26 January 2016

Shailesh Vara answers MPs questions to the Ministry of Justice.

Access to Justice

5. Stephen Timms (East Ham) (Lab): What steps he is taking to ensure that access to justice does not depend on ability to pay. [903238]

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): We are committed to ensuring that our justice system delivers faster and fairer justice for all our citizens. Reform of our courts and tribunals will bring quicker and fairer access to justice and create a justice system that reflects the way people use services today. We have also ensured that legal aid remains available for the highest priority cases, for example where people’s life or liberty is at stake, where they face the loss of their home, in cases of domestic violence, or where children might be taken into care.

Stephen Timms: The result, as the Lord Chief Justice extraordinarily reported two weeks ago, is that:

“Our system of justice has become unaffordable to most”.

Two constituents were sacked unfairly. One went to tribunal but was unable to afford legal representation and therefore lost. The other immediately gave up. With justice now available to only the well-off, does the Minister have any serious proposals to open up access to justice to ordinary people?

Mr Vara: I am grateful to the right hon. Gentleman for raising the issue of employment tribunals, because it allows me to say that this Government’s aim is to ensure that people do not have to go to court or tribunal in the first place, and therefore do not have to incur the legal expenses or experience the stress. In the case of employment tribunals—he might not be aware of this—the ACAS early conciliation service, which is free, was used by 83,000 people in its first 12 months. I very much hope that when constituents bring problems to his surgery in future, he will point them towards that free service.

Andrew Bridgen (North West Leicestershire) (Con): Since the Government changed the criteria for access to legal aid there has been a huge increase in claims of domestic violence. Has the Minister made any assessment of the link between those two items?

Mr Vara: We constantly ensure that matters are kept under review. We are committed to having a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 three to five years after its implementation.

Rachael Maskell (York Central) (Lab/Co-op): The Law Society describes access to justice as being

“on the verge of a crisis”.

Funding for civil cases has fallen by 62% since civil legal aid was cut. Will the Minister carry out a full review to understand the equality impact of the changes in civil legal aid?

Mr Vara: As I have just said, we will be carrying out a full review of the implementation of LASPO. We still have one of the most generous legal aid budgets in the world, notwithstanding the reductions we have made.

Jake Berry (Rossendale and Darwen) (Con): Some of the people who would struggle the most to pay court fees are those affected by family breakdown, often in chaotic families. Will my hon. Friend update the House on what plans he has to simplify and reduce costs to access child arrangements orders, and will that include any further statutory rights for grandparents?

Mr Vara: On court fees, what I will say is that where people have difficulty attending court, there is a fee remission system available, which can be for remission in full or in part.

Christina Rees (Neath) (Lab): We learnt this week that a district judge is suing the Ministry of Justice, blowing the whistle on the rising number of death threats and the increasingly violent claimants that our judges are having to deal with day in, day out. Given that that comes so soon after the Lord Chief Justice’s warning that judges face a rising number of challenging and emotionally charged cases, what action is the Minister taking to address these claims, or is this just another admission that his party’s failed austerity policies have made our courts more dangerous, both for judges and for victims?

Mr Vara: I welcome the hon. Lady to her new post on the Opposition Front Bench. She will appreciate that, given that there is ongoing litigation, I cannot possibly comment on that from the Dispatch Box.

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David Rutley (Macclesfield) (Con): I know that my hon. Friend regards access to justice as a clear priority. With that in mind, and given the large area of north-east Cheshire that will be without easy access to a court under the proposals in the current consultation, can he tell the House what progress is being made in considering the Macclesfield proposal for a single, combined Macclesfield justice centre?

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): I thank my hon. Friend for the meeting we had and for the justice centre report that he and his constituent presented to me. He will be aware that we are giving serious consideration to that report and, indeed, to the 2,000-plus submissions made in the consultation, to which we will respond soon.

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Conor McGinn (St Helens North) (Lab): In 2012, the Minister’s own Department spent £1.7 million refurbishing St Helens courthouse to accommodate civil and criminal proceedings in the same building, declaring that it was efficient and logical. Are we to assume therefore that considering the closure of the same courthouse just four years later is illogical and inefficient, or would the Minister like to rule that out today?

Mr Vara: No final decisions have yet been taken, and we are taking into account a whole variety of considerations. The consultation concerns 91 courts throughout England and Wales, and it is about making our system better and one of the best in the world.

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Kevin Foster: Thank you, Mr Speaker. I greatly appreciate that.

The Minister will be aware of the strength of representations from Torbay about the proposal to close Torquay magistrates court. What progress is being made in the consideration of that proposal, and in the making of a decision to keep justice local in the bay?

Mr Vara: I hear my hon. Friend’s message loud and clear. We have met and corresponded, and I am giving serious consideration to all that has been said about the court in his constituency.

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