Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking to ensure that employment tribunal hearings are held on time.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
HM Courts & Tribunals Service (HMCTS) has been working closely with the Judiciary, the Ministry of Justice, the Department for Business, Energy and Industrial Strategy and in consultation with stakeholders to introduce a number of measures to support the delivery of justice. These include the introduction of legal officers (referred to as Tribunal Caseworkers) who will make an important contribution to reducing pressures and allowing Judges to concentrate on hearing cases. The further recruitment of Employment Tribunal (ET) Judges and the deployment of non-ET Judges to sit within the ET system will provide additional capacity.
Employment Tribunals have continued to sit during the covid-19 lockdown restrictions by making use of online and remote technology to hear cases and ensure continued access to justice for users. Face to face hearings are now starting to resume where it is safe to do so in line with comprehensive and ongoing risk assessments.
Having responded effectively to the immediate crisis, HM Courts & Tribunals Service (HMCTS) is now fully focused on recovering its operations to increase courts and tribunals capacity to deal both with normal workloads across jurisdictions and outstanding cases. HMCTS has recently published a progress update on its recovery plans, see attached.
The Employment Tribunal Presidents have also published a document setting out how Employment Tribunals operate both now and, in the months, ahead.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the findings of the research by the Bar Council published on 27 April that without further support 74 per cent of self-employed barristers will be unable to continue to practice.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government is continuing to engage with the Bar Council to understand the concerns and what support we can provide. The Government’s Self-Employment Income Support Scheme (SEISS) covers most people who receive most of their income from self-employment. In addition, for criminal legal aid practitioners, we have provided greater access to hardship payments from the Legal Aid Agency to allow practitioners to claim one month after they were first instructed instead of six, and to lower the threshold for work done on a case from £5,000 to £450. We also note that the four Inns of Court have created a package of measures to assist junior barristers and that an emergency fund by the Barristers’ Benevolent Association and hardship funds from the inns are being introduced. We continue to keep the situation under review in the light of developing recovery plans.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they taking, if any, to support young barristers.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The legal profession in England and Wales is independent of government, and barristers are regulated by the Bar Council through the Bar Standards Board. The Government’s Self-Employment Income Support Scheme (SEISS) covers most people who receive most of their income from self-employment, and young barristers who are eligible can benefit from this scheme. For young barristers who are criminal legal aid practitioners, we have provided greater access to hardship payments from the Legal Aid Agency to allow practitioners to claim one month after they were first instructed instead of six, and to lower the threshold for work done on a case from £5,000 to £450.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking to support barristers' chambers doing publicly funded work.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We recognise the vital public service provided by legal aid practitioners and the essential work barristers do in helping to ensure we maintain access to justice for those who need it.
We know that the Covid-19 outbreak has created a range of challenges for the legal aid profession. We are doing all we can to address these challenges and ensure that the justice system continues to operate effectively.
Key representative bodies have continued to engage with Ministers and senior officials throughout this challenging period, and officials have sought out the views of legal aid practitioners on the impact of the crisis on their businesses. This is not limited to criminal legal aid matters - we are also engaging with the profession on support for civil legal aid practitioners and third sector providers.
The Legal Aid Agency has taken steps designed to help support legal aid provision during this period including making money available in interim payments and halting debt collection.
For criminal practitioners we have provided greater access to hardship payments to allow practitioners to claim 1 month after they were first instructed instead of 6 months and to lower the threshold for work done on the case from £5,000 to £450.
In order to focus on the most pressing issues for practitioners during the COVID-19 pandemic we agreed with provider representative bodies to temporarily pause our work on the Criminal Legal Aid Review in order to focus on short term sustainability issues. This led to us pausing the criminal legal aid review consultation on the accelerated areas which was due to close on the 27th March 2020.
The closing of the consultation and the Governments official published response is one of the first steps as we return our attention to the wider review which has a focus on long term sustainability of the criminal legal aid market.
Lastly, where possible we would also encourage practitioners to take up the available HM Treasury schemes; the Self-Employed Income Support Scheme (SEISS), Coronavirus Business Interruption Loan Scheme (CBILS) and Bounce Back Loan Scheme.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to issue electronic bracelets to people breaking quarantine restrictions in order to reduce the spread of COVID-19.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The government uses electronic monitoring, tagging technology, where a requirement such as a curfew or exclusion zone is imposed by the court as part of a community order or suspended sentence order or to support court imposed Bail. The technology is also imposed on some eligible offenders on release from custody.
Parliament has provided the courts with the full range of sentencing powers to deal effectively with offenders who break social distancing rules. These range from fines to custodial sentences for more serious offences where coronavirus is used to threaten others. We have already seen significant sentences imposed on those using coronavirus as a threat. There are currently no plans in place to use electronic monitoring technology to monitor compliance with the Covid-19 regulations for the general public.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the (1) financial impact of COVID-19 on legal aid lawyers, and (2) the long-term impact of court trials that need to be restarted as a result of the COVID-19 pandemic.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We recognise the vital public service provided by legal aid practitioners. We know that the Covid-19 outbreak has created a range of challenges for the legal profession. We are doing all we can to overcome these and ensure that the justice system continues to operate effectively, maintaining access to justice for those who need it.
In doing this, we are working closely with legal practitioners and other providers of legal support across the justice system, to understand their concerns and the immediate and longer-term support needs to keep the justice system running during the crisis and recovery beyond. Key representative bodies have continued to engage with Ministers and senior officials throughout this challenging period, and officials have sought out the views of the legal services sector on the impact of the crisis on their businesses.
The measures introduced by HMT have provided some support to the profession. We are working with practitioner representative bodies to understand any gaps in the provision for particular parts of the profession.
The Legal Aid Agency has taken steps designed to help support legal aid provision during this period including making money available in interim payments and halting debt collection.
For criminal practitioners we have provided greater access to hardship payments to allow practitioners to claim 1 month after they were first instructed instead of 6 months and to lower the threshold for work done on the case from £5,000 to £450. We estimate up to 20,000 cases under the LGFS (Crown Court litigators’ fee scheme) and 27,000 cases under the AGFS (Crown Court advocacy fee scheme) could be eligible under the new provisions, increasing the amount of funding brought forward (when combined with the interim payments already available) from £45m to £140m.
HM Courts & Tribunals Service (HMCTS) is working hard in partnership with the judiciary to keep our justice system functioning during this unprecedented public health emergency. Our priorities are to maintain access to justice and to protect the safety of all who work in the courts and tribunals.
The courts are now in a position, with approval from Public Health England and Public Health Wales, to take some first steps towards the resumption of jury trials. A limited number of trials will take place, conducted safely and observing social distancing rules, at courts including the Old Bailey in London and at Cardiff Crown Court. These will also help us to understand how it might be possible to conduct trials more widely as the situation with coronavirus develops.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the risk posed to legal aid lawyers who have to attend police stations and psychiatric hospitals during the COVID-19 pandemic.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The safety of legal aid practitioners is of critical importance and the Government has taken steps to ensure their safety, while also ensuring that individuals can still receive crucial legal advice.
Guidance has been issued that all Mental Health Tribunals should be conducted remotely. Where this is not possible, secure mental health inpatient settings tend to be configured in such a way that isolation of patients is straightforward. NHS England and Improvement have taken steps to ensure rigorous infection control procedures and have restricted all non-essential visits, while still permitting essential legal visits. These measures minimise the risk of infection spreading within inpatient settings and so protects attending legal aid practitioners.
Criminal legal advice can continue to be delivered over the telephone via the Defence Solicitors Call Centre. A joint criminal justice interview protocol has been issued stating that legal advice should take place whenever possible over the telephone or by video link. Where this is not possible, interviews must be carried out in accordance with Government advice and the NPCC has issued guidance on the safe operation of custody suites to support this.
To further support this, HMCTS have launched a new cloud video platform to expand remote hearing capacity and enable all parties in a criminal hearing to take part remotely.
We have ensured that mental health and crime providers will be remunerated for remote advice in the same manner as for in-person hearings.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the number of lawyers who have been asked to continue working despite being furloughed.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government has not made any assessment of the number of lawyers who have been asked to continue working despite being furloughed. Under the framework established by the Legal Services Act 2007, the legal services profession in England and Wales, and the bodies that regulate it, are independent of Government. The legal services regulators are able to take action if lawyers or law firms breach conduct rules.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to (1) introduce tougher sentences for sex offenders, and (2) stop sex offenders being granted parole.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Sexual Offences Act 2003 provides for a range of sexual offences which rightly carry robust penalties to deal with this serious offending – including some which carry a maximum penalty of life imprisonment. Since 2010, the average length of a custodial sentence for sex offenders has increased by more than 25 per cent. Sentencing in individual cases is a matter for the independent judiciary, who take into account the full facts of each case. The courts are required to follow any guidelines produced by the independent Sentencing Council relevant to the case before them, including the definitive guideline on Sexual Offences.
For those who receive a life sentence, they must serve the minimum term in prison required by the sentencing court, following which they will only be released by the independent Parole Board if the Board is satisfied they no longer need to be detained for the protection of the public. Other sex offenders may receive an Extended Determinate Sentence (EDS) if the court considers they could pose an ongoing risk. In those cases, the offender must serve at least two-thirds of the custodial term in prison and will only be released before the end of the full custodial term if the Parole Board is satisfied it would be safe to do so
The Government has no current plans to abolish the possibility of parole for offenders serving these types of sentences. Offenders should rightly be punished for their offences, but once they have served their punishment they should only continue to be held in prison if their risk remains too high for them to be released.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking, if any, to increase diversity at UK law firms.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The legal profession in England and Wales is independent of Government. Statutory responsibility for encouraging an independent, strong, diverse and effective legal profession sits with the approved regulators, overseen by the oversight regulator, the Legal Services Board. Ministry of Justice Ministers take every opportunity to encourage the sector to ensure it more closely represents the diverse society it serves through ongoing engagement with the regulators and the legal profession.