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.”
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.
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.’”
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.
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.
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.
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.
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.
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.
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.
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.
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.
Hampton Pharmacy Visit
Upwood & the Raveleys Community Plan
Shailesh Vara sets out his vision for the courts and tribunal services in England and Wales in the 21st century and addresses the issues of underused buildings and making better use of technology.