Deaths of Service Personnel Overseas (Inquests)
Helen Grant Excerpts(10 years, 9 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Minister for the Armed Forces, my right hon. Friend the Member for South Leicestershire (Mr Robathan) and I now make our latest quarterly statement to the House on progress with inquests into the deaths of service personnel on active service overseas. First of all we wish to express the Government’s and the nation’s deep sense of gratitude to all our service personnel who have served on behalf of us all in the Iraq and Afghanistan operations. They are second to none in their continuous courage and their complete professionalism. We think of those service personnel who have given their lives, and we remember the families who are trying to learn how to live without them.
This statement provides details of inquests conducted by the Oxfordshire coroner, the Wiltshire and Swindon coroner and other coroners in England and Wales. The statement shows the position at 9 July 2013.
There is additional information to supplement this statement in tables which we have placed in the Libraries of both Houses. The tables give the status of all current cases. They include information about cases where a board of inquiry or a service inquiry has been held or has been directed to be held.
Our two Departments will continue to work together to ensure that our processes are timely and effective. The Chief Coroner for England and Wales is in post and his additional powers and duties in relation to service personnel inquests will come into force this summer. As we have previously reported. Section 12 of the Coroners and Justice Act 2009 came into force last year and enables deaths of service personnel killed abroad on active duty to be investigated in Scotland where appropriate.
Once again we offer our sincere thanks to coroners and their staff who are conducting inquests into the deaths of service personnel, and we will continue to support them. We are also grateful to everyone else who provides help and support for bereaved families as the inquest process goes forward.
Both Departments have made funding available for additional resources for the coroners in Wiltshire and Swindon and in Oxfordshire since October 2007. This helps those coroners conduct the inquests of service personnel who have been repatriated to airbases at RAF Lyneham in Wiltshire and RAF Brize Norton in Oxfordshire in their respective districts. The extra funding prevents any backlog of inquests and makes it easier for the coroners to take the service personnel inquests forward while still dealing with their normal workload.
Current status of inquests
Since we made our last statement a further four inquests have been concluded into the deaths of service personnel on operations in Iraq or Afghanistan. There have been a total of 573 inquests into the deaths of service personnel who have died in Iraq and Afghanistan or have returned to the UK and sadly died here from injuries sustained on those operations. In three cases there has been no formal inquest. One of these cases concerns a serviceman who died from his injuries in Scotland, where it was decided not to hold a fatal accident inquiry. The other two deaths were taken into consideration at inquests into the deaths of other service personnel who died in the respective incidents.
Open inquests
Deaths in Afghanistan
As at 9 July 2013, 45 inquests are open into the deaths of service personnel in Afghanistan. Four of these inquests concern deaths in the last six months.
The Wiltshire and Swindon coroner has retained nine of the open inquests, while the Oxfordshire coroner has retained 22. Coroners nearer to the next-of-kin have accepted jurisdiction in the remaining 14 inquests. Eight hearing dates have been set.
Deaths of service personnel who returned home injured
Regarding the deaths of service personnel who returned home injured but have sadly died of their injuries, three inquests are open and will be listed when investigations into the deaths have been completed.
We will continue to inform the House of progress.
Coroners and Justice Act 2009
Helen Grant Excerpts(10 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Today I have published the Government’s response to the consultation on our plans for implementation of the Coroners and Justice Act 2009, including new coroner rules and regulations and new statutory guidance for bereaved families. While we received a range of views on the consultation, there was broad consensus on most of the key issues.
We have made some changes to the detail of our original proposals to reflect the comments we received and I will lay in Parliament today the final versions of the rules and regulations that will underpin our reforms to the coroner system. We intend to bring the changes into force on 25 July.
The aims of the 2009 Act are to put the needs of bereaved people at the heart of the coroner system; for coroner services to be locally delivered but within a new framework of national standards; and to enable a more efficient system of investigations and inquests. I am confident that our reforms will enable these aims to be met.
The first Chief Coroner of England and Wales, His Honour Judge Peter Thornton QC, with whom we have been working very closely in developing our proposals, will now oversee implementation of the reforms.
Copies of the consultation response paper have been placed in the Libraries of both Houses, in the Vote Office and in the Printed Paper Office. The document is also available online, at: http://consult.justice.gov.uk/digital-communications/coroner-reforms.
Oral Answers to Questions
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Mr David Ward (Bradford East) (LD)
1. What steps he is taking to reduce the cost and quantity of claims for compensation for whiplash injuries.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Earlier this year, the Government consulted on proposals to reduce the number and cost of whiplash claims. We will publish our response after we have considered the Transport Committee’s report, which we expect to be published before the summer recess.
Mr Ward
Car insurance premiums in Bradford are the highest in the country. The Institute and Faculty of Actuaries has released information showing that the number of third-party whiplash claims rose by 5% in the year 2010-11, although the number of accidents fell. According to the institute’s chairman, 60% of the claims were exaggerated, misrepresented or fraudulent. Will the Secretary of State look again at the period within which claims can be made? At present, a claim can be made up to three years after a whiplash accident.
Mrs Grant
We have no plans to change the law on limitation, but I assure my hon. Friend that the Government are absolutely committed to tackling fraudulent whiplash claims, while also ensuring that those with genuine neck injuries receive the compensation that they need and deserve. Making the system fairer for defendants does not, of course, compromise access to justice for claimants, and we will seek to restore balance to the civil justice system.
Helen Jones (Warrington North) (Lab)
As the Minister knows, the vast majority of claims are genuine. Rather than being obsessed with this issue, should not the Government be targeting some of the practices of the insurance industry, such as cold-calling victims or referring them to its in-house lawyers in the hope of settling claims cheaply? Why are the Government not doing that? Is it because, again, they are on the side of the big battalions rather than the consumer?
Mrs Grant
The hon. Lady has got it absolutely wrong. We know that the Government, the insurance industry and claimant lawyers must all work to tackle fraud, because it is completely unacceptable. We fully expect the industry to pass on the considerable savings that it will make to the public in the form of reduced insurance premiums.
Mr Julian Brazier (Canterbury) (Con)
Having suffered a severe whiplash injury after someone shunted my vehicle many years ago, I have great sympathy for genuine victims, but there is widespread evidence that gangs have moved into what they see as a profitable business, generating deliberately fraudulent claims, and that that is driving up premiums for ordinary motorists.
Ms Margaret Ritchie (South Down) (SDLP)
Given that the cost of car insurance is very high in Northern Ireland, particularly in relation to whiplash injuries, and given that the issue was referred to the Competition Commission last year, will the Minister tell us whether she has received any progress reports from the commission?
Mrs Grant
I personally have received no progress reports, but I am happy to look into the matter for the hon. Lady. The Automobile Association recently reported a 4.1% reduction in premiums, which it attributed to the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Government’s other reforms, but it is clear that much more needs to be done.
Stephen Gilbert (St Austell and Newquay) (LD)
2. What assessment he has made of the use of restorative justice on the secure children’s estate.
George Eustice (Camborne and Redruth) (Con)
9. What assessment he has made of the effectiveness of the small claims procedure.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In April, the Government increased the limit in the small claims track from £5,000 to £10,000, with the aim of ensuring that more claims are resolved in a way that is accessible, proportionate and cost-effective.
George Eustice
I am grateful for that answer and welcome the raising of the threshold from £5,000 to £10,000, but a constituent of mine has highlighted some of the difficulties people have enforcing some judgments. My constituent had a judgment in his favour for £475 against a tradesman who failed to complete a task, but never received the money; he found that his only remedy was to incur further legal and court costs. Does the Minister agree that we need to review enforcement in such cases where payment is not made?
Mrs Grant
My hon. Friend makes a good point. Our “Solving disputes in the county courts” consultation considered reforms to the attachment of earnings order and the third party debt recovery order. We support those reforms and will implement them as soon as resources allow. Changes have been made to the charging order and order for sale procedures, which will help both creditors and debtors.
Ian Mearns (Gateshead) (Lab)
10. What steps he is taking to reduce reoffending.
Caroline Dinenage (Gosport) (Con)
13. If he will take steps to ensure that in cases where a person has disappeared and is presumed dead, their family and loved ones are better able to deal with the practical and administrative issues that arise.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
We are working with the General Register Office to create the rules and regulations necessary to implement the Presumption of Death Act 2013, which will create a single certificate of presumed death equivalent to a death certificate.
Nigel Adams
I welcome that response, and so will the family of missing York woman Claudia Lawrence. We have certainly moved on in the past few months and I am very grateful. Can my hon. Friend confirm that a Bill will be put before the House to deal with the issues around guardianship, and will she tell the House the likely time scale for that?
Caroline Dinenage
Leading Seaman Timmy MacColl went missing while in Dubai with the Royal Navy last May. He leaves behind a wife and three small children. The Royal Navy is now seeking to get a certificate of death without any face-to-face consultation with his wife. On top of the emotional strain, this casts a question mark over the family’s financial future and where they will live. To what extent can the Ministry of Justice liaise with the armed forces in such cases and ensure that the family are much more involved in these decisions?
Mrs Grant
I know that my hon. Friend cares deeply about these issues and has worked tirelessly in assisting this family in her constituency whose loved one has gone missing. The Ministry of Defence has its own procedures for presuming missing service personnel to be dead and does not liaise with the Ministry of Justice in individual cases, but if my hon. Friend would like some further information on the involvement of family members, I am happy to make representations to the Defence Secretary on her behalf.
Mark Menzies (Fylde) (Con)
16. What assessment he has made of recent trends in the development of judicial review.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
There has been a significant growth in the number of judicial review claims, increasing by 86% between 2007 and 2012. Judicial review will continue to play an important role in holding Government and others to account.
Mark Menzies
Does the Minister agree that too much time and money are being spent on weak and unmeritorious cases, and that this needs to be addressed with some urgency?
Mrs Grant
My hon. Friend makes an excellent and astute point. Judicial review is a crucial check on the power of the state, and it will remain so. However, it is also subject to abuse—stifling innovation, frustrating reforms and incurring considerable cost. Our reforms will tackle the burden while maintaining the benefits of the rule of law and access to justice.
Robert Flello (Stoke-on-Trent South) (Lab)
Aside from the near impossible job of getting the Attorney-General to quash an inquest, the only route that families have to challenge a coroner’s decision is through judicial review. The Government have already stopped bereaved families having a proper coroners appeal system. Is not the restriction of judicial review a further kick in the teeth for bereaved families?
Mrs Grant
I do not agree with the hon. Gentleman. He is well aware of the actions that have been taken for bereaved families. I will not go into too much detail now, but I will say, picking up the point about judicial review, that these proposals strike the right balance and a fair balance, and they are proportional and targeted. The system is already subject to abuse. The reforms that we will put forward will not restrict access to justice or the rule of law, nor the right to a fair hearing.
Kelvin Hopkins (Luton North) (Lab)
T1. If he will make a statement on his Departmental responsibilities.
Ian Swales (Redcar) (LD)
T9. In its court translation services, Capita is delivering only 90% compliance against a contract level of 98%. Will the Minister tell the House the overall cost of that failure to the Courts Service and the total amount of the penalties that have been levied on Capita?
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The were difficulties and teething problems at the beginning, but the contract is now running at a very good success rate. The contract saved the taxpayer £15 million in the first year. I believe that it will be more effective, accountable and transparent than the previous version.
Ian Mearns (Gateshead) (Lab)
T10. There are significant questions of confidence relating to the Justice Secretary’s plans to privatise courts, not least from the Lord Chief Justice, and the Justice Secretary’s own officials have little confidence in his plans to privatise the probation service. Does anyone in the criminal justice system have any confidence in the Justice Secretary?
Justice
Helen Grant Excerpts(10 years, 10 months ago)
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Simon Hart
To ask the Secretary of State for Justice on how many occasions his Department has, following an order of the Crown Court, paid money out of public funds to (a) the RSPCA and (b) defendants prosecuted by the RSPCA in the last five years; and what amount was paid on each such occasion.
[Official Report, 12 June 2013, Vol. 564, c. 370W.]
Letter of correction:
An error has been identified in the written answer given to the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) on 12 June 2013. The answer should have been from Jeremy Wright.
The full answer given was as follows:
Lasting Powers of Attorney (Digitisation)
Helen Grant Excerpts(10 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In the response to the consultation “Transforming the Services of the Office of the Public Guardian”, published on 23 January 2013, the Government said that they would consult further on their proposals for changes to the process for making lasting powers of attorney. This is part of the Office of the Public Guardian’s commitment to deliver online services which maximise the benefits to customers of a simpler, clearer and faster service.
We are now considering the next phase of the OPG’s transformation programme and I am pleased to announce that the Department intends to publish a consultation paper shortly containing high-level proposals about how a fully digital process for creating and registering lasting powers of attorney might be achieved. Our intention is to make a final decision in 2014 on whether legislation to enable the making of a fully digital lasting power of attorney should be made.
As we develop these proposals further, the Department will engage with a range of interested organisations to ensure we address any concerns.
Interpreting and Translation Services
Helen Grant Excerpts(10 years, 10 months ago)
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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
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
It is a pleasure to serve under your chairmanship today, Mr Pritchard. I genuinely welcome the opportunity to listen to the debate. I shall do my very best to respond to the issues raised today and to the important report of the Justice Committee.
I would like to affirm my Department’s appreciation of the services provided to the justice system by interpreters, many of whom I can see in the Chamber today. They ensure fairness in courts and tribunals; they encourage confidence in the justice system; and they are a vital part of the service that is provided. It is well known, however, that the old system was not ideal. It was inefficient, inadequate and did not provide good value for money. Those issues were noted by the National Audit Office in its report. The new contract and framework agreement were developed to address, as far as possible, those inadequacies. The reality is that we could no longer afford to reward people in a way that bore no relation to the levels of work that they carried out. The National Audit Office recognised that important reality, too.
Mrs Grant
Let me make some progress, and I will give way later.
Remuneration now more closely reflects the work being undertaken and is more closely aligned to the rates on offer for similarly qualified people in other public services. We do not deny that there were teething problems during the early stages of the new contract, and as the Ministry said in its response to the Justice Committee’s report, the initial performance was not satisfactory. Contingency plans were put in place quickly and had a direct effect. Disruption was kept to a minimum; we pushed Capita to improve matters urgently; and there was a significant outlay of investment on its part to improve services.
In the year 30 January 2012 to 31 January 2013, there were more than 131,000 requests for language services, covering 259 different languages, and the overall success rate was at 90%. That is a significant improvement on the 67% successful booking rate in February 2012. The number of complaints received, as against the number of bookings made, has fallen significantly. From February 2012 to August 2012, complaints fell from 10.6% to 1.7% in criminal courts; from 6.3% to 0.8% in civil and family courts; and from 19.2% to 5.6% in tribunals.
We take our responsibilities seriously, and we have ensured that each complaint is investigated. As has been said during the debate, lessons must be learned. I can assure hon. Members that lessons truly are being learned.
Ian Swales
A 90% success rate can also be described as a 10% failure rate. Can the Minister remind the House what success percentage was expected in the contract? On the point I made in my speech, what fines have Capita had for failing to meet the standards of the contract?
Mrs Grant
The ideal success rate is 98% and I believe the fines were approximately £1,400 or £1,500. I can get that figure for my hon. Friend, but 98% is what we are aiming at and what we are determined to achieve. I am confident that we will.
We have acknowledged and acted on many of the points rightly raised by the Justice Committee, the National Audit Office and the Public Accounts Committee, and we have genuinely gone right back to the contract to see where changes could benefit performance. We are not complacent; we continue to meet the challenges head on. For the first time, we can honestly say that we have a system that delivers a sustainable service and includes easily quantifiable standards—a system in which people in the justice sector can have confidence. Improvements have been made, but we have more work to do and we will endeavour to do it.
I would like to respond to some of the key aspects of the Justice Committee’s report. Many questions have been asked of the Government today, but I will do my best to respond to a number of the specific issues raised, starting with remuneration. The framework agreement between the Ministry and Capita has allowed us to make significant savings of some £16.7 million in the first year. Such savings are much needed in the current financial climate, but I recognised that the savings were affecting performance and we therefore ploughed an estimated £2.9 million of them back into the system. As I announced in the House on 25 April, the Department has amended the terms of the contract with Capita to increase remuneration for interpreters. The terms now include cancellation fees and greater rewards for more highly qualified interpreters.
Mrs Grant
I am afraid I do not accept that. We do not have supply problems at the moment. The reality of the situation is that we are fulfilling contracts. Our changes equate to an average increase of 22% in remuneration rates, which will attract new and retain existing good-quality interpreters.
Regarding stakeholders, we continue to discuss developments with interpreters and with Capita. There has been open and frank dialogue between the Ministry and the Professional Interpreters for Justice group, and we seek to maintain a productive dialogue. We have a common interest in ensuring that language is not a barrier to justice, and that shared vision was clear to me at a meeting with the Professional Interpreters for Justice group that I chaired at the end of 2012. I recognised the commitment, the concern and the care.
In relation to quality, the contract allows for a greater range of acceptable qualifications and experience than previously, but there are, of course, suitable safeguards. All foreign language interpreters must provide evidence of their qualifications before they can undertake assignments, qualifications which in many instances are the same as those required by the National Register of Public Service Interpreters.
Tiering interpreters according to their skills is the right approach to delivering a sustainable system. Courts and tribunals expect as a minimum a tier 1 or tier 2 interpreter for a hearing, and that has been set out in staff guidance. There is, however, flexibility, and very occasionally the court or tribunal, together with the judge, can be asked to decide if the complexity of the case would allow for the appointment of a tier 3 interpreter. Our changes to remuneration should also attract more interpreters to tiers 1 and 2.
I accept the Justice Committee’s recommendation that a quality criterion within the framework should be independently evaluated, and the Ministry is initiating that work and will be in a position to update the Justice Committee in the autumn. I want to make it crystal clear, however, that it is the role of the service provider—namely, Capita—to ensure that those who work within the framework meet the required standards.
Dr Huppert
This matter has been raised with me by a number of constituents who have been affected both as interpreters and through the legal system. The Minister is right that things are not as disastrously bad as they originally were, but how will she ultimately decide whether the whole thing simply is not fixable? What test will she apply?
Mrs Grant
With respect, I do not think that we need to do that. I have no intention of being arrogant. I used to work in the system as a lawyer in an edgy London borough. We used interpreters regularly, and the system was not good. It was expensive and unpredictable, notwithstanding the fact that many of the interpreters we used were outstanding. The system needed to change, and it has. It needs to be noted, as I have already said, that we do not have supply problems at the moment. Where there have been problems, they have tended to involve the more challenging and unusual languages. We have also saved a considerable amount of money, which is welcome in these very difficult financial times.
With regard to performance data, the Committee raised issues about the clarity of our published performance figures, and I can confirm that the latest statistics were published on 28 March in accordance with the guidance issued by the UK Statistics Authority.
On cost savings, which several hon. Members have mentioned, we estimate that the cost of interpreters to the Ministry was previously around £30 million per annum. Based on cautious assumptions, we have made savings of about £16.7 million, against an expected forecast of £12 million, and as I have stated, we have invested £2.9 million back into the system, to make the contract sustainable.
Dr Huppert
I understand the drive to save money, but can the Minister be clear whether that £16.7 million saving takes into account the extra costs for cases that have had to be rescheduled, delayed or scrapped?
Mrs Grant
If my hon. Friend will bear with me, I will come to that point—I am barely halfway through and will go on for a fair bit longer.
The shadow Minister, the hon. Member for Hammersmith (Mr Slaughter), and my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) talked about participation in the online survey. As the Ministry of Justice had co-operated fully, we took the view that it would not be appropriate to invite court staff to submit further evidence via the online forum set up by the Select Committee. We took that action because the civil service management code and the Osmotherly rules state that officials
“should not take part in research projects or surveys designed to establish their personal views on Government policies”.
We considered it right and proper to follow those rules.
The right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) referred to the adequacy of the previous system. Setting aside my own experience, I can say that the system was inefficient because an MOJ audit found it to be risky, and the National Audit Office agreed that it was inadequate and did not provide good value for money.
The right hon. Gentleman also referred to due diligence, and I can tell him that the procurement process was fair and competitive and that due diligence checks were carried out. However, lessons must be learned from the comments made by the Justice Committee and the NAO, and those from our own assessment. Along with other hon. Members, he raised the suitability of ALS. ALS had a background in the sector, and we felt that it had the capacity to expand to meet our needs, but, of course, that was not the case.
A number of Members have mentioned inefficiencies in trials and the disruption and costs that have flowed from ineffective trials. Magistrates courts listed more than 80,000 trials in the first and second quarters of 2012. Just 345—0.4%—were unable to proceed because of interpreter problems. Although I absolutely acknowledge that it is not good for any trial not to proceed, contingency plans were put in place to make sure that disruption was as small as possible.
[Jim Sheridan in the Chair]
Quality of service has been a recurring theme. We are satisfied with the quality of the interpreters being used, but, as I mentioned, there will be an independent evaluation this year, and we will update the Justice Committee in the autumn on its progress.
The hon. Member for Hammersmith mentioned the cost of cases not going ahead. I am sorry that he has had so much trouble getting a satisfactory response. I am not sure whether I will do much better today, but I always like to try when I am facing him. All I can say is that courts deal with thousands of cases every day. Some cases do not go ahead, often for a variety of reasons, and calculating the cost could take a disproportionate amount of time and money.
The future is important. It might be worth saying that the NAO agreed that our procurement process was fair and competitive and that the contract should be fully implemented. Our review identified a number of processes that have since been improved.
Mrs Grant
That is a specific and very fair point, and I will have to write to my hon. Friend about it.
The Department does not propose to change the current key performance indicators under the contract and framework agreement. The current suite of information available to us allows us closely to manage the performance of the contract. Capita provides us with the number of complaints, which we closely monitor and publish as part of our regular official statistics. However, we are willing to discuss with Capita and our other justice sector partners whether a user satisfaction measure, as suggested by my right hon. Friend the Member for Berwick-upon-Tweed, can be added to the management information already collected. A key performance indicator on quality will also be considered in the independent assessment that, as I indicated, is due to take place this year.
The Government are clear that the new contract had a number of problems, and we have taken lessons on board. We realise that it is unacceptable for any case not to go ahead. We now have a system that is robust, sustainable and able to deliver a quality service to people in the justice sector at an affordable level.
Mr Slaughter
I was not greatly shocked to be told that recovering the figures that I asked for would involve a disproportionate cost. If the Minister is going to persist with that line, she cannot give a figure for savings, because, if it is accurate, it is clearly a gross figure. The collapse of any of the serious Crown court trials that I mentioned will cost tens, if not hundreds, of thousands of pounds. The Government must be able to make some estimate of the costs. It is not good enough just to say, “We’re not going to collect that information from the courts.” Although it may not be 100% accurate, we need some idea of the cost to the public purse of this contract going ahead.
Mrs Grant
I am afraid that I cannot honestly say any more than I have already said; I do not want to be disingenuous. I take on board what the hon. Gentleman says, and if we can do any more—if we can give him any further and better particulars—I will be happy to try to do so.
The system has been operating well in the National Offender Management Service. The senior presiding judge told the NAO that the system had improved since initial roll-out through the Ministry’s actions. I am pleased to confirm that complaints are declining. I have outlined the improvements in our success rate. Just 0.4% of magistrates court listings were delayed because of interpreter problems in the first and second quarters of 2012, which was the difficult period. We will continue to work closely with our partners and to bring about changes that deliver improved performance in the future.
Guardianship of Property and Affairs of Missing Persons
Helen Grant Excerpts(10 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Government stated in their response to the 12th report of the Justice Committee in the 2010-12 Session on presumption of death (Cm 8377, published July 2012) that the Ministry of Justice would discuss with the Law Commission whether it could take on a project on the need for legislation to create a status of guardian for the affairs of a missing person within England and Wales.
These discussions have now concluded. The Law Commission was keen to take on the project, and was willing to adjust its planned programme of family law work to enable it to do so. However, because of the negative impact on other important reform projects that this would have involved, the Ministry of Justice has decided not to ask the Commission to disrupt its programme and, instead, will take forward the project within the Department.
I am therefore pleased to announce that the Department intends to publish a consultation paper on this subject later this year with a view to taking a final decision in 2014 on whether a status of guardian should be created. In preparing the consultation paper the Department will be assisted by the charity Missing People, and its legal advisers, the pro bono section of Clifford Chance LLP. The Department is very grateful to Missing People and Clifford Chance for their assistance and to the Law Commission for its engagement with Government on this matter.
The Department will also engage with organisations representing business interests in preparing the consultation paper.
Presumption of Death Act 2013
Helen Grant Excerpts(10 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Presumption of Death Act 2013 received Royal Assent on 26 March 2013. Sections 9 and 15(4) of and schedule 1 to the Act (so far as they confer a power to make rules or regulations) and sections 17 to 24 (inclusive) came into force on that date. The remainder of the Act will be brought into force by order made by statutory instrument on a date to be appointed by the Secretary of State.
The Ministry of Justice and the General Register Office are working to create the necessary rules of court and registration regulations and the associated procedures. It is expected that this work will be completed in time for the remaining provisions of the Act to be brought into force in April 2014. However, this date is not certain and I will make a further statement regarding the timing of commencement before the end of 2013.
Legal Services Review
Helen Grant Excerpts(10 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The complexities of the current legal services regulatory landscape have been raised with Ministers by a number of different stakeholders and through the red tape challenge, and Ministers have decided to undertake a review of the legal services statutory framework. The purpose of this review is to consider what could be done to simplify the regulatory framework and reduce unnecessary burdens on the legal sector while retaining appropriate regulatory oversight. This review will encompass the full breadth of the legislative framework, covering at least 10 pieces of primary legislation and over 30 statutory instruments. We are also open to comments on the interaction between the legislative framework and the detailed rules and regulations of the approved regulators, licensing authorities and of the Legal Services Board and Office for Legal Complaints; although we recognise that these are not owned by the Ministry of Justice.
We are starting the review with a “call for evidence” from stakeholders. At this initial stage, we are interested in hearing about concerns with, and ideas for reducing, regulatory burdens and simplifying the legal services regulatory framework. We would be interested in ideas covering the overall legislative framework, and any specific provisions or aspects within it. The evidence provided will be analysed to identify potential ways in which the framework might be simplified while retaining appropriate regulatory oversight. Following the analysis, Ministers will decide on next steps.
We are seeking views from a range of stakeholders across the legal services sector including the representative and regulatory arms of each of the approved regulators and licensing authorities, and those applying to be approved regulators/licensing authorities, the Legal Services Board, Office for Legal Complaints, Legal Services Consumer Panel, Office of Fair Trading, consumer bodies, legal academics and the judiciary. We will also be seeking views from persons providing legal services.
Oral Answers to Questions
Helen Grant Excerpts(10 years, 11 months ago)
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Caroline Lucas (Brighton, Pavilion) (Green)
1. What recent discussions he has had with his Cabinet colleagues on the costs and benefits of his reforms to judicial review.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The impact assessment of 23 April and the Government response to the consultation clarify the costs and benefits of our reforms, which are intended to tackle delays and reduce the burden, while upholding access to justice.
Caroline Lucas
Figures published by the Minister’s Department confirm that the proportion of judicial review applications for planning and environmental cases has remained unchanged since 2005. Does she agree that, rather than facing a culture of so-called meritless judicial review applications, what we actually face is a meritless attack on people’s fundamental constitutional rights to challenge unlawful behaviour by public bodies and protect their environment, without a shred of evidence to substantiate the changes she is rolling out?
Mrs Grant
I do not agree with the hon. Lady. Judicial review is a critical check on the power of the state—and it will remain so—but it is also subject to abuse, stifling innovation, frustrating reforms and imposing unnecessary costs on individuals, business and the economy. Our reforms will tackle the burden while maintaining the benefits of the rule of law, access to justice and the right to a fair hearing.
Mr Julian Brazier (Canterbury) (Con)
In welcoming my hon. Friend’s remarks, may I urge her to look at other, wider areas where judicial review might be considered to some extent to be supplanting Parliament by interfering with the answerability of Government? I am thinking of some immigration tribunals and areas of the benefits system, where judicial review has been misused.
Jeremy Corbyn (Islington North) (Lab)
How can the Minister possibly claim that these changes are not damaging access to justice, when she knows full well that by reducing the possibility of taking cases to judicial review, public authorities and the Executive cannot be held to account by ordinary citizens? Why is she destroying what is so important in our justice system in this country?
Sir Tony Baldry (Banbury) (Con)
Does my hon. Friend agree with the principle that public power should not be exercised to abrogate fundamental common-law values, at least unless abrogation is required or those concerned are empowered by clear primary legislation? If we have better and clearer primary legislation, we are likely to have less judicial review.
Jason McCartney (Colne Valley) (Con)
2. What steps he plans to take to reduce the number of offences committed by people on probation.
Sheila Gilmore (Edinburgh East) (Lab)
3. What progress he has made on improving the feedback from tribunal judges to the Department for Work and Pensions on the reasons for overturning employment and support allowance refusal decisions.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The provision of feedback on reasons for tribunals’ decisions is always a matter for the judiciary. As the hon. Lady will be aware, new arrangements for this were put in place in July 2012. Her Majesty’s Courts and Tribunals Service is continuing to work with the judiciary, the Department for Work and Pensions and the other organisations involved to find ways of improving feedback.
Sheila Gilmore
The problem is that the feedback mechanism, which involves the use of a drop-down menu, is very brief. For example, the reason given for 40% of the overturned decisions was “cogent oral evidence”. That does not give decision makers in the DWP any real help in understanding how they can make changes that would result in fewer appeals. Surely it is necessary for the Department, which bears the cost of the appeals, to do something about this.
Mr Philip Hollobone (Kettering) (Con)
The waiting times for appeal hearings for employment and support allowance claims are far too long. The waiting time at the Leicester venue is now 40 weeks, which is a complete disgrace. What is the Minister going to do to sort this out?
Mrs Grant
My hon. Friend makes a good point. It is important to deal with these cases in a timely manner. National waiting times for ESA appeals are actually down, from 21.5 weeks in December 2011 to 16.7 weeks in December 2012. The figures are even better in Scotland, but of course more needs to be done.
Chris Bryant (Rhondda) (Lab)
That is a very good tie, by the way, Mr Speaker.
Does the Minister agree that so many incorrect first decisions having to be overturned by judges not only causes massive grief for the families concerned but incurs significant additional cost to the taxpayer? That is a double whammy. Surely it is time we got this right.
Mrs Grant
The judiciary provides feedback, which is being considered. In November 2012, over 60% of appeals allowed by tribunals had reasons for the decisions attached. As I indicated in response to the question before last, we are looking at a new pilot, and I will write to the hon. Member for Edinburgh East (Sheila Gilmore) about it.
Helen Jones (Warrington North) (Lab)
The Minister told us earlier about what she views—wrongly in my view—as the exploitation of judicial review. Is it not the case here that poor decisions by Atos are piling work on the tribunals service and therefore costing the public more money? Why does her Department not liaise properly with the Department for Work and Pensions, or is this another case of one arm of the Government not knowing what the other is doing?
Kate Green (Stretford and Urmston) (Lab)
4. What the Government’s strategy is on the future of the probation service.
Stella Creasy (Walthamstow) (Lab/Co-op)
20. What the Government’s strategy is for victims of crime.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
For many years victims have felt overlooked and completely unsupported by the criminal justice system. The Government are determined to put that right, which is why we are implementing a range of reforms that will put victims at the very heart of the criminal justice system, which we say is where they belong.
Stella Creasy
Today we will hear more about the tragic case of Maria Stubbings and how she was dealt with as a victim of domestic violence. Ministers have acknowledged that delays in our courts system disproportionately affect victims of sexual violence. Will they acknowledge that too many female victims in Britain get a raw deal in our criminal justice system, and what do they intend to do about it?
Mrs Grant
I categorically do not agree with what the hon. Lady has said. The Government are absolutely committed to tackling domestic violence and violence against women and girls. We have set up a national taskforce, led by my right hon. Friend the Minister for Policing and Criminal Justice, to protect children and vulnerable people from sexual violence. We have also opted into the EU directive on combating child sexual exploitation and will continue to do everything we possibly can to ensure that vulnerable people are protected from the devastating crimes that can do serious long-term harm.
Grahame M. Morris (Easington) (Lab)
T1. If he will make a statement on his departmental responsibilities.
Mr Mark Spencer (Sherwood) (Con)
T9. . What can the Secretary of State do the reverse the increase in the compensation culture in the UK?
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Our whiplash consultation closed on 8 March. We looked into the use of independent medical review panels and increasing the small claims compensation threshold. A response to the Government’s consultation will be published in autumn this year after the Transport Committee’s inquiry into whiplash.
Mrs Mary Glindon (North Tyneside) (Lab)
T2. What plans does the Minister have to monitor the banning of referral fees in personal injury matters and to review the payment of referral fees in conveyancing?