17 December 2013
Shailesh Vara answers back bench MPs’ on issues including legal aid funding, rogue payment protection insurance claim companies and the forfeiture rule - where a person may not inherit from someone whom he or she has unlawfully killed.
3. Jessica Morden (Newport East) (Lab): What assessment he has made of the effects of reductions in funding for civil legal aid. [901650]
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Ministry of Justice and the Legal Aid Agency keep the legal aid scheme under constant review, in terms of both expenditure and the impact of reforms. The Government will undertake a post-implementation review of the legal aid provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within the next three to five years.
Jessica Morden: Since the Government’s legal aid cuts, more of my constituents have had to represent themselves in family courts against former partners who can afford a solicitor, and local cases are being deferred by judges because they do not feel that the litigant in person is sufficiently prepared. Does the Minister agree that it is time to be transparent and produce figures showing the number of litigants who have appeared in person and the number of deferred cases that have taken place since the changes, so that we can judge the impact on our courts for ourselves?
Mr Vara: The reforms did not come into effect until earlier this year, and we need to give them a bit more time. As I have said, we will be reviewing the position, but it is currently too early to form a proper assessment.
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17. Andrew Jones (Harrogate and Knaresborough) (Con): What steps he is taking to tackle rogue payment protection insurance claim companies and nuisance calling by those companies. [901665]
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): Our priority is to protect the public by rooting out and punishing bad practices by claims companies. The claims management regulator is expanding its resources and consulting on a new set of toughened rules to crackdown on abuses, and later next year claims companies will face fines for rule breaches.
Andrew Jones: I thank the Minister for that reply. Given that so many rogue companies have been plaguing constituents, what effect have the Government’s actions had on the number of claims firms?
Mr Vara: I am happy to say that there has been a positive impact on the numbers. Between January and November 2013, the total number of authorised claims management companies decreased by 718; the total number of personal injury claims management companies fell by 917; and the total number of PPI claims management companies fell by 85. That is clear evidence that the Government’s tough measures are having an impact.
23. [901672]Jason McCartney (Colne Valley) (Con): I serve on the Transport Committee, and we have just completed an inquiry into the effect of fraudulent whiplash claims on the cost of motor insurance. Will the Minister update the House on what steps the Government are taking to stop bogus claims by rogue firms driving up the cost of insurance premiums for drivers?
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T5. [901677] Andrew George (St Ives) (LD): The forfeiture rule precludes a person who has been convicted of unlawfully killing another person from acquiring benefit in consequence of the killing. However, if the deceased person is a close family friend, a spouse or a close family member, their killer can use and abuse the estate until they are convicted. Will the Government consider addressing that issue? Will the Minister meet me to explore whether the rule can be improved in that respect?
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): My hon. Friend raises an interesting point. I would be more than happy to meet him to discuss the matter further.
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T8. [901680] Mr David Ward (Bradford East) (LD): I listened with interest to the question that the hon. Member for Colne Valley (Jason McCartney) asked about PPI claims. It is excellent news that the Competition Commission is taking action to address market failure in the car insurance industry. The Department for Business, Innovation and Skills, the Department for Transport and the Home Office are all making a contribution. Is there anything more that the Ministry of Justice can do?
Mr Vara: I thank my hon. Friend for that question. Given that the Competition Commission is undertaking that inquiry, it is probably best to listen to what it has to say, take note and see whether we can improve on its suggestions.
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Paul Goggins (Wythenshawe and Sale East) (Lab): The Secretary of State indicated earlier that he was planning a consultation on mesothelioma victims. Does he accept that the review that his Department recently carried out simply did not fulfil the requirements of section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Mr Vara: We had a consultation, and we have come up with the preliminary report. As was said earlier, we will come up with a fuller report in due course.
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Robert Flello (Stoke-on-Trent South) (Lab): May I take the Secretary of State’s mind back to the war memorial at the former Fenton magistrates court? There seems to be a bit of confusion among some of my constituents who are fighting for it about the difference between a covenant and a clause in a sale contract. Will he put on record whether there will be a permanent covenant or a temporary contract clause?
Mr Vara: I have corresponded with the hon. Gentleman on the subject, and I can assure him that there will be a covenant to ensure that the monument is preserved, and not temporarily.
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Legal Aid (Funding)
3. Jessica Morden (Newport East) (Lab): What assessment he has made of the effects of reductions in funding for civil legal aid. [901650]
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): The Ministry of Justice and the Legal Aid Agency keep the legal aid scheme under constant review, in terms of both expenditure and the impact of reforms. The Government will undertake a post-implementation review of the legal aid provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within the next three to five years.
Jessica Morden: Since the Government’s legal aid cuts, more of my constituents have had to represent themselves in family courts against former partners who can afford a solicitor, and local cases are being deferred by judges because they do not feel that the litigant in person is sufficiently prepared. Does the Minister agree that it is time to be transparent and produce figures showing the number of litigants who have appeared in person and the number of deferred cases that have taken place since the changes, so that we can judge the impact on our courts for ourselves?
Mr Vara: The reforms did not come into effect until earlier this year, and we need to give them a bit more time. As I have said, we will be reviewing the position, but it is currently too early to form a proper assessment.
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Claims Management Companies
17. Andrew Jones (Harrogate and Knaresborough) (Con): What steps he is taking to tackle rogue payment protection insurance claim companies and nuisance calling by those companies. [901665]
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): Our priority is to protect the public by rooting out and punishing bad practices by claims companies. The claims management regulator is expanding its resources and consulting on a new set of toughened rules to crackdown on abuses, and later next year claims companies will face fines for rule breaches.
Andrew Jones: I thank the Minister for that reply. Given that so many rogue companies have been plaguing constituents, what effect have the Government’s actions had on the number of claims firms?
Mr Vara: I am happy to say that there has been a positive impact on the numbers. Between January and November 2013, the total number of authorised claims management companies decreased by 718; the total number of personal injury claims management companies fell by 917; and the total number of PPI claims management companies fell by 85. That is clear evidence that the Government’s tough measures are having an impact.
23. [901672]Jason McCartney (Colne Valley) (Con): I serve on the Transport Committee, and we have just completed an inquiry into the effect of fraudulent whiplash claims on the cost of motor insurance. Will the Minister update the House on what steps the Government are taking to stop bogus claims by rogue firms driving up the cost of insurance premiums for drivers?
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Topical Questions
T5. [901677] Andrew George (St Ives) (LD): The forfeiture rule precludes a person who has been convicted of unlawfully killing another person from acquiring benefit in consequence of the killing. However, if the deceased person is a close family friend, a spouse or a close family member, their killer can use and abuse the estate until they are convicted. Will the Government consider addressing that issue? Will the Minister meet me to explore whether the rule can be improved in that respect?
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): My hon. Friend raises an interesting point. I would be more than happy to meet him to discuss the matter further.
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T8. [901680] Mr David Ward (Bradford East) (LD): I listened with interest to the question that the hon. Member for Colne Valley (Jason McCartney) asked about PPI claims. It is excellent news that the Competition Commission is taking action to address market failure in the car insurance industry. The Department for Business, Innovation and Skills, the Department for Transport and the Home Office are all making a contribution. Is there anything more that the Ministry of Justice can do?
Mr Vara: I thank my hon. Friend for that question. Given that the Competition Commission is undertaking that inquiry, it is probably best to listen to what it has to say, take note and see whether we can improve on its suggestions.
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Paul Goggins (Wythenshawe and Sale East) (Lab): The Secretary of State indicated earlier that he was planning a consultation on mesothelioma victims. Does he accept that the review that his Department recently carried out simply did not fulfil the requirements of section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Mr Vara: We had a consultation, and we have come up with the preliminary report. As was said earlier, we will come up with a fuller report in due course.
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Robert Flello (Stoke-on-Trent South) (Lab): May I take the Secretary of State’s mind back to the war memorial at the former Fenton magistrates court? There seems to be a bit of confusion among some of my constituents who are fighting for it about the difference between a covenant and a clause in a sale contract. Will he put on record whether there will be a permanent covenant or a temporary contract clause?
Mr Vara: I have corresponded with the hon. Gentleman on the subject, and I can assure him that there will be a covenant to ensure that the monument is preserved, and not temporarily.
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