6 June 2014

Shailesh Vara MP has welcomed the Government’s new rules for tied pubs that ensure a fair deal from pub companies.

A new statutory code will give pub landlords of tied pubs new rights to help them get a fair deal from pub companies. The rules will be enforced by an independent adjudicator with the power to punish pub companies that break them.

Tied tenants usually have to pay a higher price for beer from the beer company they rent from. This should be balanced out by reduced rents or other benefits – but this has not always been the case, putting some tied pubs at a disadvantage.

The new rules will offer the following advantages:
 

  • Pub landlords will be able to request a rent review from their pub companies if it has been five years or more since the last one.
  • Greater transparency rules will allow landlords to be given the right to review the information used by pub companies to justify any rent increase.
  • Landlords tied to pub companies with 500 or more tied pubs will be able to request an additional rent assessment to show if they are worse off than pubs with no tie.
  • Pubs will have the right to decide if they are tied for gaming machines as well.


Mr Vara said:
“I am pleased that the Government has listened to pub landlords across the country and is standing up for them.

“Pubs are community hubs that help bring people together. They also provide jobs and help the local economy which is why it is so important that tied pubs are given a fair deal on their rent.”

30 May 2014

Shailesh Vara MP has secured assurances from Mark Francois MP, the Minister of State for the Armed Forces, following the announcement yesterday that 183 posts will go from RAF Wittering.

As part of changes to the RAF Force Protection Wing, No 1 RAF Force Protection Wing HQ and 3 Squadron RAF Regiment, at the base in Wittering, will be disbanded from April 2015. However, the 183 serving personnel will not be made redundant but will be absorbed into the remainder of the RAF across the UK.

Mr Vara said:

“I am of course very disappointed with this news and have spoken with Mark Francois the Defence Minister. He has assured me that this is limited to 183 personnel and that there will be no further reductions and that the decision takes effect next spring, allowing those affected and their families time to plan ahead. Importantly, he gave me an assurance that all the people will be offered jobs within the RAF Force Protection Force.

“I have also asked the Minister to ensure that the personnel are provided with all the help and assistance that they require.”

1 May 2014

Shailesh Vara MP has welcomed the recent announcement by the Prime Minister and the Chancellor of the Exchequer that there will be some £36 billion invested in more than 200 infrastructure projects nationally this year.

This is particularly good news at a local level as funding has been provided for work to begin to resolve the pinch-point at the junction of the A1(M) and the A47 at Wansford. Motorists coming in to Peterborough and the surrounding area via the A1(M) currently experience congestion and tailbacks, often on to the carriageway itself, which is a very dangerous situation as other traffic continues to travel at fast speeds.

Mr Vara was delighted by the announcement and said:

“This is excellent news for motorists and local residents alike who have to endure lengthy tailbacks at the junction of the A47 and A1(M) day in and day out just to get to their place of work, or go about their daily business.

This is an issue on which I have often spoken with Ministers, most recently at the start of the year, and the decision shows that the Government is listening and acting on some of the historic and problematic issues present in our local infrastructure.”

29 April 2014
Shailesh Vara responds to a Parliamentary debate on the role of music in prisons and access to musical instruments.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): It is a privilege to serve under your chairmanship again, Mr Chope. I would like to thank the hon. Member for Cardiff West (Kevin Brennan) for securing this debate on such an important subject. It is abundantly clear from what he has said that he has great expertise and knowledge on the subject. I assure him that I will ensure that what he has said today will be conveyed to my hon. Friend the Prisons Minister. Also, I am more than happy to facilitate a meeting for him, to the extent that he feels one is necessary after I have said my piece.

This is an important debate. I welcome the opportunity to speak about the important role that music plays in our prisons and set out the position regarding prisoner access to musical instruments. Let me be clear: facilitating access to musical instruments for prisoners is an important part of their rehabilitation. Whether individual prisoners learn to play musical instruments or music is played in a shared environment, such as a prison chaplaincy, music can provide focus, encourage positive social interaction and provide constructive activity.

In chaplaincy, we see activities involving and using music in a range of ways. As well as music being used as part of some of the main acts of worship, a number of chaplaincies have choirs or chapel bands, which allow prisoners to be part of a creative shared experience. They can also help prisoners to develop listening and communication skills and engage with others in a positive way.

In education, there is significant provision for learning about music. The offender learning and skills service, which has been commissioned jointly by the National Offender Management Service and the Skills Funding Agency, works with offenders to identify their learning needs and advise on what learning and training opportunities are available in prisons. Vocational opportunities are available towards the end of a prisoner’s sentence, to ensure that any training undertaken is current and relevant to the local job market on release.

The offender learning and skills service—OLASS—also funds personal and social development, which may include recreational learning, such as music activity. Personal and social development is particularly helpful when engaging with resistant learners who might not participate in more formal learning. In the 2011-12 academic year, there were 580 enrolments on OLASS courses that included music as part of the course title. A range of courses are available, including the awards for music practitioners, in music theory and in sound engineering and music technology.

Aside from learning, prisoners are also able to listen to music in their cells by listening to CDs in their possession or to the radio. As well as the availability of national radio, prison radio is now installed in 102 prisons.

Guy Opperman: I am grateful to my hon. Friend the Minister for giving way. I have appeared on prison radio and experienced its quality in Brixton prison, which is one of the hubs for prison radio, so I would like to say first of all that it is doing a fantastic job and should be supported by the Ministry of Justice. Secondly, I can assure the House that although my book, quite rightly, cannot be posted at random to a prisoner by any person, however esteemed, it is available in prisons via the usual channels and is being read.

Mr Vara: I am sure that those prisoners who are regular and avid readers of Hansard will take note of that plug for my hon. Friend’s book, which is easily available in the relevant prison libraries. I note what he said about the prison radio service, which is available in many prisons. The Prison Radio Association delivers national prison radio, and prison radio tutors work with prisoners to develop new and innovative content. As well as output that is focused on reducing reoffending and encouraging engagement with education, training and opportunities in prison, music is broadcast. Many individual prison governors also engage with local community and voluntary sector organisations, which facilitate music-based activities.

There is plenty of music to be heard in our prisons. I recognise, however, that the hon. Member for Cardiff West is particularly concerned about changes that we have made to the incentives and earned privileges policy framework and what those changes might mean for prisoners who want to play guitars. It important that I explain the intention behind the changes and what they mean in practice.

The policy on incentives and earned privileges underwent a thorough and detailed review, the first such review for more than 10 years, to ensure that the revised framework would properly address reoffending and that the public could have confidence in it. The review of the policy included extensive consultation with prison operational staff.

Since the changes came into effect on 1 November 2013, the absence of bad behaviour has no longer been enough to earn privileges; now prisoners must also work towards their own rehabilitation and help others. The focus on rehabilitation resulted in numerous other changes to the framework. For example, prisoners can no longer sit in their cells watching television when they should be out working or in education, and they can no longer spend much of their days in the gym.

An important part of our changes was ensuring that prisons operate to a consistent standard in allowing privileges to prisoners who have earned them. That is why we introduced the standardised facilities list, which identifies and limits the items of property that prisoners can retain in their cells, subject to their IEP level. The list is available for each governor to select from as they consider suitable to the specific population, physical fabric and regime of the prison.

The changes have not prevented prisoners from playing musical instruments. The greater the commitment a prisoner shows to the requirements of the IEP framework, the more money they can earn from working, the more they are allowed to spend and the greater the range of property they are allowed to have. Prisoners who work hard, engage and achieve standard and enhanced levels can purchase a musical instrument to keep in their possession at the governor’s discretion. Prisoners who do not engage are not permitted to possess a musical instrument. The standardised facilities list sets out a number of different instruments that prisoners can purchase: for example, a flute, a harmonica or an acoustic guitar.

The hon. Member for Cardiff West is particularly concerned about the position in respect of prisoner access to guitars and the type of strings permitted. Prisoners on the standard and enhanced levels of the IEP framework can be allowed an acoustic guitar with nylon strings. For the bass notes, that can include nylon strings with metal coiled around the outside. Guitar strings can be issued on a one-for-one basis, subject to risk assessments. Full metal guitar strings are not permitted. As I have mentioned, the revised policy was subject to a significant amount of consultation with the operational line and other interested parties. The consultation extended to the contents of the standardised list itself. In the light of security concerns, a decision was made not to allow full metal strings.

Kevin Brennan: I am grateful for that information. As far as I am aware, that is the first time that Ministers have mentioned any security concerns. If that is the case—incidentally, I hope to persuade the Minister that there need not be with regard to nylon strings—why is that not indicated in the National Offender Management Service list of items and restrictions, and why is there no security “S” flag on the document?

Mr Vara: I am not saying that there is no security risk with nylon strings, because I think it is acknowledged that there is. It is just felt that there is a greater risk with metal strings. As for the specifics that the hon. Gentleman requires, I am mindful of the time limit on this debate and keen to put as much on record as I can, but I am happy to return to the issue later.

Kevin Brennan: Before the Minister moves on, there are six minutes left and this is the heart of the matter. The NOMS document does not say that there is a security concern. I would be grateful if, following this debate, he would send me the details of the concern and of how it was raised during the consultation, and perhaps indicate why it is not signalled in the NOMS document. However, I am grateful for his earlier offer of a meeting with the Minister to discuss it further.

Mr Vara: I am certainly happy to follow up on this debate by supplying the information that the hon. Gentleman has requested and providing the explanations that he has sought.

I am keen to get everything on the record in the limited time that I have. The hon. Gentleman referred to electric guitars, particularly with reference to a letter that he had received. The standardised list does not allow prisoners to have electric guitars in their possession. It was certainly not the case before the standardised facilities list came into effect that prisons routinely allowed prisoners to have electric guitars in their possession; it has always been more usual for prisoners to have access to electric guitars in a supervised setting. I know that charities such as Jail Guitar Doors have donated numerous electric guitars to prisons over the past few years. Those guitars are most often kept in educational or chaplaincy departments for prisoners to use in a supervised environment, rather than kept by individual prisoners. It is important to be clear that none of the changes involved in IEP should have affected the use of electric guitars and other musical instruments in a supervised setting. The changes to IEP involve the property that prisoners can possess in their cells.

Inevitably, when deciding what items prisoners can possess, there will be a variety of views on whether particular items should be allowed. We are clear, however, that the items that we have included on the standardised facilities list provide a suitable range from which governors can select so that prisoners can be rewarded consistently and appropriately for engaging with the requirements of the IEP policy framework and that, with appropriate access to musical instruments, the quality of their lives can be improved and their chances of successful rehabilitation enhanced.

I congratulate the hon. Gentleman again on securing this debate, and I reiterate the assurance that I made at the outset that I will facilitate the meeting he requested with the Prisons Minister and follow up with the outstanding information mentioned in this debate.

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24 April 2014

Shailesh Vara MP has welcomed news that unemployment has fallen across North West Cambridgeshire.

Of those claiming unemployment benefits there were 947 fewer claimants this March than the same month last year. Whilst unemployment in the area has dropped by over 35%, youth unemployment fell by over 37%.

Mr Vara said:
“This is excellent news for our area. It is important to remember that the benefits of employment go beyond just the individual, as often there are families which also benefit from a wage coming into the household. Clearly there is still some way to go in reducing unemployment even further, but this is certainly encouraging news”.

7 April 2014
Shailesh Vara responds to a debate on the future of Worksop Magistrates Court.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): I congratulate the hon. Member for Bassetlaw (John Mann) on securing this important debate. I am sure that historians in years to come will want to look at his historical analysis of Bassetlaw eagerly, because it certainly was very interesting.

Let me make one thing absolutely clear at the outset: I want to assure the hon. Gentleman that the consultation is not a consultation for court closure.

I want to make three things clear. First, no decisions have yet been made. The local area is conducting a consultation on the proposal to reduce the number and type of court sessions listed in Worksop and I would not want to prejudge the outcome of that consultation.

Secondly, the consultation relates to proposed changes to the type of work that will be allocated to Worksop magistrates court in light of the facilities available there and the overall requirements of the Nottinghamshire local justice area. It is not a proposal to close the court at Worksop. If that were proposed it would be subject to a separate consultation that specifically said it was about possible closure.

Thirdly, the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts is the statutory responsibility of the Lord Chief Justice, not the Lord Chancellor. Together with, and supported by, the justices’ clerk through the judicial business group, local judiciary ensure that there is sufficient court time available to meet demand, and that the right facilities are provided for the particular types of cases that come before them. That includes reviewing the sitting programmes of magistrates courts within their area.

I should explain that judicial business groups comprise a magistrates liaison judge nominated by the resident judges in each clerkship, up to two district judges from magistrates courts, up to three bench chairs from benches within the clerkship areas, a justices’ clerk, a representative from the Magistrates Association, and a senior regional official from Her Majesty’s Courts and Tribunals Service. In line with other areas, Nottinghamshire reviews its performance and sitting programme on a monthly basis to ensure that it is properly aligned with the workload. There has been a steady reduction in criminal workload across Nottinghamshire, which reflects a national trend, and the forecast is for further reduction. In contrast, family court work has increased slightly in the area, and it is right that local arrangements are made to accommodate that at Mansfield, Nottingham and, where necessary, Worksop.

The low volume of criminal cases, particularly in rural areas, means that some courts are not fully occupied, and the steps taken by the judicial business group in Nottinghamshire to consolidate similar types of business are designed to help make the best use of the estate, accommodate a growing family and tribunals workload, and reduce the inconvenience to court users caused by sitting patterns changing at short notice.

The proposals seek fully to utilise judicial sittings and to reduce the amount of judicial time wasted when cases collapse at short notice. The combining of resources in fewer venues will increase flexibility and afford more resilience when listing the criminal, civil and family case load. That in turn will provide the judiciary with more opportunity to use skills acquired and to expand on those that have been little used while sitting in courts where listing has been restricted, as experienced in Worksop.

The proposals are subject to a wide stakeholder consultation in the local area. It closes on 30 April 2014, and I hope the hon. Gentleman will contribute to it. The responses to the consultation will be given thorough consideration and the judicial business group will meet to discuss them. The final decision on how to arrange business within this area will rest with that group. A response to the consultation paper will be published in June.

The consultation has been designed to draw out specific impacts on various groups, and they will be considered carefully by the judicial business group, which will also give proper consideration to the public sector equality duty before implementation. The justices’ clerk for the area and bench chairman have held meetings with local defence advocates and a representative of the Legal Aid Agency better to understand their concerns. The judicial business group will consider carefully the impact on magistrates’ rotas. Those considerations will take into account the need to balance travel time and costs against maintaining their competencies and sittings across the range of work.

I understand the concern that some of the changes may result in increased travel for victims and witnesses in the north of the county, which is why the criminal justice system is looking at ways to overcome that, especially by making the most of video technology. That would mean that victims and witnesses may, in some instances, be able to give their evidence from the local police station or local court via a video link. The increased use of video technology in the courts is a key part of the Government’s modernisation plans for the criminal justice system, and I, for one, welcome its use for those purposes.

It is important to remember that the proposals for Worksop magistrates court will serve to benefit all court users while improving performance and service delivery, and creating better value for money. Worksop has the lowest effective trial rate in the area. In 2013, 34.6% of trials that were listed actually went ahead as trials. In the same year, in 20% of trials, the defendant changed their plea to guilty at the court door, causing the trial to collapse. As only one court operates at the site, when a trial collapses, the court has no other work to do. Conversely, if more than one listed trial is ready to proceed, there is no scope for that trial to be heard elsewhere in the building, as there is only one operational court. That happened in 10% of trials listed at Worksop in 2013, and it is the highest instance of ineffective trials in the area. When that happens, the trial has to be adjourned and relisted for another day, leading to further delay. Proposals in the consultation seek to make better use of court time for magistrates and court users while improving performance and service delivery. That will be brought about by combining resources in one building, thus providing increased flexibility to dispose of the work load in a more efficient manner.

Criminal business in magistrates courts has reduced nationally. We have a duty to court users to deliver an efficient and effective service across all parts of our business, and we believe the proposals will help to do both. I reiterate that this is a local initiative, which is being appropriately managed through the consultation paper. Local justice is about visible and continual engagement with communities. It is working with local criminal justice agencies to understand the issues that affect those communities and what can be done to resolve them.

Local justice does not mean providing a courthouse in every town or city that hears every type of business. Quality, speed and efficiency of the service that is provided, and a safe, comfortable environment for court users that commands respect for the justice system, are much more significant to the delivery of effective local justice across communities. The lay magistracy serves as a vital link connecting the criminal justice system to local communities, and it is important to ensure that magistrates continue to play a central role in the system of summary justice.

We will continue to work closely with the judiciary and other key stakeholders as we consider how best to harness the potential of the magistracy through our wider reform programme. I hope that that reassures the hon. Gentleman that the Government are serious about working with magistrates and the judiciary to improve the local and regional administration of justice in the county of Nottinghamshire, and nationally. Again, I congratulate him on taking the opportunity to put on record in the Chamber his views, and I very much hope that my response has given him some comfort that the consultation is not about closure.

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2 April 2014

Shailesh Vara MP has welcomed the roll out of superfast broadband internet to Hampton in Peterborough, and the news that this process will continue to other local areas through the Connecting Cambridgeshire project managed by Cambridgeshire County Council.

The Connecting Cambridgeshire project runs separately to the rollout plans of internet service providers and it is hoped that by 2015, 98% of properties in Cambridgeshire will be connected to superfast broadband.

Mr Vara has been campaigning for better broadband connections to be made available to residents in Hampton since he was elected as an MP in 2005 and in welcoming the announcement he commented:

“I am absolutely delighted that superfast broadband is finally starting to reach some of the local residents who have been waiting for it for the best part of a decade. Hampton has suffered historically from poor internet speeds due to the distance of homes to the nearest telephone exchange and this has been bad for businesses, services and residents.

I am absolutely sure this new service will be welcomed by local residents as fast internet connections have become integral to everyday life in a relatively short space of time.”

25 March 2014
Shailesh Vara responds to a back bench MPs’ debate on the future of Bedford Magistrates Court.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): I thank my hon. Friend the Member for Bedford (Richard Fuller) for securing this debate and my right hon. Friend the Member for North East Bedfordshire (Alistair Burt) for so ably supporting him.

One thing is abundantly clear: both of my hon. Friends feel passionately about this issue. There is no doubt that they represent their constituents to the best of their abilities and they have done so admirably today. Their main concern is that there may be a closure of Bedford magistrates court. Let me address that up front: there are currently no plans to close the magistrates court in Bedford. The proposal is about listing arrangements —that is, the allocation of work between the various locations in Bedfordshire. There has been a consultation and were there to be any plans for a closure, it would have said so. The consultation that has taken place is for a different purpose.

Secondly,

“the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts”

is the statutory responsibility of the Lord Chief Justice, not the Lord Chancellor. I think that is recognised, but there still seems to be some anger coming in the direction of the Ministry of Justice. Listing is a judicial function and not one over which the Government have control.

Together with and supported by their justices’ clerk, local magistrates ensure that there is sufficient court time available to meet demand and that the right facilities are provided for the particular types of cases that come before them. That includes reviewing the sitting programmes of magistrates courts within their area. The decision may take into account the best use of resources, but it is not one that is based on saving money. The interests of justice are the overriding factor.

Her Majesty’s Courts and Tribunals Service is committed to supporting local magistrates in doing that in order to provide an effective and efficient service to court and tribunal users and to focus resources on front-line services and provide access to justice.

In line with other areas, Bedfordshire magistrates regularly review the sitting programme for the courts in the area, to ensure it is properly aligned with the work load. The proposals for Bedfordshire will mean that criminal cases will be concentrated at Luton magistrates courts and that more family work will be heard at Bedford magistrates court. All family work will be retained and there will be increased capacity for it. I take note of the figures mentioned by my hon. Friend the Member for Bedford, but as far as I can see they refer to criminal work only.

More family work will be heard at Bedford magistrates court because the facilities at Luton are better equipped for criminal cases and Bedfordshire has the capacity to accommodate all tiers of the single family court. It is the view of the magistrates in Bedfordshire that the proposals will make more efficient use of the courtrooms and thereby reduce waiting times for victims, witnesses and other court users.

The proposals have been subject to wide consultation, including with solicitors, the Crown Prosecution Service and other court users. The local magistrates have carefully considered all the responses. The consultation took into account how justice could best be delivered in a suitable environment, while maximising the effectiveness and timeliness of hearings. In addition, the Bedfordshire bench chairman and senior officials met my hon. Friend the Member for Bedford, my right hon. Friend the Member for North East Bedfordshire and other local people, some of whom I believe were solicitors, to discuss the matter in more detail before a final decision was made.

Bedford magistrates court is a listed building with limited facilities. It has five courtrooms. It is not readily accessible for either court users or magistrates with limited mobility, other than one courtroom, which is used primarily for family work. Audibility is a problem and the fixed layout of the courtrooms does not lend itself to the use of modern technology. Two courtrooms have video link facilities, including the family courtroom. There is an upstairs secure witness suite that is accessed through the public entrance. There is cell provision, with limited access for custody vans. There is no court administration on site.

To provide the best service to victims and witnesses in Bedfordshire, it is intended that the current witness facilities at Bedford magistrates court will remain and be upgraded to provide a secure video link for vulnerable witnesses who give evidence in criminal cases at Luton or elsewhere.

Luton magistrates court, on the other hand, is a more modern courthouse with six courtrooms. It is accessible for those with limited mobility, both magistrates and court users. The courtrooms are well provided with hearing loops and there is video link capacity in place. It is proposed that that will be extended to provide the capacity in a courtroom with a secure dock. There are ample waiting and interview facilities. There is a secure witness suite with video link facilities. There is ample cell provision. There is also full court administration on site.

The facilities at Luton magistrates court clearly identify it as better suited to criminal work. It will improve the ability of Her Majesty’s Courts and Tribunals Service and other agencies to meet commitments under the code of practice for victims of crime.

Alistair Burt: I am listening carefully to the argument that is being put forward by my hon. Friend, but I would raise two issues. First, if the courts in Bedford are so manifestly inadequate, why did that not come out in the consultation process in 2010, when the courts were not considered for closure and these issues were not mentioned? Secondly, he referred to magistrates supporting the proposals. Of course, as I indicated, a substantial number of Bedford magistrates did not support them. Does that not weigh on the Minister’s mind? Will he take that further into account and ask those who are responsible for the decisions to do so as well?

Mr Vara: I am grateful to my right hon. Friend for raising those two issues. First, he speaks of inadequate facilities, which implies that there is an underlying question of closure. There has been no reference to inadequate facilities because, as I speak, there are no plans for closure. I was not the Minister in 2010, but I presume that the closure of Bedford magistrates court was not considered at that time, when a large number of closures were considered.

Secondly, my right hon. Friend speaks of a difference of view about what has been said by the magistrates. There is one version and there is his version. I am happy to visit the magistrates court to meet him and my hon. Friend the Member for Bedford. They can bring the people whom they wish to invite and I will bring my officials. I will ensure that there is a proper dialogue, so that if there have been any miscommunications along the line, we can ensure that they are put right. I will facilitate that meeting, and what is more, I will be at it and will visit the court.

I described the facilities at Luton magistrates court, and there will be greater certainty for witnesses about where trials will be heard. As for family work, which will be heard at Bedford magistrates court, it is equally important for that work to be undertaken in suitable court accommodation, separate from criminal work, with co-location of all tiers of the family court judiciary. On the whole, the centralisation of criminal and family work will enable greater capacity to distribute the workload more effectively and ease waiting times in hearing and completing cases. It will provide greater resilience to cope with unexpected changes to workload, or to judicial or agency resources.

I reassure my hon. Friend the Member for Bedford and my right hon. Friend the Member for North East Bedfordshire that the decision to change the listing pattern at Bedford magistrates court was not taken in isolation. There were many other considerations, such as the local reduction in workload, particularly for trials, the need for improved performance and better utilisation of criminal justice system agency resources, and the commitment to maximise the use of digital technology.

As a result of the change in the listing pattern in the Bedfordshire area, some magistrates may incur additional travelling costs. However, they should not be financially disadvantaged, as justices’ allowances allow for the reimbursement of travelling costs incurred in the performance of a justice’s duties.

Richard Fuller: Will my hon. Friend give way?

Mr Vara: I am happy to give way, but my hon. Friend will be mindful of the fact that I have to wind up within the next three and a half minutes.

Richard Fuller: I am, but I wanted to place on record my thanks to the Minister for saying that as a result of the debate he will come to Bedford, take a personal interest in the issue and listen to members of the local community. As part of that, will he listen to the members of the local magistracy who have submitted their opposition to the proposed changes?

Mr Vara: If they wish to attend the meeting, they are welcome to do so. The meeting is to be organised by my hon. Friend and by my right hon. Friend the Member for North East Bedfordshire, and if they wish to invite them along, I would be more than happy to meet them.

As with magistrates, victims and witnesses attending court should not be financially disadvantaged. They will not incur additional travelling costs, because those are paid by the Crown Prosecution Service.

As the changes take place in Bedfordshire, we will ensure that we continue to provide a good service for victims and witnesses, including vulnerable witnesses. That means that where the situation demands it, applications for special measures may be made in cases involving vulnerable witnesses. When the grounds for such applications are accepted, the court may direct that the witness gives evidence from a location other than where the trial is being heard. For instance, applications may be made for witnesses to give evidence from Bedford magistrates court, or any other courthouse or premises with suitable secure video connectivity, to the trial court in Luton.

I hope that I have been able to reassure my hon. Friend the Member for Bedford that the decision to change the listing arrangements at Bedford magistrates court is not the first step to closing the Shire hall in Bedford and is not a cost-cutting exercise. It is aimed at revising the listing arrangements for criminal and family work to improve efficiency in listing and timeliness, making the best use of court time and other resources and providing speedy justice for victims and witnesses. There is a commitment to ensuring that witnesses and victims have appropriate facilities and security when giving their evidence, including the availability of a video link.

The inconvenience of longer travel times for some will be outweighed by the expected improvements in court productivity, timeliness and the use of technology. We must also acknowledge that for people today, the concept of what is local goes far beyond what was considered local in the past. Local justice is no longer achieved solely by having a court in every town or borough. Indeed, there is no requirement of residence within the local justice area for appointment as a magistrate. Since the creation of the single local justice area, magistrates from across the county have been sitting at both Luton and Bedford without deterioration in the quality of justice, which is delivered through consideration of the evidence presented in open court using sound judgment and social awareness.

I thank my hon. Friend for securing this important debate, and I thank him and my right hon. Friend the Member for North East Bedfordshire for their contributions.

| Hansard

| Parliament TV
18 March 2014
Shailesh Vara responds to back bench MPs’ questions on the courts and legal aid.

Legal Aid



1. Stephen Timms (East Ham) (Lab): What his future plans for legal aid are. [903093]

3. Paul Blomfield (Sheffield Central) (Lab): What his future plans for legal aid are. [903095]

11. Andy McDonald (Middlesbrough) (Lab): What his future plans for legal aid are. [903103]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): We are implementing the reforms of litigation procurement and Crown court advocacy fees that we announced last month. Although making fee reductions is unavoidable, we have listened to the professions wherever we can and taken concrete steps to ease the impact of the changes. Moreover, the Justice Secretary has given a personal commitment that this Government will not seek further savings from criminal legal aid.

The Ministry of Justice and the Legal Aid Agency keep the operation of both the criminal and civil legal aid schemes under continual review. The Government plan to undertake a post-implementation review of the legal aid provisions within the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within three to five years of implementation. That review will include an assessment of the impact of the reforms implemented during that period.

Stephen Timms: The cost of legal aid came in at £56 million less than was budgeted last year, and research commissioned by the Law Society from Oxford Economics argues that falling crime will reduce the legal aid bill by £80 million by 2018-19. What assessment has the Minister made of the argument that the spending cuts will be delivered without the scale of service reductions he is currently proposing?

Mr Vara: We need to look at the bigger picture and recognise that legal aid expenditure in this country—for England and Wales—is some £2 billion, which makes our system one of the most expensive in the world. Even after the reductions have gone through, the bill will still be one of the most generous in the world. We have to ensure that these reductions go through so that the legal aid budget remains sustainable.

Paul Blomfield: After a legal aid-funded judicial review of a negative reasonable grounds decision, the Home Office agreed that a Sheffield resident was a victim of trafficking. Under the new regime she would not pass the residence test for legal aid. The Government have been making much recently of their commitment to tackle human trafficking, so will they now reconsider their decision to reject the recommendation by the Joint Committee on Human Rights to exempt from the residence test all cases where the status of a trafficking victim is contested?

Mr Vara: We have made it absolutely clear that for the residence test it is important that they are our people—that they have some link to this country. We have set out where there are exceptions, and that has been made abundantly clear.

Andy McDonald: Is the Secretary of State worried by the increasing number of defendants in serious cases who cannot access legal advice following the 30% cut in advocates’ fees?

Mr Vara: It is important to put things into perspective. The 30% reduction applies to only a tiny number of criminal cases—they are called “very high cost cases” and constitute less than 1% of Crown court cases. The reductions we are making will ensure that the barristers who do that sort of work are still receiving good fee income.

Mr Jonathan Djanogly (Huntingdon) (Con): It is generally recognised that the criminal legal aid provider market is fragmented, underinvested and unsustainable, so has my hon. Friend yet been able to assess whether his reforms will lead to the necessary market consolidation?

Mr Vara: My hon. Friend makes a good point: it is important to recognise that the legal market has changed and we need to change with it. We very much hope that our proposals will ensure that we have a sustainable legal aid budget which ensures that those who need legal aid assistance will be able to get it, from both solicitors and advocates.

Mr David Nuttall (Bury North) (Con): Has my hon. Friend made an assessment of how much of the criminal legal aid budget is spent on cases where the defendant maintains they are innocent only to plead guilty at the last minute before the trial?

Mr Vara: I confess that off the top of my head I do not know what the figures are, but I will try to find out the relevant information and I will happily write to my hon. Friend.

Sarah Teather (Brent Central) (LD): In their response to the JCHR report on legal aid reform, the Government agreed to exempt sections 17 and 20 of the Children Act 1989 from the residence test. However, that exemption will not include judicial review, despite the fact that it is often the only remedy available, thereby apparently undermining the exemption that has been made. Will the Minister look closely at expanding the exemption to include judicial review?

Mr Vara: The Criminal Justice and Courts Bill, which is in Committee, will look at judicial review in considerable detail.

20. [903113] Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab): On how many occasions has the Attorney-General had to appoint an amicus curiae as a result of the Government’s legal aid cuts?

Mr Vara: That is a matter for the Attorney-General and not for the Ministry of Justice.

Henry Smith (Crawley) (Con): Statistics show that the number of non-molestation orders issued by the English courts has recently increased, and there is some suggestion that they may be used as an additional route to obtaining legal aid. Will my hon. Friend undertake to investigate that further?

Mr Vara: My hon. Friend raises an important point, and I will happily look into the matter.

Mr Andy Slaughter (Hammersmith) (Lab): Does the Minister agree with his colleague the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), that the Government’s cuts to legal aid are “unarguably harsh”? Will the Minister correct his own overestimate of the earnings of legal aid lawyers, which the UK Statistics Authority yesterday called “potentially misleading”? Is it not time that the Ministry of Justice ministerial team put themselves in order?

Mr Vara: It is rather rich of the hon. Gentleman to speak about legal aid. The Opposition’s manifesto made it abundantly clear that they would cut legal aid. He and his colleagues lack any credibility unless they put on the record what cuts they would make and, more importantly, whether they would reverse the cuts that we are making.

Mr Julian Brazier (Canterbury) (Con): Will my hon. Friend look at the workings of the Legal Aid Board, so that we never again see a case such as the one in which the board in Essex awarded legal aid to a violent husband to employ a private detective to pursue a battered wife to my constituency?

Mr Vara: My hon. Friend will appreciate that I cannot comment on individual cases, but I will be more than happy to ensure that everything is done properly in his case or, indeed, others.

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Employment and Support Allowance



5. Sheila Gilmore (Edinburgh East) (Lab): What progress he has made in ensuring that the judiciary provide the Department for Work and Pensions and appellants with reasons for their conclusions in appeals against employment and support allowance. [903097]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The hon. Lady will appreciate that the provision of this information is a matter for the judiciary. However, they have agreed to provide the Department for Work and Pensions and appellants with summary reasons for their decisions in employment and support allowance appeals. That approach was successfully piloted at four tribunal venues from June 2013 and will be rolled out later this year.

Sheila Gilmore: I thank the Minister for that answer, but the most recent statistics show that 45% of ESA appeals are successful. That is a slightly higher figure than in the previous set of statistics and suggests that the flow of information that could ensure that the decisions are right first time is still not happening. When will we see a published proper evaluation of what is going on?

Mr Vara: The pilot programme is now being rolled out and we need to see its full impact. The DWP has found the information it has been given very useful and as a consequence it is in the process of revising the guidance for decision makers. It is to be hoped that the decisions taken as a consequence will be of a much better standard.

Mr Philip Hollobone (Kettering) (Con): In Kettering, benefit claimants who appeal against refusals sometimes have to wait for more than 40 weeks for their appeals to be heard. That is completely unacceptable and involves some of the longest waits in the whole country. What is being done by the Department to tackle these long waiting times?

Mr Vara: My hon. Friend will appreciate that that is the legacy of the previous Government and that the backlog is being dealt with—[Interruption.] I appreciate that this is difficult for the Opposition, but the truth often hurts—[Interruption.]

Mr Speaker: Order. There is a lot of very raucous noise from those on the Opposition Benches. The Minister is a very courteous fellow and he is trying to address—[Interruption.] Order. He is trying to address the House. Let us hear him.

Mr Vara: Thank you, Mr Speaker. I can assure my hon. Friend we are dealing with the backlog, which is going down.

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Judicial Review



7. Mike Kane (Wythenshawe and Sale East) (Lab): What his future plans are for access to judicial review. [903099]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): Judicial review is, and will remain, a vital means of holding public authorities to account, but the Government are concerned about the potential for unmeritorious judicial reviews being used to frustrate decisions that have been properly made, to generate publicity and to cause delay. Last month we announced a package of reforms designed to reduce the number of unmeritorious claims and speed up the process for those claimants who have arguable grounds and a genuine case to put. Most of our reforms will be given effect through the Criminal Justice and Courts Bill, which is currently in Committee—a Committee on which the hon. Gentleman is serving.

Mike Kane: Last week, the Public Bill Committee on the Criminal Justice and Courts Bill heard evidence from 17 leading experts in the field of judicial review. Is not the Minister just a little concerned that not one of them agrees with the Government’s position as set out in that Bill?

Mr Vara: I am afraid that if the hon. Gentleman looks carefully at that evidence, he will find that one of the very last people to speak—I am thinking of only one person who comes to mind—said that the reforms would be helpful for development. Judicial review is a very good system of holding the Executive to account, but it is our intention to ensure that unmeritorious claims are dealt with so that those that are genuine can go through to help the economy and the taxpayer and ensure, ultimately, that those who want jobs can get them.

Robert Neill (Bromley and Chislehurst) (Con): Does my hon. Friend agree that unmeritorious judicial reviews not only bring the judicial system into public disrepute but are frequently a significant financial burden on democratically elected local authorities, which might find their attempts to carry out the wishes of their electorate frustrated?

Mr Vara: That is absolutely the case. Some local authorities are trying to help the economy through projects, only for them to be frustrated by unmeritorious claims. The taxpayer loses out because of the extra costs, the efforts of those who wish the projects to make progress or to have employment in them are stifled and, ultimately, the economy does not recover in the way that it ought to. That is what we are trying to achieve, to put right the consequences of the Opposition’s time in government.

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Court Closures



9. Mr David Crausby (Bolton North East) (Lab): What further plans he has to close courts before 2015. [903101]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): Her Majesty’s Courts and Tribunals Service continues to keep the use of its estate under review to ensure it meets operational requirements. Any new proposals to close courts or tribunals beyond those already announced would be subject to consultation.

Mr Crausby: For too many years Bolton magistrates court has been dogged by rumour of closure, when what the court needs is stability. Can the Minister assure me that there will be no further change of mind on the future of Bolton magistrates court?

Mr Vara: I can assure the hon. Gentleman that, as far as I am aware, there are no plans at present as regards Bolton magistrates court, but he will appreciate that the court estate has to be kept under review to ensure that it meets operational needs. In the event that anything happens, there will be a consultation. Nothing is planned for Bolton magistrates court.

Mr Christopher Chope (Christchurch) (Con): How many magistrates courts does my hon. Friend think could be closed if they no longer had to deal with television tax evaders?

Mr Vara: I do not have the answer off the top of my head, but I am happy to look into the matter and try to provide one.

Ian Lucas (Wrexham) (Lab): Proposals to merge Wrexham and Flintshire magistrates court benches are being carried forward without public consultation. Does the Minister think that is appropriate?

Mr Vara: That is a local decision for the local justices.

Rehman Chishti (Gillingham and Rainham) (Con): In relation to court closures, Medway magistrates court has an excellent virtual court scheme. However, funding has not been renewed for the scheme, which has received national recognition. Will the Minister review that and confirm the Government’s commitment to virtual court schemes?

Mr Vara: Absolutely.

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Pleural Plaques (Compensation)



14. Mr Stephen Hepburn (Jarrow) (Lab): What recent representations he has received on compensation for people with pleural plaques. [903106]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): We have received a small number of representations on pleural plaques over the past few months, including some from Members of Parliament on behalf of their constituents.

Mr Hepburn: Does the Minister agree that the current system of compensation for pleural plaques is grossly unfair? People with pleural plaques living in Scotland or Northern Ireland qualify for compensation, but those living in England or Wales do not. Does he think that is unfair, and is he going to do anything about it?

Mr Vara: The hon. Gentleman will appreciate that there are different legal jurisdictions, which means that there will occasionally be differences. In the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords judgment that the condition of pleural plaques is not compensatable under the civil law.

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Topical Questions



T2. [903119] Stella Creasy (Walthamstow) (Lab/Co-op): Legal aid used for injunctions and stays pending judicial review has been vital in preventing ordinary families from spiralling into homelessness and, indeed, in saving the public purse the costs of incorrectly made homelessness decisions by local authorities. Will Ministers confirm whether the changes made to legal aid in regulations last week have retained that specific protection?

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The provisions are there and there are exceptions. The hon. Lady will be aware that the argument constantly put forward that legal aid is being taken away from everyone simply does not match up. For those who are in need and when people’s individual liberty is at stake, legal aid is provided, as is the case with other provisions.

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David Mowat (Warrington South) (Con): The recent orchestrated action by self-employed barristers in protection of their commercial interest is prima facie evidence of an anti-competitive cartel. Such a cartel would be illegal under EU and UK competition law. What can we do to uphold the law in this area?

Mr Vara: The action taken by barristers recently is very regrettable. It caused a lot of inconvenience to victims and witnesses. I just want to assure the legal profession that the door of the Secretary of State for Justice and my door are wide open, and we hope that we can engage in constructive dialogue.

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17 March 2014

Shailesh Vara, Member of Parliament for North West Cambridgeshire, last Friday visited Hampton Children’s Centre to see first-hand the facilities available and how they are integral to the local community.

Mr Vara met with some mothers who use the Centre for their children’s development as well as an opportunity for socialising with other parents with children of a similar age.

Mr Vara also met with other local mothers who are campaigning to keep all the Children’s Centres open following the recent decision by Peterborough City Council to reduce the number of Centres from 15 to 4 with Outreach Services being provided from a further 3 Centres.

Mr Vara said:
“I was very pleased to be invited to Hampton Children’s Centre and to see first-hand the facilities available for local children as well as speak with some of their mothers. It was an excellent opportunity to find out directly from the mothers who use the Centre just how important it is with regards to their children’s wellbeing.

Caroline Clark, Hampton Resident and Local Campaigner said:
“We understand that the children’s centres are still closing so we are now exploring our options.”