he please confirm today if a date has been set for that review, and if not when the date of the review will be set?

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): I am grateful to my hon. Friend for that question and he is right that my right hon. Friend the Lord Chancellor and Secretary of State for Justice did say to the Justice Committee that there would be a review of the regulation of the legal services sector as well as the 2007 Act. Clearly this is something we need to give consideration to. It will happen within this Parliament and the House will be informed in due course of the exact scope and timeframe.

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Nicola Blackwood (Oxford West and Abingdon) (Con): Does the Minister agree that specialist courts for crimes with high reoffending rates like drugs and sexual offences can offer a number of benefits if implemented correctly, not only by reducing those reoffending rates but also by more sensitive handling of vulnerable witnesses, which can lead to better evidence and fewer cases collapsing?

Mr Vara: My hon. Friend is absolutely right to say that specialist courts can lead to a reduction in reoffending. Indeed, my right hon. Friend the Lord Chancellor recently visited the United States, where there is evidence that reoffending does diminish with specialist courts. We will be taking on board whatever we can learn to put into practice in the UK.

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Anne McLaughlin (Glasgow North East) (SNP): Legal aid was withdrawn from refugees who safely reached these shores and needed to be reunited with their families because this was deemed to be a straightforward process. The British Red Cross report entitled “Not So Straightforward” indicates that that is not the case. Has the Secretary of State read the report? Will the Government reintroduce legal aid or will they simplify the process so that legal aid is not required and the process in in fact straightforward?

Mr Vara: I am grateful to the hon. Lady for raising the issue of legal aid again. As I said earlier, we have committed to having a review of the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. That will be carried out within three to five years of its implementation, but we do keep a watching eye on matters as they evolve.

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Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op): A constituent of mine is seeking an appeal against an immigration refusal but has been waiting six months. Another has a family member who was given leave to appeal this June and has a date for a tribunal hearing next May. What is the Secretary of State doing to reduce these unreasonable waits?

Mr Vara: As a consequence of the Immigration Act 2014, we anticipate the number of appeals going down. We are keeping an eye on the numbers and at the moment we do not see a particular concern, but if there is one, we will make sure that there are more sittings.

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Michelle Donelan (Chippenham) (Con): The Minister will be aware that the future of Chippenham’s courthouse is currently with the HM Courts and Tribunals Service consultation and that Swindon courthouse is in desperate need of renovation. While that work is carried out, Chippenham is perfectly placed to provide the ideal location. May I urge him to consider that key fact when the future of Chippenham’s courthouse is determined following the consultation?

Mr Vara: I assure my hon. Friend that no decisions have been taken with regard to the consultation and that I will be considering very carefully what she has just said as well as all the other submissions that will be made.

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2 November 2015
Shailesh Vara answers back bench MPs’ questions on subjects including the availability of pension advice and auto-enrolment for private sector pensions.

Pension Advice

1. John Mann (Bassetlaw) (Lab): What estimate he has made of the number of pensioners accessing up-to-date pension advice from his Department. [901922]

The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara): The Department itself does not give advice. Regulated financial advice can be given only by a Financial Conduct Authority-authorised adviser. Pension Wise, set up by the Government, offers free, impartial guidance to people aged over 50 with defined contribution pensions. So far, over 20,000 people have received a guidance appointment since April 2015.

John Mann: Twenty thousand is a drop in the ocean, considering the enormity of the changes. How will the Government ensure that pensioners are getting good, sound advice—and quantify that they are—in order that pensioners are not ripped off by people advising them badly and therefore lose out in future years?

Mr Vara: May I bring the hon. Gentleman into the 21st century? There have been over 1.5 million visits to the Pension Wise website. We are confident we will make sure that the public are aware of what Pension Wise has to say, and that people can access the website or have face-to-face, telephone or online interviews.

Mr Philip Hollobone (Kettering) (Con): I am getting a growing number of inquiries from women in their early 60s who seem to be unaware of the changes to the retirement age. I am worried that these ladies have not been contacted by the relevant Department and seem to be unaware that their retirement date will be rather later than they had imagined. What can be done to help them?

Mr Vara: My hon. Friend makes a very good point. May I put on the record the facts and circumstances? Between April 2009 and March 2011, the Department proactively mailed all women born between 6 April 1950 and 5 April 1953, informing them of their state pension age under the Pensions Act 1995. Following the 2011 changes, the Department wrote to all individuals directly affected to inform them of the change to their state pension age. Sending mail to those individuals, who are due to reach state pension age between 2016 and 2026, was completed between January 2012 and November 2013.

Nick Thomas-Symonds (Torfaen) (Lab): Ministers will be aware of the recent Work and Pensions Committee report, which contained stark warnings about pension scams since the advent of pensions freedoms and about the risk of people being conned out of their life savings. I am sure that Ministers are also aware of the recent survey showing that one in seven over-55s—about 1 million people—have been targeted by pension scams since April, when the pensions freedoms were introduced. Will the Minister reassure the House that he takes the Work and Pensions Committee report and the findings of the survey very seriously, and will he outline what the Government intend to do to protect people from fraudsters?

Mr Vara: I assure the hon. Gentleman that we do take this issue very seriously. That is why we set up Pension Wise. Let me make it absolutely clear: the Government are not complacent about scams. We are making sure that the public are aware of how to detect a scam, how to deal with it and how to report it. The two regulators are also working with us. Indeed, the hon. Gentleman will find that the Pension Wise website and those giving guidance do advise people on how to deal with scams.

Mr James Gray (North Wiltshire) (Con): I was about to ask the same question as the Minister just answered. May I take this opportunity to say to him that a large number of my constituents are being badly affected by scams, particularly over the internet? This is a matter of great concern. I am delighted that the Government have taken such strides to deal with it.

Mr Speaker: As I have often had cause to observe, repetition in the House of Commons Chamber is not a novel phenomenon.

Mr Vara: I refer to my previous answer.

Kevin Foster (Torbay) (Con): As it is one of the best places in the UK to retire, many people in Torbay welcome the freedoms that are being created, but they do need to be protected from scams, as has been mentioned. What steps is the Minister taking to ensure that pensioners can access the advice they need before making a crucial decision about their future?

Mr Vara: Pension Wise is there to give impartial and free advice. When necessary, it will direct people towards professional advisers. The Money Advice Service has on its books a directory of some 2,300 firms throughout the country. In Scotland, there are 162 firms. The total number of advisers is more than 6,000. We are trying to make sure that the public have proper access whenever advice is required.

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Private Sector Pensions

3. Henry Smith (Crawley) (Con): What assessment he has made of the effect of auto-enrolment on private sector pension saving. [901924]

18. Pauline Latham (Mid Derbyshire) (Con): What assessment he has made of the effect of auto-enrolment on private sector pension saving. [901940]

The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara): Since the gradual introduction of automatic enrolment began in 2012, participation in workplace pension saving in the private sector has increased by 21 percentage points, from 42%, or 5.9 million workers, in 2012, to 63%, or 9.2 million workers, in 2014.

Henry Smith: Will my hon. Friend join me in congratulating B&CE, based in my constituency, on so expertly rolling out its people’s pension, an important provision for workers across the country?

Mr Vara: I am happy to congratulate B&CE on its people’s pension product and the work it does. It is important that the roll-out of automatic enrolment receives as much support as possible so that people can make choices that are right for them. I also commend my hon. Friend for his excellent work, which was evident when I visited his constituency.

Pauline Latham: On 4 December, I will hold my second workplace pensions event in my constituency. Does my hon. Friend agree that small businesses need to advise their employees about the pension changes, and what efforts are his Department making to ensure they do?

Mr Vara: I congratulate my hon. Friend on her efforts in helping to spread the important message about this groundbreaking reform. I agree that small businesses need to advise their employees of the changes, which is why the Government have launched a new national communications campaign for small and micro-employers, as well as for individuals.

Kelvin Hopkins (Luton North) (Lab): Would it not be much more sensible, financially secure and efficient and beneficial to pensioners to establish a compulsory state earnings-related pensions scheme for all, with defined benefits, in place of the Government’s auto-enrolment scheme?

Mr Vara: It is important that we get people to recognise they need to think about the future. Some 10 million eligible people will qualify for auto-enrolment, of whom 9 million will be saving more or saving for the first time. I am also happy to say that 3 million to 4 million of them are women.

Ian Blackford (Ross, Skye and Lochaber) (SNP): We on the SNP Benches are happy to support the Government’s policy of auto-enrolment, as we think it important that people save for the longer-term. Last week, however, Australia announced it would be stepping back from its policy of pensions freedom after many over-70s ran out of cash. Will the Government reconsider giving guidance to pensioners advising them to secure an income in retirement?

Mr Vara: We are giving as much guidance as we can. Pension Wise is there; the Money Advice Service, which I have mentioned, has its advisory firms; and there is also the internet. If people want further advice, they will be guided to it by Pension Wise.

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Topical Questions

Peter Kyle (Hove) (Lab): According to the Department’s own figures, pension contributions by the self-employed have fallen year on year for the past five years. What is the Secretary of State going to do to reverse that trend?

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): We are liaising with companies and individuals and also ensuring that people take some individual responsibility, by looking at their statements and contributions and thinking ahead. We are also encouraging companies to be proactive and to ensure that their workers take part in the auto-enrolment process and that those workers are protected.

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Barbara Keeley (Worsley and Eccles South) (Lab): The Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara), said earlier that letters were sent to all women born in the 1950s to inform them of changes to the state pension age. I have to say to him that the campaigning group, Women Against State Pension Inequality, disagrees with him. I have constituents who were not informed of the changes, and they suddenly discovered that they were not going to retire soon and that they had many years to retirement. 

Will the Minister look again at that issue and reconsider whether that group of women affected—there are many hundreds of thousands of them—can now have transitional protection?

Mr Vara: I am surprised to hear what the hon. Lady says, but I am happy to look into the matter further. The information that I have is that there was communication with those people, but I will correspond with her.

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29 October 2015
Shailesh Vara, Member of Parliament for North West Cambridgeshire, has expressed his deep disappointment at the lack of action by Cambridgeshire County Council on repairs to the footpath between Upwood and Bury. 
 
Mr Vara, along with local residents, including Mr Graham Hillman, met with transport officers from Cambridgeshire County Council on 30th July 2015 to view the damaged footpath and agree the way forward, with the Council agreeing that the necessary work would be carried out. 
 
However, three months on and with the repairs remaining outstanding, Mr Vara is pressing the Council to honour its obligations.
 
Mr Vara said:
 
“I am deeply disappointed that the repairs to the footpath agreed with the Council in July have not been carried out. A commitment was made to me and others at the meeting and three months on the work remains outstanding.
 
“Whilst I recognise the challenges that reductions in funding have created for the Council, it is important to remember that money is still being spent and I, together with many local residents, feel that Upwood is a deserving case and the work should be carried out. 
 
“I very much hope that the repairs will be carried out as soon as possible.”
 

Hampton Pharmacy Visit