1 March 2016

Shailesh Vara responds to a debate on the proposed closure of Lambeth County Court.

The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara): May I say what a pleasure it is, as always, to serve under your chairmanship, Mr Gray? I commend the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing this debate—we have met about the matter—and I take the opportunity to put on record that she is an extraordinarily diligent and conscientious Member of Parliament who has spoken up very effectively for her constituents in the short time that she has been an MP. I am pleased to see that we also have the hon. Member for Streatham (Mr Umunna) and the hon. Member for Bermondsey and Old Southwark (Neil Coyle) here today, because both of them have written to me and we have corresponded on this issue.

It is absolutely clear from today’s debate that the hon. Lady cares deeply about our courts and the delivery of justice. I want to assure her that I do, too. Before I speak about Lambeth county court, I will mention some general points. The consultation that we have just concluded ran last year and had more than 2,100 responses, all of which were carefully reviewed and analysed. I care about reforming our courts—about moving from places that have changed little since Victorian times to a modern, responsive and flexible system fit for the 21st century.

Neil Coyle: I echo the Minister’s kind words about my colleagues. I am sure that many of those respondents contacted the Minister and the Department to demonstrate their commitment to justice and modernising justice, but how many of the 2,100 responses agreed that it was sensible to close the court?

Mr Vara: I cannot give the hon. Gentleman a precise number regarding the 2,100 responses that we received, but it is fair to say that a number of them objected to closures. As I said, we carefully looked at all the responses that were given. If he gives me some time, I will say that we did actually listen to many of the points that were made—if he bears with me, I will come to that.

Despite the best efforts of our staff and the judiciary, the infrastructure that supports the administration of the courts and tribunals is inefficient and disjointed. It uses technology that is now decades old. We offer very few services online and rely on paper forms. We key in data and pass bundles of documents between agencies. When we need to take payment, we can often only accept cash or cheques. We convene physical hearings to discuss matters of process. We need to end the old-fashioned ways of working that create inefficiencies and which make it hard for the public to access justice.

That is why the Government have a significant reform programme in which there will be an investment of some £700 million over the next four years. That will transform the experience of everyone who comes into contact with the courts and tribunals. New services and new, more joined-up ways of working across the justice system will require a modern infrastructure to support them. The reforms will increase access to justice by making it swifter, easier and more efficient.

To achieve those benefits, however, we must make difficult decisions, and deciding to close a court is undoubtedly one of the most difficult. I want to emphasise that we have listened to the responses to the consultation. 

We have retained four courts and in one further case, we have retained one of the jurisdictions along with the building following the responses that we received. In 22 courts, we have modified the proposal in some way to reduce the impact of the closure on court users—indeed, Lambeth is one of those courts, and I will refer to specific points on that shortly.

In the case of Lambeth county court, the court is poorly used; it is only used for around 40% of its available sitting time. The building is in need of considerable maintenance, including the replacement of air conditioning, lighting and aspects of the heating and hot water system. In many respects, it is simply not fit for purpose as a modern and flexible court building.

As the hon. Member for Dulwich and West Norwood mentioned in her speech, she and I had a meeting—I thought it was very productive—following which we were able to engage in conversation with my officials and she was able to liaise with the local council, Southwark council, and there was a very productive dialogue. Unfortunately, after Southwark council had carried out a feasibility study, it came to the conclusion that county court work could not be transferred to its premises, which we were open to considering. I am, however, pleased that following the representations that she and others made, and recognising the enormous number of housing possession cases that are at Lambeth county court, we have managed to shift the work two miles down the road to Camberwell Green magistrates court. I think that is not unreasonable, in that we have listened, and I would like to think that two miles is not a huge distance.

I understand that the closure of a court has a very real impact on the court’s users, staff and judiciary, but I want to make it clear that in England and Wales, the closure of 86 courts will only reduce the proportion of citizens who will be able to reach their nearest civil or family court within an hour by car by 1% and by public transport by 5%. It is also worth pointing out that the majority of the population will never have to attend a court, and for those who do, it is likely to be a rare occurrence.

The issue of access to justice featured prominently in the hon. Lady’s speech. Being able to access courts and tribunals when required is, of course, essential, but effective access to justice is not defined simply by the proximity to a court or tribunal building. It should be defined by how easy it is for court users to access the service they need, however they choose to do that. We want to take advantage of the choice and flexibility that digital technology offers. We will move towards a system in which face-to-face hearings are required only for sensitive and complex cases. Online plea, claims and evidence systems with much wider adoption of video conferencing into court will reduce the need for people to travel to court.

Helen Hayes: It is not clear to me what the timescale is for the investment of £700 million in new technology, or whether there will be a time lag following the closure of Lambeth county court, the move to Wandsworth and the introduction of the advantages that new technology may be able to bring. Will the Minister set out the timescale and process is a little more detail?

Mr Vara: The hon. Lady raises a good point. She will appreciate that I cannot, off the cuff, give her the timetable for Lambeth court, but I can say that it is clearly very important that there is synchronisation between the closure, the transfer of work and the new digital process coming in. Otherwise, there will be an extraordinarily chaotic justice system, which is the last thing any of us want. I assure her that we will be working at pace to ensure the modernisation will work alongside any closures and transfers. She was right to raise the point and I hope I have given her some comfort.

It cannot be right that people are able to transact important aspects of their lives online—for example, completing their tax returns or doing bank transactions—but when interacting with the court having to revert to paper forms and photocopying evidence. I am keenly aware that many people who encounter our justice system do so when they are at their most vulnerable. They may be a victim or witness in a criminal case, or individuals, businesses and families trying to resolve disputes. They may have been recently bereaved or experienced family problems. Whatever the circumstances we need to make better use of technology to provide them with easier access to a more responsive system. This will benefit vulnerable users, with swifter processes and more proportionate services in many cases, which will reduce the need for potentially stressful attendances at court.

Indeed, we have a duty to offer more convenient, less intimidating ways for citizens to interact with the justice system while maintaining the authority of the court for serious cases.

Mr Umunna: Will the Minister give way?

Mr Vara: I am mindful that the hon. Member for Streatham spoke about security and if he wanted to intervene on that, I propose to deal with it now. He raised an important point. At present, we have a system whereby witnesses, victims and defendants can all end up on the same public transport going to the same court. Under the new and reformed court system that we envisage, we hope that evidence can be given from a video conferencing suite, perhaps in a civic building or a local police station. That would be done at an appointed time so the victim and the witness would turn up at a given time. It is likely that that suite would be much closer than the court that is dealing with the case. That must be a better and safer system.

Travel time is mentioned regularly, but given that we are moving to a system with video links, travel times will not be longer and in many cases may be shorter because people will be going to a civic centre or police station to give their evidence. That will reduce cost and time, and will be a lot more convenient.

Mr Umunna: One problem—there are several—is that the Minister cannot give my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) a timeframe for the introduction of the technologies. In his answer just now he used words such as “likely” and “may” do this or that. The problem is that the absence of the technology will create all sorts of problems for our constituents.

My second point is about the data that were collected and formed the background to the consultation. Clearly, they were collected when one of the judges was absent so were not reflective of just how busy Lambeth county court is.

Mr Vara: On the data, I assure hon. Members that the decision was based on the correct information. I hope the hon. Gentleman appreciates that, with the best will in the world, consultation on 91 courts requires human beings to put a huge amount of data into documentation. I assure him that the decision was taken on the correct information.

On my use of the words “may” and “will”, the hon. Gentleman should look at our track record. During the consultation, I met the hon. Member for Dulwich and West Norwood. Following our meeting, there was instant dialogue between my officials and Southwark council. While the consultation was still proceeding, the council came to the conclusion that it was unable to accommodate what we wanted.

It would be unreasonable for the hon. Gentleman to expect me to give a specific time, date or month. All I can say is that when we are putting in place a £700 million-plus programme of court reform throughout England and Wales, he must take it on trust that we will do our damnedest to make sure everything fits in and is timely and orderly because, if it is not, there will be one massive chaotic justice system, which is the last thing I want.

Neil Coyle: I note the absence of a specific timeframe, which is unfortunate. Perhaps the Minister will write to my hon. Friends about that. Where is the assessment of the new costs to the police and councils of providing space for the video conferencing that the Minister mentioned?

On journey times, can the Minister tell us what percentage of cases he expects members of the public will still have to attend? In my constituency, there is a growing number of controlled parking zones. Thousands of people are not allowed to own a car where they live so a massive number of people will still be expected to use public transport and, as I have said, a round trip from Rotherhithe in the rush hour will take around four hours.

Mr Vara: I am mindful that I have about two and a half minutes and I am keen for the hon. Lady to have a few minutes to sum up.

In response to the hon. Gentleman, 20 years ago it was unthinkable that people would be accessing banking services from the comfort of their kitchen table or their sitting room. They did not know they would be able to access the Inland Revenue and file their tax return from the comfort of their home. It is important to recognise that proximity to justice does not mean being in a physical building called a court. We already have online transactions taking place. We will do our best to ensure that the £700 million-plus programme works apace and that we deliver the service that we want for a 21st-century justice system that is fit for purpose.

I am grateful to the hon. Lady for securing this debate and I hope I have given her some comfort. I conclude by saying that this is a once-in-a-generation opportunity to reform our court system and that is precisely what we seek to do.

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