Judicial Review and Courts Bill (Tenth sitting)

Caroline Johnson Excerpts

Thursday 18th November 2021 Public Bill Committees

[James Cartlidge]

Not least because we do not want to have to put a further burden on the coroner’s office should any question marks be raised about the circumstances—[Laughter.] Or, indeed, a further by-election. These are not simple matters—and all that notwithstanding the fact that my right hon. Friend is a great man, who is bordering on a regional treasure if not yet a national one. The only point that I make is that, in many ways, in craving inconvenience, he has made an ode to traffic jams. There are many inconvenient things in life that I think all of us find a great displeasure.

Let me make a serious point about efficiency. I said on Second Reading that the streamlining of the courts is the thread that runs through the Bill. Almost every measure in it is, in one way or another, streamlining, and therefore about efficiency, but it is not efficiency for efficiency’s sake. If we take the measures to do with coroners, I very much regret that many cases are backlogged in the coroners’ courts, and inevitably they are the most serious cases—cases that will require inquests, possibly with a jury. We have to remember that that causes great distress for the families concerned. These efficiency measures will help us to reduce those backlogs so that we can deliver those cases in a more timely fashion, which I would argue is in the interests of supporting bereaved families and is therefore in itself compassionate.

By the same token, as I have said repeatedly throughout our consideration of the Bill, when one talks about the virtual sphere, measures such as remote participation and digitisation are not taken for the sake of it. They enable justice to happen in ways that it might not have done during the pandemic, for example. I accept my right hon. Friend’s point, but we have to remember that there is a very important reason why we are seeking to streamline these measures, and ultimately it is in the interests of our constituents.

Of course, if one is seeking to streamline and have efficiency—I have said this throughout, and I have agreed with the hon. Member for Hammersmith—one has to have safeguards in place. The amendments in this group all seek to provide additional safeguards for audio and video-link provisions in clause 39.

To be clear, clause 39 is intended to provide coroners with the flexibility to hold remote inquest hearings where all participants, including members of a jury, where applicable, participate remotely. During the pandemic, remote elements of inquests have worked well, with interested persons and witnesses attending virtually, so this is not unprecedented by any means. Other courts and tribunals have been holding wholly or partly remote hearings where participants have the option to participate remotely. The clause is intended to bring coroners’ courts in line with other jurisdictions. I would like to assure members of the Committee that we introduced the clause with bereaved families in mind. Giving coroners flexibility on how they hold their inquest hearings will ensure the timely hearing of cases and help to reduce unnecessary distress to families, not least by reducing delay.

Amendment 74 proposes to set out in primary legislation the requirement that remote hearings must not be conducted by audio only. The clause is intended to provide coroners with the flexibility to hold remote inquest hearings with the use of either audio or video links. It is important that coroners have the flexibility to conduct hearings by audio, as there may be occasions where that is the only means by which participation is possible—for example, if someone’s wi-fi is not strong enough for a video link. We have all been there, on Teams or Zoom, where we have had to go audio-only because things start breaking up. It is a fall-back position that we have all made use of, and I would argue that it is sensible.

It is similar to the situation in other courts and tribunals where, for instance, parties to a civil case can join via audio-only. Indeed, many courts ask parties who will not be speaking, as well as counsel waiting to respond to submissions, to switch their cameras off so that the transmission is more stable. After all, we want to be accessible online throughout the country. Unfortunately, although their number reduces every day, there are still parts of the country that have less effective broadband access than others.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

rose—

[James Cartlidge]

I give way to my other Lincolnshire colleague.

[Dr Johnson]

I thank the Minister for giving way. Could he clarify a point on the use of audio as opposed to audio and visual evidence? When one is listening to someone give evidence in court, surely their facial expressions and the way they present themselves are also part of one’s understanding of their evidence, their believability and the emotions behind what they are saying.

[James Cartlidge]

Although not a lawyer, my hon. Friend, given her medical background, understands very much how we deal with people day to day, but I would argue that one could say that of any remote participation.