(4 days, 22 hours ago)
Commons ChamberThe Select Committee has just begun an inquiry into access to justice. The evidence we are getting suggests that civil and family legal aid in particular are in a dire position, with fees now approximately half what they were 28 years ago. There have been welcome increases in housing and immigration fees, but what wider plans does the Secretary of State have to review legal aid fees, particularly in the area of civil and family law?
My hon. Friend will recognise that the uplift of £20 million in housing and immigration is significant; it is actually the first major uplift in his and my time here in Parliament. He is right that we should look across the piece at civil legal aid, combined with what is happening in our courts, and I will continue to do that over this next period.
Is the Secretary of State aware that there is a crisis in family mediation, with no confirmation of mediation vouchers going beyond next April and over half of legal aid providers having been forced to give up in the last eight years? Does he agree that this is short-sighted, as mediation saves time, money and families, and will the Government work with the Family Mediation Council to rescue the sector?
Mediation is hugely successful, and I reassure my hon. Friend that we will continue to talk to the sector about this issue. I will update him in the coming weeks.
(1 week, 5 days ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
There is no reason why the Government should not consider mode of trial as part of their reform of the criminal courts, but they would find more support if they could better evidence the effects of the proposed changes to jury trial. To what extent will they reduce the backlog? What proportion and types of cases will no longer be eligible for jury trial? If courts are to be swifter and have greater sentencing powers, what effect will that have on the prison population?
Sarah Sackman
I am grateful to the Chair of the Justice Committee for his reflection that mode of trial is worth looking at. Of course, the Government will provide an impact assessment when we bring forward the legislation necessary to accompany these reforms, but I suggest that we do have an evidence base, as provided to us by the independent review of the criminal courts. We also have the very real evidence base that the offences we are talking about are not summary-only, which are already dealt with in the magistrates court, nor indictable-only offences, which will always have a jury trial in our Crown court, but triable either way offences. At the moment, defendants can opt either for a magistrates trial or for a Crown court trial. What we know is that where defendants opt for a magistrates trial, those are being heard four times faster on average than those heard in the Crown court. That is a pretty strong evidence base, coupled with that of the IRCC. Of course we will need to present the impact assessment of the package that we are bringing forward, but there is no doubt that the Government are taking action on an evidential basis, provided through an independent review.
(2 weeks, 4 days ago)
Commons ChamberMay I recognise the commitment of the Lord Chancellor and the Minister of State in grasping the issue of the Crown court backlog, which, as Sir Brian Leveson says, is a threat to our whole system of criminal justice? The criticism of these proposals from those on the Opposition Benches comes with no solution whatsoever. I also acknowledge the Lord Chancellor’s decision to stay within the limits proposed by Sir Brian for cases that will be tried without a jury in the future.
None the less, these are profound changes to the criminal justice system that not only restrict the role of juries, but substantially extend the powers of magistrates and judges sitting alone. Will the Lord Chancellor therefore evaluate the effects of these changes to see whether they, along with other measures such as increased investment, bring down the backlog and whether they do so fairly, without bias and without increasing conviction rates or sentence length? If they do not deliver on all these points, will he think again?
I am grateful to my hon. Friend for all his work in these areas. Yes, I can commit to that evaluation, which is very important indeed. In his report, Sir Brian estimated that the system would be 20% faster: it takes time for juries to deliberate, and without the conveyance of information between barristers, the judge and the jury being necessary, he expects that a judge-led or magistrate-led system will be speedier. As my hon. Friend will know, the magistrates courts do not currently have a backlog and with an increase in the number of magistrates, they can do a little more.
(3 weeks, 2 days ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister is right that we cannot go on as we are with 80,000-plus cases in the backlog and growing, and four-year delays in serious cases. She is also right that there is nothing sacred about jury trial for any particular level of offence. But if the Lord Chancellor is thinking of going beyond Sir Brian Leveson’s proposals, he will need to produce some clear evidence as to why that is necessary and why that does not offend our system of justice, of which we are all still very proud. That is not only about more serious offences; if the leak is to be believed, it is also about extending magistrate courts’ powers beyond the 12 months, which they have only just gone up to, and a massive extension of judge-only trials. I appreciate that the Minister might not be able to answer all those questions today, but when will we hear those answers and get the response to Sir Brian’s report?
Sarah Sackman
My hon. Friend is absolutely right that, of course, I will not be commenting on a leaked document. No final decisions have been taken. What I can say is that we are giving very careful consideration to Sir Brian’s blueprint. We are giving very serious consideration to his conclusion that the current system, as my hon. Friend says, is broken and that we need structural reform. That requires that we countenance the idea of judge-only trials and a thorough review of what magistrate courts’ sentencing powers should be. It also requires that we ask the question that Sir Brian invites us to answer: when is it proportionate to have a jury trial, with all the rigour but also with all the expense and delay that can entail? Is it right that we ask somebody accused of stealing a bottle of whisky to be ahead in the queue of the rape victim waiting for her jury trial? That is the question he poses, and that is the question that when we come forward with our detailed plans, which need to be considered as a whole, it will be necessary for this House to consider.
(1 month ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I call the Chair of the Justice Committee.
May I thank the Minister for reaffirming the Government’s support—which it should not be necessary to do—for the rule of law and the ECHR? Will she concentrate on the key points here? The first is making sure that the most dangerous prisoners are held securely and the second is ensuring the safety of prison officers. Will she also say what the status of Jonathan Hall KC’s review is? I understand that it has been with the Lord Chancellor for some months. When will we see that and when will we implement the recommendations of the report?
As I have stated, the Government are committed to ensuring that separation centres continue to prevent those who pose the highest terrorist risk from influencing the wider prison population. That is precisely why we commissioned Jonathan Hall’s independent review following the appalling attack at HMP Frankland. Mr Hall has delivered his findings, which we and the Lord Chancellor are grateful for, and which we are considering very closely and with the utmost seriousness. We will publish the review and the Government response very shortly, but we are taking all relevant steps to ensure that our prisons and our prison staff are safe.
(1 month, 1 week ago)
Commons ChamberI welcome the initiatives that the Lord Chancellor has announced to deal with wrongful releases, but does he accept that the level and circumstances of such releases are symptomatic of a deeper malaise? Will he look at the Justice Committee’s current reports on drug culture, organised crime and the lack of education and work in prisons? Will he commit to tackling the underlying breakdown of order and discipline in the prison system, which, over years of decline, has made many prisons unsafe, chaotic and unfit for purpose?
I am grateful to my hon. Friend for all that he has been doing on these issues for many years. His words echo those of the prison inspector. My hon. Friend of course knows that this is a system that is incredibly hot, frankly, because violence is up, self-harm is an issue, and there is the issue of things arriving in prison by drone, particularly drugs. We have staff doing the best they can in very difficult circumstances. My hon. Friend knows that no Government, in just 16 months in office, could turn around the austerity that this public service saw.
(1 month, 3 weeks ago)
Commons ChamberDoes the Chair of the Justice Committee wish to make a speech?
That is why I tabled my new clause in Committee. I did not want to be a pain in the neck; I just wanted the Minister to acknowledge our understanding of the implications of the measures and the Probation Service’s overall concerns about these matters. I have re-tabled the new clause simply to get the Minister’s view and to hear the Government’s attitude on those issues. A range of amendments have come from the justice unions parliamentary group, which the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) chairs.
Let me be absolutely clear: community service has always been state-supervised work with charities and non-profit organisations. At no stage do we want to allow private sector organisations to profiteer in that area of service. No matter what attitude the Minister takes, I hope that he can give us an assurance on that. If there is a need for further discussion and dialogue, I am sure that the justice unions parliamentary group will be willing to meet him to go through those issues in more detail.
My right hon. Friend makes a good point. Although commercial organisations may well be able to run community schemes, it is clear that the ambition of voluntary organisations is rehabilitation and the prevention of reoffending, and that really must be the goal of community sentencing, which is at the heart of the Bill.
I can only draw on the experience that my hon. Friend and I had when Serco was in charge, which was about profiteering and reducing costs, largely through a reduction in staff. He might recall that on occasion we had reports that community service volunteers were turning up, and the tools were not available for them to do their work. There was a lack of supervision, and in a few instances we discovered that some of the vehicles that they used had been forced into and were unsafe.
We do not want to go back to that profiteering. That is why an assurance that this provision will be managed and orientated by the state, using non-profit-making voluntary organisations and charities, would reassure those professionals who have unfortunately experienced the privatisation that has taken place in the past, to the detriment of us all.
My hon. Friend is making an excellent speech. As she said, the chief inspector of prisons has found that rehabilitation in prisons is not working. This Bill presents an opportunity for a sea change in how that works, as well as in reoffending when people leave prison. As a member of the Select Committee, she will know that we will soon produce a major report on rehabilitation. It is essential that purposeful activity becomes the norm in prisons, and not the exception.
Linsey Farnsworth
I thank my hon. Friend, the Chair of the Select Committee. I greatly trust and rely on his opinion. It is essential that rehabilitative work is available to all in prisons, as I will go on to talk about in a little more detail.
On my second point, structured rehabilitation during custody prepares individuals for life after release. As the earned progression model stands, the emphasis on rehabilitation begins largely during the intensive supervision stage. While I welcome the focus and measures in the Bill to tackle the root causes of crime, we should not wait until release from custody to begin that important work. Too often, individuals return upon release to the same environments, the same pressures and the same risks that contributed to their offending in the first place. Why wait, when we can intervene when they are most reachable? We literally have a captive audience. If people leave custody having already engaged in structured rehabilitation, they are more likely to respond positively to supervision and less likely to reoffend. That in turn reduces pressure on the Probation Service, which is also already under immense strain.
To summarise, the model proposed by new clause 36 is fair and proportionate, actively rewarding good behaviour while existing provisions in the Bill punish bad behaviour. Those who engage constructively while in custody through an earned progression scheme may be released as early as a third in. Those who break the rules will serve more days. Meanwhile, those who neither engage positively nor breach rules will see no change in their release date. That ensures that rehabilitation, positive behaviour, purposeful activity and steps towards reintegration are actively incentivised and baked in to the earned progression model from the start.
Having said that, I understand that practicalities have to be considered in implementing this positive requirements scheme, if it is to be successful. Years of neglect by the previous Government have left our prison system overstretched and under-resourced. On 4 February, the Justice Committee heard evidence from Clinks, the Prison Reform Trust, Women in Prison, and Nacro. We were told during that session that only 50% of prisoners are engaged in education or work, which is often part-time and not rehabilitative. That is due to staffing shortages, overcrowding and limited resources and facilities. In essence, we have inherited prisons that cannot offer the programmes people need and access to purposeful activity is highly inconsistent.
I recognise the immense scale of the challenge in getting the prison system to a place where the proposals in my new clause can be implemented fairly, effectively and with the necessary resources across the country. While I do not expect the Government to accept my new clause today, I strongly urge the Minister to commit to incorporating positive requirements on purposeful activity in the earned progression model as soon as conditions allow. This incremental approach is in line with the position that David Gauke outlined in his review.
He said:
“This Review holds the view that, as prison capacity eases and fuller regimes become possible, compliance requirements for earned release should become more demanding.”
Only by doing this will we truly future-proof our prisons, help people to turn their backs on crime, and ensure, unlike the last Government, that we always have places in our prisons for the most dangerous offenders.
Jake Richards
We will speak to Home Office colleagues and others to look at the possibility of doing that, absolutely. The hon. Lady has my word—as does her constituent, who is no doubt watching this debate carefully—that I will work at speed on this issue, but I do not want to make promises that the Government cannot keep, so it is vital that we do the work. We understand the burden that it will place on the services that will need to do the work to make sure that this is done, but I want to be clear that this is a problem. We accept that it is a problem, and we are going to take action to solve it. I will continue to have conversations with the hon. Lady as part of that process, and I welcome the offer of cross-party talks. I am speaking to colleagues in the Department for Education and the Home Office, and I would be eager, if it is appropriate and possible, to speak to Paula herself to ensure that we get this right. But as I said, we want to do that quickly.
I have asked officials in my Department to look at what can be done within the criminal justice system, which sits within the Ministry of Justice, to track child abuse offenders and offences involving child cruelty. I again thank the hon. Member for Maidstone and Malling for her work on this issue. I look forward to working with her, and with other hon. Members who have shown an interest in this issue, to achieve an important change in safeguarding that is absolutely necessary.
I turn to new clause 12, tabled by the hon. Member for Chichester (Jess Brown-Fuller), which seeks to allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence. She and I had a brief discussion outside the Chamber about this, and it is important to note that remand prisoners can already access such programmes where prisons run them. The Government accept that there is a lack of such provision in our prisons—something that we absolutely have to improve and work on—but we must remember that remand prisoners have not been convicted of an offence. They cannot be required to undertake any of these services, but it is an issue that I am very much aware of. I will continue to have conversations with her and other colleagues about that over the coming weeks and months as we look to improve those services within prisons.
I congratulate the Minister on his Bill, which can undo the damage done to the prison system over the past 14 years of neglect and mismanagement, but while he is clearly in listening mode, let me say that it is capable of improvement. I tabled a number of amendments that were designed to improve the Bill in Committee last week. I will write to him to remind him what they are, but will he look at those proposals, which were made in good faith, to see whether changes can be made in the other place?
Jake Richards
As always, I welcome the contributions of the Chair of the Justice Committee. I am very aware of the array of amendments that he and I discussed before Committee stage last week. I have not returned to them in the last seven days, but we will no doubt do so in the coming weeks as the Bill progresses.
I will briefly touch on the issue of probation. A number of amendments have been tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and spoken to by other hon. Members. The Government accept that the Bill places an extra responsibility on the Probation Service. That is why we are investing £750 million in probation—a 45% increase, and the biggest upgrade to investment in probation for a generation. We are investing £8 million to improve technology, so that probation officers can undertake probation work rather than be stifled by the burden of paperwork. We recruited 1,000 probation officers in our first year and 1,300 this year. However, there is undoubtedly more work to be done, and we will undertake that work in the coming weeks and months.
This Government have been very clear that work must be at the heart of our prisons. Ensuring that offenders work will mean that they can be rehabilitated and, when they leave prison, can enter society with the prospect of employment. Clearly, some of the details of how that work provision is provided and the role of the private sector have to be worked out carefully. I am very happy to meet the justice unions parliamentary group to discuss that, but I will never apologise for ensuring that there is work provision in our prisons, because it is absolutely vital. Labour is the party of work. We believe in the inherent value of work, and work in our prisons plays a vital role in rehabilitation.
(1 month, 3 weeks ago)
Commons ChamberI beg to move, That the Bill be now read the Third time.
I begin by placing on the record my thanks to the Whips, the Parliamentary Business and Legislation Committee and all the brilliant, dedicated officials at the Ministry of Justice who have worked so hard to bring this legislation forward. Particular thanks go to Rachel Bennion, Hayley Newell and Cassie Blower. I also pay tribute to London Victims Commissioner Claire Waxman and Victims Commissioner Baroness Newlove in the other place, as well as Domestic Abuse Commissioner Dame Nicole Jacobs. I thank all right hon. and hon. Members across the House for their thoughtful contributions so far. They have all helped to shape this Bill, which will strengthen our justice system and make it one that is more responsive to victims, tackles delays in our criminal courts and delivers swifter and fairer justice.
When the Government took office in July last year, we inherited a justice system in utter crisis, with record and rising backlogs in the criminal courts delaying justice for too many people and victims more likely to be an afterthought than an important, integral part of the process. Reform of the system is essential, and this legislation will mark that significant step forward, but I have been clear that this is just the beginning.
The Bill at its core is about transforming the experience of victims throughout the criminal justice system. It will introduce measures to ensure that victims are heard, supported and treated with the dignity they deserve, and it will improve the efficiency and fairness of our courts.
May I congratulate my hon. Friend on piloting the Bill through the House? It is an excellent piece of legislation that will make a real difference to victims. But, as she said, it is just a start. Will she and the Department rededicate themselves to bringing down that Crown court backlog? Speedy justice is what victims want.
Absolutely. I thank my hon. Friend the Chair of the Justice Committee for holding our feet to the fire as a Government to ensure that we bear down on that backlog. The Minister of State, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), is ensuring that we deliver for victims by bringing down that backlog, with record investment in our court system, record sitting days and looking at the reforms brought forward and the recommendations of Sir Brian Leveson in his once-in-a-generation review. It is only when we get on top of that court backlog that justice can be delivered and victims will feel it has been done.
The Bill is a key part of the Government’s plan for change. It will deliver on many of our manifesto commitments to support and protect victims, restore confidence in our justice system and implement that swifter and fairer justice. I urge all hon. Members on both sides of the House to support its passage into law. I proudly commend the Bill to the House.
(1 month, 3 weeks ago)
Commons ChamberI call the Chair of the Justice Committee.
Given the pressure on prison front desks and the complexity of rules for release, this was an accident waiting to happen. One thing that might bring down the number of releases in error is the digitising of prisoner records. On visits to prisons, Justice Committee members are often horrified to find staff relying on handwritten files. While some parts of the justice system are entertaining artificial intelligence, why are our prisons still run on pen and paper systems?
My hon. Friend raises an important point. As he knows, there is to this day largely no wi-fi or anything like that available on our prison sites, in part because of concerns over the use of technology by prisoners. For that reason, prisons use a paper-based system, which will always be subject to some human error. In the context of this continued early release scheme being done on the quiet under the previous Government, and indeed because of the changes that we are making in the Sentencing Bill, it is right that we have a proper look at this. I discussed this matter with Lynne Owens when we spoke yesterday.
(1 month, 3 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
We begin with a Select Committee statement. Andy Slaughter will speak on the publication of the second special report of the Justice Committee, “Work of the County Court: Government Response”, HC 1387, for up to 10 minutes, during which no interventions may be taken. At the conclusion of his statement, I will call Members to put questions on the subject of the statement and call Andy Slaughter to respond in turn. Questions should be brief, and Members may ask only one question each. I call the Chair of the Justice Committee.
It is a pleasure to see you in the Chair, Mrs Hobhouse. I thank the Backbench Business Committee for allocating time for me to make a statement on the Government’s response to the fourth report of the Justice Committee, “Work of the County Court”.
Two independent reviews into the criminal justice system, those of David Gauke on sentencing and Sir Brian Leveson on the criminal courts, identified the crises in our prisons and criminal courts, and suggested solutions for the Government to address, including in legislation. The Committee welcomes the reviews, but there is an absence of an equivalent review into civil justice.
Our report called for a root-and-branch review of the county court, including a sustainable plan for reducing the systemic delays and inefficiencies we found. We are disappointed that the Government have rejected that recommendation, although pleased that they have adopted almost all the other recommendations in the report and that their rationale for rejecting an independent review is that our report sets out a detailed blueprint for action. The 17 recommendations that the Government have accepted focus on the most pressing issues facing the court.
The county court is the principal forum for delivering civil justice in England and Wales. It is where millions of our constituents, and businesses large and small, encounter the justice system, but, as our inquiry found, it is a system in crisis. I echo the Minister’s thanks to all who contributed to our inquiry and report; the many people and organisations that submitted written evidence and gave oral evidence; and those who contributed to our roundtable and welcomed us on our visits.
I also pay tribute to my predecessor as Chair, Sir Bob Neill KC, the former Member for Bromley and Chislehurst, under whose leadership the inquiry began in October 2023. Following the Dissolution of Parliament and the general election, the current Committee agreed to continue this important piece of work and press the Department on the performance of the county court.
The county court hears a vast array of cases, from the recovery of personal and corporate debt to landlords’ recovery of property and personal injury claims. In 2024, it heard more than 1.7 million claims. However, the average time for a small claims case to reach trial now exceeds 50 weeks, and for more complex claims the delay is even longer—more than 79 weeks. The evidence we received was deeply concerning. The length of delays is resulting in cases being settled at an undervalue.
Despite the county court being a single unified court, the length of delay depends on a court user’s postcode. We found that such regional differences are severe and result in a postcode lottery. Courts in London and the south-east are some of the worst affected, with examples of cases being delayed by more than two years. The Civil Justice Council told us that when all courts were ranked by their average delay, four fifths of the worst performers were in London and the south-east. In its response, His Majesty’s Courts and Tribunals Service notes that it publishes regional data that can be analysed by court, but we did not find any evidence of HMCTS sharing areas of good practice based on this data or of curiosity as to why any differences across England and Wales are occurring.
Our overarching conclusion was stark: the county court is a dysfunctional operation that fails to adequately deliver civil justice across England and Wales. The issues in London and the south-east typify issues faced across the county court. Behind the weeks of delays is a picture of insufficient judicial capacity, high staff turnover and inadequate training to support court users effectively. We found that the civil judiciary is no longer an attractive profession, and we were told of the poor working conditions and administrative burdens that the role now requires. Both the Lady Chief Justice and the Master of the Rolls agreed that there was an overdependence on fee-paid judiciary to plug the gaps of insufficient judicial recruitment.
We also heard that court staff are overstretched and poorly paid, with high turnover and use of agency staff undermining the efficiency of an already strained system. Court users felt unsupported by staff who could not provide updates on cases, while the centralised phone lines and inboxes were often left unanswered. That is simply not good enough. Those issues are symptoms of a wider delay. We put it to the Department that such symptoms must be addressed urgently if meaningful change was to be achieved. We recommended that any future review must include an in-depth assessment of staff recruitment and retention, including workload, capacity and regional disparities. We also recommended that the review look at the judicial offer. We are pleased the Government have accepted those recommendations.
As part of our inquiry, we visited Northampton county court, the Civil National Business Centre and the central London county court. What was particularly shocking was the poor condition of all those buildings. Our report highlighted the deteriorating physical state of the county court premises, with reports of asbestos, broken heating, leaking roofs and rat and insect infestations. The significant disrepair of the estate impacts staff morale and disrupts court operations, causing yet further delays. There are also problems with accessibility for those with disabilities. I take this opportunity to thank the court staff across England and Wales for their commendable efforts to operate an already crumbling system in such conditions.
In August 2023, £220 million of capital investment was announced, to be spent solely on the court estate across both criminal and civil jurisdictions. We are pleased that the Government have agreed to provide the Committee with a breakdown of how that funding was spent and how much, if any, was directed to the county court estate. We are also pleased to hear of recent capital projects at Taunton, Barnet and Norwich. It remains clear, however, that these projects and previous funding fall well short of what is needed to address years of chronic under-investment across the court estate.
I turn to other areas of funding. Legal aid was originally introduced to ensure access to justice. Through successive reforms, its scope has been reduced, leading to an increase in litigants in person. Self-represented parties usually do not have a legal background and struggle with procedural rules and court practice. In 2019, the Ministry of Justice recognised that litigants in person continued to require greater support in navigating court procedure, but little has changed. The Committee has embarked on a major review of access to justice, but in the absence of more funding for representation, more must be done to help litigants in person navigate the system.
In 2016, HMCTS launched a £1 billion project called the reform programme. It aimed to modernise the court and tribunal systems and transform them through digitisation. However, the project was continually modified and reduced by HMCTS and its timetable extended four times. It finally concluded in March this year. The reform programme was meant to bring end-to-end digitisation to the county court. By March 2025, it had achieved that in only 23% of cases. In practice, the reform programme delivered only two services solely for use in the county court: the damages claims portal and the online civil money claims service, both of which have faced heavy criticism. We heard of the dual running between new and old systems, a failure to take on feedback from practitioners and the continued and successive reliance on paper, adding unnecessary costs to the taxpayer and leaving an analogue system in a digital age.
We concluded that the reform programme was ultimately over-ambitious and under-delivered. The majority of the civil justice projects were de-scoped, culminating in a fragmented digital system. We recommended that HMCTS review all de-scoped work and prioritise its digitisation to bring a true end-to-end digital service to the county court. We are pleased that, in their response, the Government confirmed that such a review has taken place. A digital county court would offer the opportunity to integrate artificial intelligence early on. We welcome the Government’s AI action plan for justice and commitment to AI in encouraging mediation, which aligns with our own conclusions and recommendations.
Our report concludes that the county court is the Cinderella of the justice system, beset by delays, a crumbling estate and a failed attempt at digital reform. The Government response fails to reassure us that the MOJ has a concrete plan to improve civil justice comparable to Sir Brian Leveson’s and David Gauke’s reviews into the prisons and the criminal courts. In the absence of an equivalent independent review, we hope our report can provide a blueprint to reduce the systemic delays and inefficiencies that plague the system. The county court is where justice is most often sought by our constituents. It must not be allowed to fail them.
I remind Members that we have to finish the statement at 1.50 pm. Anyone who wishes to speak, please bob—including the Minister, if she wishes to ask a question. Please keep comments short, and Members can only ask one question.
Tessa Munt (Wells and Mendip Hills) (LD)
The report to which the Government are responding outlines that the county court is in complete crisis. As the hon. Member for Hammersmith and Chiswick (Andy Slaughter) said, the county court is where the majority of our constituents will encounter the justice system, and it is the Cinderella service of the justice system. Does he agree that it is under pressure and experiencing significant operational problems, that the state of disrepair of the buildings is absolutely emblematic of a system that is completely in crisis, and that more must be done to repair and reinstate these buildings? It is totally unfair that we should ask court staff, be that the judiciary or the staff who back up the judges, to work in those circumstances. It is appalling.
As I think I set out in the statement, there are problems all along the line. There are problems with representation. There are problems with access. There are problems with systems remaining on paper when they should have been put online long ago. It might therefore be thought that the physical state of the buildings is a lower priority. In reality, it is not, because it affects recruitment and the efficiency of the court, and it means that, over a period of time, courts become toxic places to work. That is why I went out of my way to praise the court staff, because they are doing an excellent job in very difficult circumstances. None of us wants to work in a sick building.
I hope that the Government will address this, and that we will find out how much capital money is going to the county court. The Minister may be able to tell us that to today. Certainly, the problem has to be tackled. That is true in the magistrates and Crown courts as well, but particularly in the county courts.
Warinder Juss (Wolverhampton West) (Lab)
I previously worked in the county court system, and the problem that my hon. Friend has highlighted is a long-standing one. The Government have accepted that the county court is where most of our constituents access the justice system. Does he agree that the county court cannot carry on as it is at the moment and that we need a fundamental reform of the system, which must involve a systematic and comprehensive review of its operations, because it is crucial that our constituents have access to swift and fair justice?
A fundamental review was attempted under the last Government, which involved closing many county courts around the country. We were told that the money released from the sale of those courts would go either into the maintenance of the rest of the estate or, more probably, into the reform programme, and so lead to digitalisation of the system. We have seen all the court closures but not the improvement in service that was supposed to result, so unfortunately here we are.
I used the Master of the Rolls figure of 23% for the amount of digitalisation that has occurred. It is key to a 21st-century system of civil justice, and that is why I am glad that the Government have looked at the future for digitalisation. I hope they will tell us that there is a clear and realistic path to achieving that, because it is where we need to go. It is ridiculous to be running a paper-based system in the 21st century. It is inefficient, it is costly and it is not providing justice.
I thank the hon. Gentleman and his Select Committee for all they have done. I understand that the recommendations in the report are specific to England and Wales, but the issues, difficulties, problems and shortcomings the hon. Gentleman has referred to are the same in Northern Ireland. Ever mindful that this is a devolved matter, is it the intention of the Chair and the Select Committee, and perhaps the Minister as well, to share the report’s recommendations? They were not all accepted, but the ones that were accepted are good. I am a great believer, as is everyone in this Great United Kingdom of Great Britain and Northern Ireland, that we are always better together, so can we share the recommendations and ensure that we can make the advances in Northern Ireland the same as in England and Wales?
First, I am delighted to see the hon. Gentleman in his place. I thank him for his interest in the subject and for his question, to which my response is yes. I hope our work is useful—the Government have said it is—within the jurisdiction of England and Wales, but, equally, many of the same points apply to Northern Ireland and, indeed, to Scotland. I do not know whether the Minister is going to intervene on the two points we have heard from my colleagues or on the point from the hon. Gentleman, but I am sure she has heard his point and will make sure that the work is shared. In any event, I undertake to ask my secretariat to ensure it is communicated.
The Minister of State, Ministry of Justice (Sarah Sackman)
I understand that am allowed to ask a question, so I will frame this as one. As the Minister with responsibility for the courts, I am tremendously grateful to the work of the Justice Committee. The report on the county court and the lens that the Committee has placed on our civil jurisdiction is incredibly welcome because, as the Committee says, the focus that the Department places on criminal justice cannot be allowed to divert from the important reform programme that we need in the county court, for all the reasons the Committee has stated.
With the helpful lens that the report places on the county court and the recommendations that the Government have taken on board in mind, and although I would be first to acknowledge that we have a long journey to travel, does my hon. Friend agree that the latest civil justice statistics—on delays in small claims coming down; on delays in fast, intermediate and multi-track coming down by almost seven weeks; on the greater use of mediation in small claims; and on a new electronic document-processing mechanism, moving away from the frustrating paper-based process—are all steps in the right direction that take on board the thrust of his report? Does he agree that that represents some progress towards where we need to get to?
I thank my hon. and learned Friend the Minister for the fact that the Government have accepted the vast majority of the recommendations, as I have already put on the record. Without making this too cosy, it gives me confidence that my hon. and learned Friend, as the Courts Minister, is seized of this issue and understands its seriousness. That came across in the evidence she gave to the Committee, and she has the background and skills to ensure that change happens. That gives us a lot of confidence.
On my hon. and learned Friend’s specific point, yes, I concede that there are some early indicators of improvements. We would like to see that continue over the years to come. We are very conscious of and aware that—this is obviously no fault of this Minister or this Government—there has been a very long process of decline, which means the climb out will be quite slow. We want steady progress along the way. As the Minister says, the report identifies many problems, but the digitalisation one is crucial. I hope we can soon see the new programme for that, because that is how the courts will become efficient, usable and customer friendly. I know it was tried in good faith under the reform programme, but we have to be honest and say that that has largely failed. The ball is now in the Minister’s court to try to succeed.