Guardianship (Missing Persons) Act 2017
David Gauke Excerpts(5 years, 4 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Ministry of Justice is today publishing a consultation paper: Guardianship (Missing Persons) Act 2017 Implementing the Act. The paper seeks views on the Department’s proposals for bringing the Act into force with the object of implementing the Act as smoothly and successfully as practicable. The consultation period will be eight weeks. The consultation paper is available free of charge on gov.uk.
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Oral Answers to Questions
David Gauke Excerpts(5 years, 4 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Recruiting and retaining engaged and motivated staff is critical to making our prisons safer and stopping reoffending. We have spent an additional £100 million to ensure we have thousands of extra prison officers at the frontline, allowing us to run better regimes and improve staff-prisoner relationships. From October 2016 to September 2018, there was a net increase of 4,364 full-time equivalent prison officers. We know that the retention of staff will take more than a one-size-fits-all approach. Specific action is being taken where attrition is most acute.
Christian Matheson
Morale among prison officers is at an all-time low because of low pay, understaffing and soaring violence, and now a retirement age that could go as late as 68. Police officers get the same protection as prison officers, and they are allowed to retire at 60. Why can prison officers not?
Mr Gauke
Of course, a deal was offered to prison officers and rejected a couple of years or so ago, but to come back to the point about morale, it is important that we address violence in prisons. That is why we have increased the number of staff, why we are giving prison officers the tools that they need—for example, PAVA—and why we are determined to ensure that we can turn this increase in violence around.
Andrew Bridgen (North West Leicestershire) (Con)
It is clear that we have an issue with experienced prison officers leaving the service. Can my right hon. Friend reassure the House that, in line with best human resources practices, exit interviews are being conducted with staff before they leave so that we can address the issues that are causing them to leave the service?
Mr Gauke
My hon. Friend is right to say that that is best practice, and it does happen within the prison service. We are looking at the evidence of the effectiveness of that to ensure that we make best use of it. It is important that we learn from the experiences of prison officers and get their feedback, so that when prison officers do leave, we understand the reasons why.
Ellie Reeves (Lewisham West and Penge) (Lab)
The independent monitoring board at HMP Birmingham has said that standards have improved as a direct result of the reduction in the prison population and the addition of much needed staff. Already this year, urgent notifications have been issued at Nottingham, Birmingham, Bedford and Exeter prisons. How bad do things have to get before the Government launch a specific plan to re-recruit experienced prison officers who have left the prison system due to the Government’s austerity?
Mr Gauke
I am glad that the hon. Lady acknowledges that progress is being made at Birmingham, and it was right that we stepped in in August last year to turn that prison around. I reiterate that we have increased prison officer numbers very significantly, by 4,364, when our target was to recruit an additional 2,500 prison officers. We achieved that well ahead of schedule, and we have got the numbers increasing. We are seeing some signs of improvements in our prisons—not just at HMP Birmingham—but we need to build on that. It is still the early stages, but we are making progress.
Maria Caulfield (Lewes) (Con)
Prison officers in HMP Lewes tell me that the scourge of mobile phones in the prison, which are used to co-ordinate violence and drugs, makes their job much more difficult. Does the Secretary of State therefore welcome the news that the Prisons (Interference with Wireless Telegraphy) Bill, which will block mobile phone signals in prisons, is likely to get Royal Assent this week?
Mr Gauke
I am delighted to do that and to pay tribute to my hon. Friend for the work that she put in on that Bill. It is an important step forward. She is right to highlight the problems with mobile phones. As a Government, we are determined to take action to address that, and her work helps us.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
Mark Pawsey (Rugby) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
In May, we published the education and employment strategy to create a system where each prisoner is set on a path to employment, with prison education work geared from the outset towards employment on release. We have launched the New Futures Network and appointed a CEO to drive its roll-out. The NFN identifies where skill gaps exist and works with employers to fill them. We are also empowering governors to commission education provision that leads to work. Activity to appoint the new education suppliers who will deliver the curricula that governors have designed is almost complete.
Stephen Metcalfe
My right hon. Friend mentioned the New Futures Network. Will he expand a bit more on how that is achieving employment for offenders upon release?
Mr Gauke
The New Futures Network brokers partnerships between prisons and employers in England and Wales, which help businesses to fill skills gaps and prisoners to find employment on release. The NFN has a central team based in London that works with large national employers. We are also placing employment brokers across England and Wales to work with small and medium-sized enterprises and regional businesses. I am pleased to say that since the publication of the strategy in May, more than 100 new organisations have registered an interest in working with offenders.
Mark Pawsey
I have been working with a constituent who has recently completed a nine-and-a-half-year prison sentence. He has reminded me that in that time, a great deal has moved online—the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), referred to initiating legal proceedings online. My constituent says that that places him at a disadvantage when it comes to accessing services and applying for jobs, so what steps are the Department taking to ensure that offenders gain digital skills and retain them?
Mr Gauke
My hon. Friend makes a good point. Digital skills are already taught in many prisons. We are empowering governors to have more control over the curriculum, but we are also determined to ensure that there is some consistency, so from next April our core common curriculum will include ICT, which must be taught in every prison.
Jenny Chapman (Darlington) (Lab)
It is a good idea to empower governors to make the right choices for their establishments, either as individuals or in clusters, but does the Department intend to give them a sufficient budget to enable them to do that in a way that will actually make a difference?
Mr Gauke
We want to ensure that the path to employment is set out for every prisoner, that all prisoners have that opportunity to receive the education that they need, and that there is a focus on work. That is a priority for our Department, and I am confident that we can deliver on it.
Mr Gregory Campbell (East Londonderry) (DUP)
Reoffending rates remain stubbornly high, but in Magilligan prison in my constituency, prisoners reaching the end of their sentence are allowed out under close supervision to work in the community. Does the Secretary of State agree that such action leads to a reduction in reoffending and should be replicated throughout the United Kingdom?
Mr Gauke
That is an excellent point. Workplace release on temporary licence has a key role to play in giving prisoners employment opportunities and easing the transition from prison life to post-prison existence. I am keen to ensure that we do what we can with workplace ROTL, and I should like it to be used more.
Fiona Bruce (Congleton) (Con)
What further action can be taken to encourage more employers to offer such opportunities during the final period of a sentence? That is being done very effectively at Thorn Cross prison in Appleton Thorn, near Warrington.
Mr Gauke
Encouraging employers is very much what the New Futures Network is about. I sense a change of attitude among employers: more and more of them want to do this, because they recognise that there are benefits for them as well as for society as a whole. As I have said, more than 100 employers have signed up to the network, and I encourage those who are following our proceedings closely to do as much as possible on this front.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
The Secretary of State will be aware of the disproportionate levels of often undiagnosed special educational needs and disability—especially difficulties with speech and language, dyslexia and attention deficit hyperactivity disorder—in the prison population. What measures has he introduced to ensure that all those prisoners are assessed and then appropriately supported in their education?
Mr Gauke
We are keen to develop specialist education plans when people come into prisons, because that is when we need to identify issues such as those that the hon. Lady has mentioned. However, the really important point that she has raised is the need for us to work across Government. It is not just about what happens in the Prison Service or the Ministry of Justice; we need to co-ordinate with, for instance, the national health service, the Department for Work and Pensions and local authorities. If we are to turn people’s lives around, we need a cross-Government approach. I am pleased that the Reducing Reoffending Board has been established, and that there is a real willingness across Government to make progress.
Vicky Ford (Chelmsford) (Con)
Nigel Huddleston (Mid Worcestershire) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
We do not tolerate violence against our dedicated and hard-working prison officers. We are strengthening frontline officer numbers and rolling out a key worker scheme to improve prisoner-staff relationships and to tackle the causes of violence. We are giving officers the tools they need, such as body-worn cameras and PAVA spray, to respond where incidents do occur.
Andrew Rosindell
The Secretary of State will know that, in the past year, there has been a 20% increase in violent crime against prison officers. Does he agree there is a disparity between prosecutions when members of the public are assaulted and prosecutions when people in the public service are assaulted? Also, is it not correct that an assault against a prison officer is just as bad as an assault against a policeman?
Mr Gauke
My hon. Friend makes an important point. We have to take assaults against prison officers very seriously. They are putting their lives on the frontline, and we are working closely with the police and the Crown Prosecution Service to make sure that crimes committed in prison are dealt with effectively. There are good examples of work with the police and the CPS, such as at HMP Isis. The Assaults on Emergency Workers (Offences) Act 2018 came into force in November, and it increases the maximum custodial sentence from six months to 12 months for those who assault emergency workers, including prison officers.
Nigel Huddleston
Recent incidents at Long Lartin Prison in my constituency show that more work is still needed on prison officer safety. Can the Secretary of State assure my constituents who work at Long Lartin that the Government do not consider it job done on prison safety and that they will continue to explore further ways to improve prison safety?
Mr Gauke
Indeed, we will continue to find ways of making improvements. I visited Long Lartin in the summer and met a number of my hon. Friend’s constituents who work as prison officers to discuss this issue. The high assault figures are something that we have to address, which is why we have taken the measures I have already outlined. We will continue to focus on bringing down those numbers.
Ruth George (High Peak) (Lab)
Does the Secretary of State agree that the high number of prisoners with mental health conditions is also a serious problem for prison officers? Will he look into the two separate incidents at Nottingham Prison where, even though my constituents had been independently assessed by psychiatrists as needing to be transferred to secure mental health beds, it took five months for them to be transferred?
Mr Gauke
I am grateful to the hon. Lady for raising those cases and I will certainly look at the incidents she mentions. She is right to highlight the importance of addressing mental health issues within prisons. A very large proportion of prisoners have mental health issues and, in answer to an earlier question, I addressed the need to work closely with the NHS and the Department of Health and Social Care to ensure that we address such points.
Chris Williamson (Derby North) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Today the terms of reference for the review of the criminal injuries compensation scheme have been announced. Compensation has long been an important part of the Government’s support for victims of violent crime, and we are determined to ensure that every victim gets the compensation to which they are entitled. The review will look at the scope of the scheme, its eligibility rules, the value and composition of awards and how to provide easier access to compensation. The review will give particular consideration to victims of child sexual abuse and terrorism and look to ensure continued financial sustainability. We have separately announced our intention to remove the pre-1979 same roof rule from the scheme and we will table an amended scheme before Parliament as soon as possible.
Chris Williamson
We know the Government see public services as a cash cow for the private sector, but the privatisation of the probation service has been an abject failure. The contract had to be terminated two years early, despite a £0.5 billion bailout. The privatised service failed to reduce reoffending, so why is the Secretary of State proposing to privatise the service again in 2020? Is this not an example of ideology over plain common sense?
Mr Gauke
I do not know whether the hon. Gentleman is best placed to lecture on common sense versus ideology.
The reoffending rate has fallen in the time since “Transforming Rehabilitation” and we would like it to fall further. There are issues with how the system is working, which is why we took the entirely pragmatic approach of bringing the contracts to an end and making some important and necessary changes to ensure that we can do more to reduce reoffending.
Colin Clark (Gordon) (Con)
Joanna Cherry (Edinburgh South West) (SNP)
Can the Lord Chancellor assist me in finding out the answer to a question that the Attorney General and the Brexit Secretary have been unable to answer: how much taxpayers’ money did the UK Government spend fighting the litigation that established that the article 50 notice can be unilaterally revoked?
Vicky Ford (Chelmsford) (Con)
Richard Burgon (Leeds East) (Lab)
The Government’s ideological experiment of privatising probation has been a calamitous failure. It was such a flawed idea that even this Government have had to cancel the current private contracts, which were costing the public more and more money while leaving them less and less safe. Yet the Government are set to re-tender those contracts back to the private sector. Interserve is currently the largest probation provider, supervising 40,000 offenders, yet it is now in rescue talks, trying not to become the next Carillion. So will the Justice Secretary commit today to ensuring that Interserve is not awarded any of the new private probation contracts?
Mr Gauke
We will award the contracts to those best placed to carry them out. I have to say that the hon. Gentleman’s hostility to the private sector, in all its forms, in all contexts, is not a sensible or pragmatic approach to trying to ensure that we get best value for money for the taxpayer while making improvements to reducing reoffending.
Kevin Hollinrake (Thirsk and Malton) (Con)
Senior managers at Lloyds-HBOS were found guilty of a scandalous fraud against their own business customers but, thus far, the bank itself has avoided or evaded any corporate sanction. Would my right hon. Friend support the Solicitor General’s efforts to make failure to prevent an economic crime a corporate offence?
Mr Gauke
My hon. Friend, who campaigns tirelessly on these issues, will be aware that we ran a call for evidence on corporate criminal liability to determine whether the current law is adequate. This is a complex part of the law and consultation responses offered a broad range of views. We are currently analysing those with Departments across Government and we will publish our response in 2019.
Alex Norris (Nottingham North) (Lab/Co-op)
Robert Neill (Bromley and Chislehurst) (Con)
Last week, the House passed the Courts and Tribunals (Judiciary and Functions of Staff) Bill, which is an important part of court modernisation. Does the Lord Chancellor accept that there remains a pressing need to introduce the remaining primary legislation necessary to underpin the rest of Sir Michael Briggs’ reforms?
Catherine West (Hornsey and Wood Green) (Lab)
Peter Kyle (Hove) (Lab)
It was two years ago that the then Secretary of State for Justice agreed to outlaw the cross-examination of survivors of domestic abuse by the perpetrators of their crime, yet the misery goes on. When will the Government outlaw that?
Mrs Emma Lewell-Buck (South Shields) (Lab)
Ofsted’s recent annual report yet again raised its concerns about high levels of violence in children’s secure training centres. The use of pain-inducing restraint techniques in youth prisons and right across the secure estate has been found to carry up to a 60% chance of causing serious injury to children. This is Government-sanctioned abuse of children. When is it going to end?
Personal Injury Discount Rate
David Gauke Excerpts(5 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Ministry of Justice is today publishing “Setting the Personal Injury Discount Rate: A Call for Evidence”. This call for evidence is intended to obtain evidence to inform the first review of the personal injury discount rate under the Civil Liability Bill. The call will remain open for eight weeks.
I have placed a copy of the call for evidence in the Libraries of both Houses.
[HCWS1155]
Judicial Conduct Investigations Office
David Gauke Excerpts(5 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
With the concurrence of the Lord Chief Justice, I will today publish the 12th annual report of the Judicial Conduct Investigations Office (JCIO), formerly known as the Office for Judicial Complaints.
The JCIO supports the Lord Chief Justice and the Lord Chancellor in our joint statutory responsibility for judicial discipline.
The judiciary comprises approximately 23,000 individuals serving across a range of jurisdictions. Over the past year, the JCIO received 2,147 complaints against judicial office holders. A total of 39 investigations resulted in disciplinary action. The JCIO did not meet two of its three key performance indicators, which was attributable to the challenges faced by a high turnover of staff.
I have placed copies of the report into the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies are also available online at:
https://judicialconduct.judiciary.gov.uk/reports-publications/.
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Defamation and Privacy Costs Protection
David Gauke Excerpts(5 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Government are committed to controlling the costs of civil litigation while allowing appropriate cases to proceed. Part 2 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 reformed the operation of no win, no fee conditional fee agreements in order to address the high costs of civil litigation. In particular, section 44 of the LASPO Act provided that the lawyer’s success fee would no longer be recoverable from the losing party. This provision came into effect for the majority of cases in April 2013 but was delayed in respect of defamation and privacy claims pending the outcome of the Leveson inquiry. The then coalition Government accepted the Leveson recommendation that there should be a costs protection regime in place for defamation and privacy claims, before commencing the LASPO Act conditional fee agreement reforms. It consulted on a draft bespoke costs protection regime in 2013. In the event, there was opposition to the detail of that regime, and the then coalition Government did not implement the proposal.
Having considered the responses to the consultation, the Government have now decided on a different approach that will further control the costs of these cases and will also give effect to our legal obligations under the MGN v. UK judgment of the European Court of Human Rights in 2011. In the MGN case, the court concluded that the obligation for the defendant to pay a 100% “success fee” to the claimant was disproportionate, and that the conditional fee agreements regime was therefore in breach of the defendant’s rights under article 10 (freedom of expression) of the European convention on human rights.
The Government will therefore now commence section 44 of the LASPO Act in relation to defamation and privacy cases. However, the Government will keep in place, at least for the time being, the existing costs protection regime. This means that after the event insurance premiums will remain recoverable for these cases. After the event insurance covers the risks of having to pay the other side’s costs in unsuccessful cases.
This approach—of abolishing recoverability of the conditional fee agreement success fee, but retaining it for the after the event insurance premium—will protect access to justice, since parties with good cases can still benefit from recoverable after the event insurance in respect of adverse costs; after the event insurance discourages weaker cases as these are unlikely to be insured. This provision will come into force for new cases on 6 April 2019.
The Government have also published today their response to the 2013 consultation, “Costs protection in defamation and privacy claims: the Government’s proposals”.
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Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]
David Gauke ExcerptsTuesday 27th November 2018
(5 years, 5 months ago)
Commons ChamberRead Full debate Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 View all Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 108-R-I Marshalled list for Report (PDF) - (12 Oct 2018)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I beg to move, That the Bill be now read a Second time.
It is a great pleasure to move the Second Reading motion. It is possible that in Westminster at the moment other matters are catching Members’ attention and that the focus of the House has not been sufficiently on the Bill, but I am delighted to have the opportunity to move the motion. The Bill has already been considered in the other place and takes an important step forward for our courts system.
Our judiciary, together with our courts and tribunal service, are rightly regarded as among the finest and most independent in the world. However, the way our courts and tribunals work cannot stand still. They must be able to meet the demands of delivering modern-day justice, meet the needs of the society they serve, and administer justice in the most effective and efficient way.
The justice system must work for all those who use it, as well as for the judges and legal professionals who work in it. That means realising the huge potential of new technology and the law tech revolution to improve people’s experience of and access to the justice system and to open up new routes to justice. It is certainly my determination that the UK should be seen as being at the forefront of adopting new technology, whether in our courts and tribunal system, which is the issue before us today, or more widely, with legal professionals making use of technology. That is one of the reasons that we have instituted a law tech committee, led by Christina Blacklaws of the Law Society, which is designed to take us forward in that area. It is an important part of what we need to do.
John Howell (Henley) (Con)
My right hon. Friend may be aware that I did an Industry and Parliament Trust fellowship in the law with judges, and my experience of the different courts I went to showed the enormous gap between the commercial courts, which were technologically very superior, and the tribunal system, where we might as well have been using a quill pen. Is this reform going to solve that problem?
Mr Gauke
Our court reform programme as a whole, which I will come on to, will ensure that we use technology wherever possible. It is right that we embrace that. The Bill is part of the process—it is not all of the process—that will ensure that we modernise. I have cited in the past ways in which artificial intelligence, for example, is being used within the legal profession. An example I have given is a case where AI was used to check a number of contracts to spot potential errors. The rate of success of the AI was somewhat better than that of the experienced lawyers, and if I remember rightly the task was done in 26 seconds rather than 92 minutes. I make that point to illustrate the opportunities in terms of technology and the law.
Alex Chalk (Cheltenham) (Con)
Innovation and modernisation are vital, but will the Secretary of State take this opportunity to recognise that the single most important strength of our judicial system is the judiciary who work in it and that everything must be done to ensure that we have a broad pipeline of talent so that they continue to be the best in the world?
Mr Gauke
I very much agree. We have a judicial system that is widely respected around the world for its independence and excellence, and that must long continue. I suspect that my hon. Friend is hinting at the question of how we can get more outstanding candidates to apply to the judiciary. It is right that we should address that challenge. He is right to suggest that this is one of our strengths as a country. It will be important in the years ahead as we leave the European Union that our legal system should continue to be widely respected. I believe that there are great opportunities for the UK to become even stronger as a legal centre, and I am keen for that to happen.
Robert Neill (Bromley and Chislehurst) (Con)
Will the Secretary of State give way?
Robert Neill
The Secretary of State makes an important point about the balance that needs to be struck in these areas. He has given an example of the use of artificial intelligence being appropriate for the checking of documents, and work on dealing with disclosure parameters has already been successfully piloted by the Serious Fraud Office. Would he concede that there is a distinction to be drawn between those essentially transactional but important operations, such as disclosure searches, and the application of human judgment that should be brought to, for example, a charging decision by the SFO? Does he agree that any determination of the facts or issues of a case should clearly be done by a human judge, having heard the arguments, and that their workload could be slimmed down but not replaced by the use of AI?
Mr Gauke
I agree. I note that my hon. Friends are all quick to make the case for the importance of the skilled human being in these circumstances, and rightly so. We must remember that technology is our servant and not our master.
I make these points because our court reform programme is being undertaken in the context of an embracive technology and the Bill is an aspect of that programme. I will digress no further because it is not essentially a technology-based Bill. However, to follow up on the point made by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the importance of skilled individuals will continue to be key, and the Bill will ensure that the time of our most skilled individuals—our judges—is deployed as efficiently as possible.
Nigel Huddleston (Mid Worcestershire) (Con)
I have to say that innovation and modernisation are not normally things that we associate with our courts. Given the feedback that has already come in on things such as making responses on juries online, does my right hon. Friend agree that this is not only useful to the courts but makes life easier for the public?
Mr Gauke
Absolutely; that is a key point. Perhaps my hon. Friend has set my Department the challenge of ensuring that people associate the modernisation of technology with the court system. We will know that we have succeeded when he tells us that that is the case. He makes the strong point that this is ultimately about delivering justice. We need to have strong support for the process involved and ensure the satisfaction of those who need to resolve a dispute or to undertake a process. The early signs from our work with online divorce processes are encouraging, and the feedback has been very positive.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I rise as the co-chair of the Justice Unions Parliamentary Group. I am interested in what the Secretary of State is saying about artificial intelligence, but it seems to me that one of the driving forces behind the Bill is not necessarily to improve the administration of justice but to cut costs by pushing workloads down the grades so that staff will be taking on additional work above their current grade without additional remuneration. Surely he should recognise that making savings in the application of justice comes at a cost to staff and to the public’s experience of justice.
Mr Gauke
I do not think that the hon. Lady is correct in the association that she makes. The reality is that we have to ensure that our resources are deployed as efficiently as possible. That is to the benefit of the system as a whole. I will make the case in more detail as to why the steps taken in the Bill to give authorised staff greater responsibility to undertake some roles that they are currently unable to undertake will be to the benefit of the system as a whole. I make no apology for wanting to find efficiencies within the system, but this is in the context of a £1 billion court reform programme. Those efficiencies can improve the experience of the users of the system, and could also ensure that judges will be able to use their time in the areas that are most useful to them. Indeed, the experience of authorised Courts and Tribunals Service staff will be a more positive one, as they will be able to make a greater contribution to the efficient running of the court system.
Simon Hoare (North Dorset) (Con)
Setting aside the whys and wherefores of the Bill, may I invite my right hon. Friend to confirm from the Dispatch Box that the independence of the judiciary and the separation of powers between the judiciary and Parliament will be absolutely sacrosanct and at the heart of everything that he, his ministerial colleagues and the Department will do? This is an issue of great concern to many people, irrespective of the Bill, and people always need to have faith that this central pillar of how we are governed in this country will remain intact, protected and preserved.
Mr Gauke
I am grateful to my hon. Friend for giving me the opportunity to respond to that point. The independence of the judiciary is at the heart of our system and a long-standing part of it. It is as important, if not more important, than it has ever been that we reiterate that and support those institutions. As I was saying a moment ago, this is a big part of what our nation is about, and in the years ahead, after we have left the European Union, one of the most important institutions to us will be our independent judiciary. It is a large part of what the UK is about and of how we should project ourselves around the rest of the world.
Jeremy Lefroy (Stafford) (Con)
My right hon. Friend is making a strong case. Perhaps this is for another time, but in the context of having a strong, independent judiciary, will he look again at the rather arbitrary cap of the age of 70 for magistrates? We have many really qualified people who wish to contribute to the independent justice system of this country but who are prevented from doing so simply because of their age.
Mr Gauke
I am grateful to my hon. Friend for making that point, although he takes me away a little from the terms of the Bill. I realise that there is a debate about that matter, and there are arguments either way about the current age limit. I have certainly received representations calling for an increase on the current age of 70, and we continue to look closely at those arguments. I believe that there has to be an age limit, and it is a question of judgment as to what it should be. I would be delighted to discuss this with my hon. Friend in the Tea Room if the opportunity to do so should arise.
Alex Chalk
Building on the point that was well made by my hon. Friend the Member for North Dorset (Simon Hoare) about independence, may we have an assurance that under the Bill the procedure rule committees that decide what the authorised staff can do will be able to exercise that discretion free from any interference from the centre, so that they can ensure that only those jobs that ought properly to be delegated to those staff are so delegated, and that extraneous considerations such as cost need not be forced upon them when they make their decisions?
Mr Gauke
My hon. Friend brings me back to the Bill and makes a good point—one which came up on several occasions during the deliberations in the other place about the extent to which we should be prescriptive, or whether powers should be left with the rule committees. I share his instinct that as much as possible should be left to the rule committees, because they are best placed to make such assessments. Indeed, that leads to points made by distinguished retired judges in the other place about not being over-prescriptive. Such matters may be a point of discussion this afternoon or at the Bill’s later stages.
I now turn to the Bill in greater detail. The measures will help to provide the greater flexibility and responsiveness that we need within our court system. That includes freeing up judges’ time from the most routine tasks associated with court cases. The Bill will build on existing powers that already enable staff in most courts and tribunals to be authorised to exercise some of the functions of judges. It will continue to allow appropriately qualified and experienced staff in the civil, family and magistrates courts, the High Court, the Court of Appeal, the Court of Protection and tribunals to be authorised to carry out uncontroversial and straightforward judicial functions under judicial supervision. The Bill will enable those arrangements to be extended for the first time to the Crown court, where court officers can only currently undertake formal and administrative matters. Allowing court and tribunal staff to exercise a wider range of judicial functions will potentially free judges up from undertaking more regular tasks, such as changing the start time of a hearing or changing a pre-trial preparation hearing date, so that they can focus on the more substantive matters of the case.
Sir Edward Davey (Kingston and Surbiton) (LD)
I welcome the Government’s amendments in the other place to paragraphs 32 and 44 of the schedule, which were secured by my noble Friend Lord Marks, because they ensure that only a judge will have the power to deprive people of their liberty or eject them from their family home. As we give court staff some more powers, it is important that we set down some markers for the types of decisions that should be reserved for trained professional judges.
Mr Gauke
Indeed, and I will turn to that point in a moment. I hope that the clarification provided by those amendments will be widely welcomed in this House. The passage of this Bill in the other place was characterised by a constructive and co-operative approach from both sides, and I hope that that will continue to be the case—I suspect it will, but we shall see—because the point of those amendments was to provide particular protections. Other issues debated in the other place included suggestions about being more prescriptive. As I said to my hon. Friend the Member for Cheltenham (Alex Chalk), it is right that we use the judicially led rule committees in many of those areas, but the right hon. Member for Kingston and Surbiton (Sir Edward Davey) makes a perfectly fair point.
Luke Hall (Thornbury and Yate) (Con)
My right hon. Friend is being generous in giving way. He is talking about the use of judicial time, so will he explain in a bit more detail how the measures will address the problem of the backlog of cases and what effect the Bill is likely to have on improving the current situation?
Mr Gauke
My hon. Friend raises a good point that comes back to how we ensure that judges’ time is used most effectively, freeing them up from the most routine tasks, such as changing the start time of the hearing, and enabling them to focus on more complex matters. They could then ensure that case preparation and management was resolved proportionately and at an appropriate level. That could also help to improve the overall efficiency and effectiveness of the court tribunal system. There is an opportunity to ensure greater consistency in the current arrangements, and it is right that we strengthen safeguards, as has already been touched upon.
It is important to guarantee the independence of all authorised staff when they are exercising judicial functions. Clause 3 will bring authorised staff under the leadership of senior lawyers. Although we are removing the post of justices’ clerk from the statute, the functions that such clerks undertake will continue to be carried out by heads of legal operations, who have a much greater leadership role across all jurisdictions. The change will ensure that we make all authorised staff ultimately accountable and subject to the direction of the Lord Chief Justice and the Senior President of Tribunals.
John Howell
My right hon. Friend is being generous with his time. The place where these changes can have the most effect is in the tribunal system. I have sat through tribunals that have lasted for days for no good reason, tying up three independent assessors. Surely, it is there that the changes he proposes can have the biggest effect.
Mr Gauke
My hon. Friend may well be right. The Bill of course relates to courts and tribunals, and it is important to bear in mind the impact on tribunals. Tribunals perhaps do not always attract the attention that they might, but they play a vital role within our justice system. If we can find ways to improve their efficiency, we should all welcome that. That is a key part of what this Bill is about.
Kevin Hollinrake (Thirsk and Malton) (Con)
My right hon. Friend mentioned the start times of hearings. As he will know, Northallerton magistrates court, which serves many of my constituents, is due to close under these reforms. It is important that people can get to a hearing on time, so will requiring people to travel further to a more distant court be taken into account? Will there be mitigation, such as video links, and will those things be in place and operating before the court closes?
Mr Gauke
Journey times are taken into account. I am conscious that substantial issues can arise in rural areas, but journey times are considered. As for technology, if I remember correctly, the change at Northallerton magistrates court is conditional upon ensuring that the technology is properly in place. In the context of this Bill, authorised staff will be able to play a bigger role in determining start times, for example, and one hopes that that might enable the process to run as smoothly as possible and ensure that people’s concerns about when they can get to court can be properly considered.
Bambos Charalambous (Enfield, Southgate) (Lab)
With the distance between courts being a factor not just for claimants and defendants but for witnesses, does the right hon. Gentleman agree that witnesses may sometimes choose not to go to a court if it is too far away, which can cause hearings to be cancelled?
Mr Gauke
The hon. Gentleman takes me further in the direction of the debate about the court closure plan, but we need to ensure that our resources are deployed as efficiently and effectively as possible. In that context, we have reduced the number of courts, but that money makes a contribution to our overall finances and can be reinvested as part of the court reform programme. We have to take every opportunity to make use of new technology to ensure that the experience of the justice system—the hon. Gentleman rightly highlights that witnesses are important in many cases—is as positive as possible.
I have touched on this already, but safeguards are important. Clearly, the delegation of certain judicial powers to court and tribunal staff needs to be done sensitively and sensibly, and with appropriate safeguards. Independent, judiciary-led procedure rule committees, which govern the rules within courts and tribunals, will determine which functions court staff may exercise in each jurisdiction and what qualifications and experience they will need. Those rules will then be subject to parliamentary scrutiny. All staff authorised to exercise judicial functions will ultimately be accountable to, and subject to, the direction of the Lord Chief Justice or the Senior President of Tribunals.
I am grateful for the valuable insight that Members of the other place brought to debating and scrutinising the measures in the Bill, particularly in relation to the exercise of judicial functions. Many of them drew on their own wealth of judicial experience and expertise in considering the practical issues of implementation.
Concerns were raised in the other place about the safeguards in delegating judicial functions to authorised staff. For example, concerns were raised that certain powers, particularly those that affect the rights and freedoms of citizens, should only ever be directly discharged by the judiciary. Indeed, the right hon. Member for Kingston and Surbiton raised that point.
We have listened to those concerns, and we tabled amendments in the other place that will prevent specific judicial functions from being undertaken by authorised staff, including authorising a person’s committal to prison; in most cases, authorising a person’s arrest; granting certain injunctions; making orders for repossession of residential property, where the orders are contested; and making search orders.
We tabled amendments that will require the procedure rule committees, when making rules to allow authorised staff to exercise judicial functions, to consider whether the rules should include a right to judicial reconsideration of decisions made by such staff. The amendments will also require that, if a procedure rule committee decides against the creation of such a right, the committee will have to inform the Lord Chancellor of its decision and of the reasons for it. This will ensure much greater transparency and accountability.
The measures in the Bill strike the right balance between creating a framework for the delegation of judicial functions to authorised staff, with appropriate safeguards, and giving discretion to procedure rule committees and the senior judiciary to make the arrangements work in practice.
Alex Chalk
Does my right hon. Friend agree that the principle of delegating functions to authorised staff is not, of itself, new? There has been a successful history, particularly in the magistrates courts, of delegating powers to justices’ clerks to carry out a number of functions, which even include such matters as issuing summonses or requesting pre-sentence reports. The principle is in place but, of course, the execution is vital.
Mr Gauke
My hon. Friend is right, and his experience is a benefit to the House. He knows of what he speaks. This principle is not new, but it is one where we think we can go further, to the benefit of the courts and tribunals system and of the users of that system. He is absolutely right.
A balance needs to be struck on the safeguards, and we believe we have found the right balance. Indeed, the position was strongly supported in the other place by Lord Thomas, the former Lord Chief Justice, and Lord Neuberger, a former President of the Supreme Court, both of whom have a wealth of experience in this area, having chaired procedure rule committees. The combination of Lord Thomas, Lord Neuberger and my hon. Friend the Member for Cheltenham, very distinguished lawyers all, is one that should reassure the House.
Lord Thomas warned on Second Reading against putting too much detail into the Bill:
“Experience has shown that detailed restrictions on procedure are a very real fetter on the administration of justice.”—[Official Report, House of Lords, 20 June 2018; Vol. 791, c. 2039.]
Similarly, Lord Neuberger warned in Committee of placing
“a potential straitjacket on the ability to appoint the appropriate people to make appropriate decisions.”—[Official Report, House of Lords, 10 July 2018; Vol. 792, c. 882.]
Lord Marks also warned against setting too high a bar on the qualifications of court and tribunal staff exercising judicial functions:
“It seems…that the purpose of this part of the legislation is to increase efficiency and…to everybody’s advantage…the speed of decision-making… Having a legislative requirement that all delegated decisions must be taken by qualified lawyers with a minimum experience requirement runs the risk of frustrating this objective.”—[Official Report, House of Lords, 16 October 2018; Vol. 793, c. 414.]
I make those points in anticipation that this may be an issue that we debate further this afternoon, but I think the case is persuasive.
Kevin Hollinrake
Will the Bill make it easier to set up a new tribunal? I speak in the context of my role as chair of the all-party parliamentary group on fair business banking and finance, which has the idea of setting up a financial services tribunal. We are not seeing a level playing field in our courts between banks and small businesses, and we feel such a tribunal may be a solution. Will the Bill make it easier to establish such a tribunal, or will it not have any relevance in that area?
Mr Gauke
As it stands, and I do not want to encourage my hon. Friend to table amendments, the Bill will not necessarily do that. He has taken a great interest in this issue, and he has been speaking to my hon. Friend the Economic Secretary to the Treasury. I know my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) will pursue the matter with his customary tenacity, and I do not wish to discourage him from doing so, unless he considers that the best way to manifest it is by tabling amendments to the Bill, in which case I would urge him to look elsewhere. I thank him for his intervention.
I draw the House’s attention to additional important safeguards in the Bill. It will provide a guarantee of the independence of staff and their decision making, by applying the statutory independence and immunities that currently apply to justices’ clerks to all authorised staff when exercising judicial functions. A member of staff will be able to exercise judicial functions only once authorised to do so: by the Lord Chief Justice or his nominee, for the courts; or by the Senior President of Tribunals or his delegate, for the tribunals. The Bill includes protections for authorised persons from legal proceedings, costs in legal proceedings and indemnification in respect of anything they do or do not do when exercising judicial functions in good faith.
The Bill also includes measures to enable greater flexibility in the deployment of judges across our family and county courts, the first-tier tribunal and the upper tribunal. For example, it will permit recorders to sit in the upper tribunal, enable senior employment judges to sit in the first-tier tribunal and upper tribunal and enable presidents of the employment tribunals for England, Wales and Scotland to sit in the employment appeal tribunal. This will make best use of the experience and skills of serving judges, and it will give the senior judiciary more flexibility to respond to sudden changes in demand and to manage case backlogs in particular jurisdictions. It will also allow judges to gain experience of different types of cases, which will help with career progression. The Bill also contains provisions relating to the amendment of judicial titles, which will ensure consistency and will help to avoid confusion for court users.
The measures in the Bill are an important part of our wider £1 billion reform programme, which will see our courts and tribunals modernised for the 21st century and our digital age. New online services are already providing new routes to justice for many. For example, of all applications for divorce from unrepresented citizens, more than six out of 10 are now made online, after the new service was launched in May. That amounts to more than 20,000 people in just over six months. It has saved time, cost and effort for them and the system. Reforms in the criminal justice system—from making pleas online for low-level offences, to the piloting of a new digital system to allow the police, Crown Prosecution Service, courts, judiciary and defence to have a single shared view of case information online—are making it work better for everyone, too.
The Bill is an important part of our wider reforms to make our justice system work better for those who use it and those who work in it. It also makes an important first step in the legislation that will underpin our reforms. We will introduce further courts legislation as soon as parliamentary time allows. With the appropriate safeguards in place, the Bill will allow our judiciary, courts and tribunals to operate more flexibly, responsibility and efficiently, and it will ultimately improve people’s experience of justice and put our courts and tribunals on a sound footing for the future. I commend the Bill to the House.
Mr Gauke
The hon. Lady is right to raise the importance of our judiciary, but I hope that we can reach a consensus on that. Does she not recognise that the Bill has the support of the judiciary? Senior retired judges have spoken in support of it in the other place, and it has been welcomed by the senior judiciary.
Yasmin Qureshi
I accept that the senior judiciary, some of whom are in the House of Lords, have said that the Bill is a good thing. However, practising lawyers, barristers, solicitors, the Bar Council and the Law Society have said that it is not right, and that the amendments that we will propose should be considered.
There is disagreement in the judicial community about the Bill. [Interruption.] I will just wait until the Lord Chancellor has dealt with his question. The Lord Chancellor and the practitioners here must be aware that, when judges are involved in delegated functions or non-court sitting judgments, they are making judgments on difficult issues and complex matters of law—for example, a case management hearing, or even something such as asking for an adjournment. We do not know, but, at the moment, the Bill suggests that such work could be done by delegated staff.
When someone asks for an adjournment, all kinds of complications could be involved; there could be issues relating to failure of disclosure and so on. According to the Bill as it stands, many issues would be given to a delegated person. That is one reason why we are asking for clarification about who those people will be, what powers they will be given, and, more specifically, what training they will be given. Although some senior members of the judiciary in the other place have said that the Bill is a positive development, the practitioners on the ground, at the moment, do not agree.
Oral Answers to Questions
David Gauke Excerpts(5 years, 6 months ago)
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Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Government remain fully committed to the convention, and we assess the UK’s implementation of article 13 of the convention as part of the reporting process to the UN. The latest report to the UN was this year. To improve access to justice for people with disabilities, we are investing £1 billion in reforming the Courts and Tribunals Service, to continue to ensure that we have a modern justice system that is accessible to all. We are also increasing the use of technology to benefit the mobility impaired, who may have greater opportunity to participate in court and tribunal services without needing to travel to a hearing centre.
Debbie Abrahams
Article 13 of the UN convention on the rights of persons with disabilities, to which we are a signatory, goes well beyond access to and the right to a fair trial and includes all aspects of democracy, rule of law and the effective administration of justice for all people. Given that disabled people have been disproportionately affected by cuts to legal aid for social security cases, and that hate crimes against disabled people are on the rise and employment discrimination is increasing, when will the Justice Secretary ensure that we fulfil our commitments under article 13?
Mr Gauke
We do fulfil our commitments, and I have to point out what we do as a country. We are proud of our record in supporting disabled people, including through the landmark Disability Discrimination Act 1995, and we have some of the strongest equalities legislation in the world, including the Equality Act 2010.
Karen Lee (Lincoln) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I am pleased to inform Parliament that, as the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), announced on Friday, we have awarded £3.3 million to 12 organisations to help to divert vulnerable women from crime and reduce reoffending. We know that a large number of female offenders are in extremely vulnerable positions. Many face issues with substance misuse and mental health problems, often as a result of repeated abuse and trauma. This is the first wave of funding from the £5 million investment in community provision announced in the female offender strategy, which sets out a range of measures aimed at shifting focus away from custody towards rehabilitative community services.
Karen Lee
My constituent Alison suffers economic domestic abuse from an ex-partner, but because of this Government’s cuts to legal aid she cannot afford legal representation to get the fresh start she needs. Will the Secretary of State meet me to discuss Alison’s situation and explain how she can navigate an underfunded legal system that limits access to justice?
David T. C. Davies (Monmouth) (Con)
Richard Burgon (Leeds East) (Lab)
The Prime Minister told her party conference that austerity was over, and the Chancellor said that austerity was finally coming to an end, but it seems that they did not have the Ministry of Justice in mind. The Treasury’s own figures—I have them here—show that justice budgets will be slashed by £300 million next year, and that is on top of hundreds of millions of pounds of cuts this year. Those cuts risk pushing justice from repeated crises to breaking point. Will the Secretary of State confirm that, as the Treasury says, justice budgts will indeed be cut by £300 million next year, and that these brutal cuts show that we cannot rely on the Conservatives to end austerity, injustice or anything else?
Mr Gauke
In the recent Budget, the Chancellor announced an extra £52 million for the MOJ to be spent in the course of this year. The figures to which the hon. Gentleman has referred are in the 2015 spending review. At the time of the 2017 general election, when the Labour party proposed spending that would increase Government debt by a trillion pounds, there was nothing there for the MOJ. Let us remember that next time the hon. Gentleman stands up and rants about spending on the MOJ.
Jeremy Lefroy (Stafford) (Con)
A firework factory explosion in my constituency killed two members of the public and there was a criminal conviction as a result. The widow of one of those people applied to the criminal injuries compensation scheme, but was refused. Will my hon. Friend look at the scope of the scheme to ensure that such injuries are included in future?
Vernon Coaker (Gedling) (Lab)
Mr Gauke
Since the introduction of the minimum custodial term in 2015, people who are caught for repeat possession of a knife are now more likely to go to prison. Recent statistics show that 83% of offenders received a custodial sentence, which is an increase from 68% in the year ending June 2015. It is also worth pointing out that average custodial lengths are also going up—from 7.1 months in the year ending June 2017, to 7.9 months in the year ending June 2018.
Vicky Ford (Chelmsford) (Con)
When a prisoner commits a serious violent offence in prison, will Ministers take action to ensure that prosecutions for such offences result in additions to the prisoner’s sentence, not concurrent sentences?
Mr Gauke
My hon. Friend raises an important point. Of course, the House recently passed legislation to increase sentences for violent crimes committed against prison officers and other emergency workers. It is right that we do so, and these matters need to be taken very seriously. It is important that the police, the Crown Prosecution Service and prison authorities work closely to ensure that we do not allow this activity to continue.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Richard Graham (Gloucester) (Con)
I welcome the Lord Chancellor’s confirmation that the female offender strategy signals a shift from custody to rehabilitation. I am also grateful, as it will be, for the award to the Nelson Trust. Would the Minister like to come and see the astonishing work of the Nelson Trust in Gloucester to help former female offenders?
Kerry McCarthy (Bristol East) (Lab)
Mr Gauke
I am very happy to look at what is happening in Bristol. Clearly it is right that debt collection measures are proportionate, and the hon. Lady raises an important point about that. One of the best ways to ensure that living standards increase and debt levels do not rise is by making sure that we get more people into work, and we are succeeding in that.
Bob Blackman (Harrow East) (Con)
In order to discourage reoffending it is essential that ex-offenders have settled accommodation when they leave prison. What action is my right hon. Friend taking so that prison governors ensure that there is settled accommodation, as is required under the Homelessness Reduction Act 2017?
Mr Gauke
I pay tribute to my hon. Friend for his work on the Homelessness Reduction Act. It is right that local authorities and prison governors work closely together to make sure that we provide that accommodation. There are three factors that help to bring down reoffending: ensuring that an offender gets a job, has accommodation—a roof over their head—and maintains family ties. If we can pursue all those, we will help to bring down reoffending.
Rosie Cooper (West Lancashire) (Lab)
Mr Gauke
As I have already set out, we are seeing more people going to prison and custodial sentences are increasing for these offences following the change in the law. On the question of deterrence, this is in part about sentencing, and these are clearly serious offences, but there are other factors when it comes to the deterrent effect; it is not just about sentences. We have to bear that in mind as well.
Tim Loughton (East Worthing and Shoreham) (Con)
How do we have a “fair and more progressive” way to pay probate fees, as the Minister put it, when the fees for an estate worth £499,999 have risen from £215 to £750, and those for an estate worth £500,000—just £1 more —will rise to £2,500 for not a jot more work on behalf of the Government? How is that fair?
Mr Virendra Sharma (Ealing, Southall) (Lab)
Several hon. Members rose—
Robert Neill (Bromley and Chislehurst) (Con)
I am very grateful, Mr Speaker. The Secretary of State has a particular responsibility to protect the interests of the judiciary. Recruitment to senior judicial office is a continuing problem, and there is a regular shortfall. He has indicated that he intends to consider seriously the recommendations of the Senior Salaries Review Body. When can we expect a response to this, given that a number of important posts are due to fall vacant?
Mr Gauke
My hon. Friend is right to highlight the shortage, particularly at the High Court, and it is right that we should look seriously at the proposals of the Senior Salaries Review Body. I am not going to put a date on when we will have completed that process, but it is important that when we do so, we get judicial recruitment on to a sustainable basis.
Dr Roberta Blackman-Woods (City of Durham) (Lab)
Daniel Zeichner (Cambridge) (Lab)
Mr Philip Hollobone (Kettering) (Con)
Given that we have 10,000 foreign national offenders in our prisons, with which new countries are we seeking to sign compulsory prisoner transfer agreements?
Laura Smith (Crewe and Nantwich) (Lab)
What conclusions did the Minister draw from any recent discussions with police and crime commissioners about their future role in our probation service?
Norman Lamb (North Norfolk) (LD)
Thank you, Mr Speaker. Does the Secretary of State recognise that it is intolerable that employment and support allowance claimants at the Norwich tribunal are waiting 40 weeks—nine months—for their appeal hearing, and that personal independence payment claimants are waiting six months, particularly when 71% of those appeals are successful? What is he doing to change that?
Justice Update
David Gauke Excerpts(5 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The “Supplement to the Fortieth Annual Report on Senior Salaries 2018” is published today. The supplement follows the Senior Salaries Review Body’s (SSRB) annual and major reviews of judicial pay. Copies are available from the Vote Office and the Printed Paper Office. I am grateful to the chairman and members of the review body for their work in undertaking these reviews.
The Government value the vital role played by the judiciary. Our judges are the envy of the world. They deservedly have the very highest reputation for integrity and independence. They deliver justice every day in courts and tribunals across the land without fear or favour, and in doing so uphold the rule of law on which our society is founded. Beyond that fundamental role, the quality and dependability of our judiciary is a critical part of making the UK an attractive place to settle disputes, and English law a pre-eminent choice for contracts.
I am pleased therefore to confirm today that members of the judiciary will receive a pay increase of 2% in 2018/19, which is the biggest pay rise for judges in nearly 10 years. This award will be backdated to April 2018.
In reaching our final position for the 2018/19 pay award, the Government have had to balance the need for affordability for the tax payer and future sustainability of public services while ensuring that pay awards are fair and consistent across the public sector. Therefore, the Government have not accepted in full the SSRB’s recommended increase of 2.5%.
The SSRB has also, at the Government’s request, conducted a major review of the judicial salary structure. This is a comprehensive assessment of the appropriate structure and levels of judicial pay for the future, taking into account the need to recruit and retain judicial office holders of the highest calibre.
In its major review report, which I am also publishing today, the SSRB highlight evidence of a growing recruitment problem at certain key levels within the judiciary—notably at High Court and circuit bench level. The SSRB conclude that these problems are principally occurring because the reward package has become much less attractive to potential applicants, and highlight in particular the impact of recent pensions changes on judicial reward.
The SSRB have made a series of recommendations, including that varying levels of pay increase are made across different salary groups, with the biggest increases recommended for those judges in salary groups where there is evidence of a recruitment problem and who are in the new judicial pension scheme 2015.
The Government take very seriously the threat that being unable to fill key judicial posts represents to the proper functioning of justice and the UK’s wider prosperity. We are now carefully considering what changes might be made to the judicial remuneration package to address the particular issues highlighted by the SSRB’s major review.
The Government will also be considering the SSRB’s recommendations on changes to the current judicial salary structure and their proposals for new pay supplements for those judges who undertake extra leadership responsibilities. I can also confirm that the Government will honour their commitment to maintain the recruitment and retention allowance currently paid to eligible High Court judges until they have responded to the major review.
This Government remain committed to ensuring our courts and tribunals system is as efficient as possible. Through our reform programme we have already taken important steps towards enabling judges to make the best possible use of their time, and I will continue to work towards this objective in partnership with the Lord Chief Justice and Senior President of Tribunals.
I will make a further statement to the House when I am in a position to set out in full the Government’s response to the major review.
[HCWS1045]
Justice Programme: Opt-in Decision
David Gauke Excerpts(5 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Government have decided not to opt in to a proposal for a regulation of the European Parliament and the Council establishing a justice programme.
The justice programme aims to support judicial co-operation in civil and criminal matters, promote judicial training and facilitate access to justice. It forms part of the justice, rights and values fund within the proposals for the EU’s new multiannual financial framework, the EU’s budget for the period 2021-27. The proposal has a justice and home affairs legal base, and so the UK must take an opt-in decision under title V of the treaty on the functioning of the European Union.
Given that the justice programme will run from January 2021 to December 2027, the UK will have left the EU and come to the end of any anticipated implementation period (which would conclude in December 2020) before the programme comes into effect. The European Commission has therefore drafted the regulation establishing the programme on the basis that the UK will not be able to participate as an EU member state, as it will no longer be part of the European Union. Opting in to the proposal would not automatically allow us to participate in the justice programme when it comes into effect, but it would allow the UK to have a vote on the proposals until March 2019 and potentially influence its development. If we wanted to join the programme after leaving the EU, we would need to negotiate with the European Commission to do so as a third country.
The UK did not opt in to the existing justice programme running from 2014-20. It was considered that the benefits to the UK from the programme (in terms of receiving funding for UK organisations to carry out activities under the programme) did not outweigh its costs to the Government.
Given these reasons, the Government have concluded that it is not in the national interest to opt in to the justice programme.
[HCWS1037]
Justice and Home Affairs Post-Council Statement
David Gauke Excerpts(5 years, 7 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I attended the Justice and Home Affairs Council for Justice day on Thursday 11 October in Luxembourg.
The Council reached a general approach on the insolvency restructuring and second chance directive.
During the discussion on e-evidence legislation, Ministers agreed not to include real-time interception within the scope of the regulation and asked for further work on the extent of the obligation to notify other states when data is sought direct from a service provider. I offered to share UK experience from our bilateral discussions with the US on a data access agreement, which was welcomed by the Commission.
With regard to the draft conclusions on the application of the charter of fundamental rights in 2017, 20 member states, including the UK, supported the Netherlands proposal for the adoption of “presidency conclusions” given the lack of consensus for Council conclusions.
The director of the Fundamental Rights Agency presented his annual review of the fundamental rights situation in the European Union (EU), noting rising levels of hate crime, including anti-Semitism, and discrimination faced by immigrants and minority groups. He also referred to Roma communities living without basic amenities such as electricity and water. Member states noted these concerns.
The Commission updated Ministers on implementation of the European Public Prosecutor’s Office (EPPO). The European Council will discuss the proposal to extend the EPPO to cross-border terrorism offences.
The discussion on enhancing mutual trust focused on the importance of mutual recognition, while noting the importance of an independent judiciary and the rule of law. The UK intervened to recognise the mutual benefits of continued co-operation, and the UK’s commitment to the principle of mutual trust. The presidency will prepare conclusions on mutual trust for the December JHA Council.
The Commission presented its communication on securing free and fair European elections, including protection from personal data misuse and cyber incidents.
The Home Secretary attended Interior day.
The Commission set out ambitious plans for a stronger, more effective European Border and Coast Guard Agency (Frontex) including a standing corps of 10,000 officers, which would provide substantial support to member states in protecting the external border. Member states underlined their support for a stronger Frontex, but expressed concerns about the size of the standing corps, its impact on national authorities and the consequences for member state competence on border protection.
The Commission briefly presented the new return directive recast and member states discussed accelerated borders procedures, linking the asylum and returns processes, with asylum claims processed as close to the border as possible and, if refused, the failed asylum seeker returned fast and smoothly. Some member states focused on the need to maximise third-country co-operation on returns and readmission of own nationals. Member states were divided on the mandatory nature of the border procedures. Some member states supported manifestly unfounded claims at the border leading to an entry refusal rather than a returns decision.
Over lunch, Ministers discussed the EU’s comprehensive “whole of route” approach to tackling illegal migration. The Home Secretary focused on strengthening the EU’s response to human traffickers and smugglers advertising online, and boosting our work with African partners on economic development, strategic communications and behavioural insights to prevent migrants from starting dangerous journeys to Europe.
Ministers also discussed the balance between solidarity and responsibility. The presidency, supported by some member states, proposed broadening the idea of “solidarity” to avoid compulsory reallocation of refugees to member states who reject this, but who are content to make substantial contributions to other aspects of migration management, including external partnerships with third countries.
The Council discussed the JHA funding programmes within the next multi-annual financial framework. The UK will not participate in these programmes as a member state. The presidency called on member states to establish a strong steering structure to ensure the optimal use of funds. Member states supported provisions to step up co-operation with third countries on migration, but raised questions around flexibility and allocations to member states.
The presidency updated on progress on the files within the common European asylum system (CEAS) package. The Dublin IV proposal, as it links to the issue of solidarity and burden sharing, will be discussed among leaders at the October European Council.
[HCWS1022]