Family Justice Reform

Ian C. Lucas Excerpts

Wednesday 15th November 2017 Westminster Hall

[Suella Fernandes]

I thank my hon. Friend for raising mediation. Compulsory family mediation information meetings were one of the measures introduced in the 2014 Act. They have had the benefit of diverting conflict and cases out of the adversarial system.

The Conservatives and the Government should be proud of a record that leaves family justice in a better place than where we found it in 2010. Why did I call this debate? I called it because there is further to go.

[Ian C. Lucas (Wrexham) (Lab)]

I thank the hon. Lady for calling the debate on an important issue, but we have to have a reality check. The Government have withdrawn legal aid from the important areas she has been describing. Mediation has been badly hit by the reforms to which she has referred. We have gone backwards, not forwards. Will she accept that this is a time for reviewing the current situation so that the people who come to my surgeries, who cannot get any help to navigate the complex system, can find help?

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[Jim Shannon]

I thank the hon. Gentleman for his intervention and explanation. There is no reason why we cannot support that—indeed, I am going to say those things right now. I fully support what he has put forward.

In the example of the lady who moved in and paid into a mortgage, everything in her relationship was in the name of her partner—their house, their car and every other loan they took out. At the end of the relationship, which ended through no fault of her own, she ended up with absolutely nothing. I find that quite annoying, and I want to put that on record. There should be no young woman or man who has paid off someone else’s mortgage, only to receive marching orders because the grass is greener on the other side.

I ask the Minister to consider working with all the devolved Assemblies—as long as we have a Northern Ireland Assembly, of course—to tighten up protection and responsibilities for long-term co-habiting partners. At the very least, people should be made aware that the common-law principle is a myth. When they chose to move in with someone rather than to formalise their choice, they are left open, and legal redress is a long and drawn-out process. There is a process, but it is laborious, convoluted and difficult to see through. In my introduction, I said how complex the situation is; the stories of the people who come to tell me what they have had to go through to try to get to the end of the road are quite unbelievable.

People can prove they have lived in a house through direct debits and other bills that they pay, but that process should not be difficult or open to badness—if I can use that terminology—from one partner, leaving the other partner homeless and hopeless.

[Ian C. Lucas]

The hon. Gentleman is making a compelling case. There is a horrible consensus emerging in the debate, particularly on common-law marriage. The idea emerged from I know not where, but it has never ever existed. The other important aspect is that the whole process is hideously expensive. For someone to establish their rights through the courts, which may be possible through a resulting trust or a constructive trust, is impossibly expensive for most ordinary people.

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[Ian C. Lucas (Wrexham) (Lab)]

I came to this debate because this is a very important subject. I am a solicitor by background, although it was a very long time ago and I have never been a family lawyer. I am grateful to the hon. Member for Fareham (Suella Fernandes) for securing this debate. We have had an interesting discussion.

I often come across family cases in my constituency because I am the end of the line for my constituents. I am sure colleagues here share that experience. Those individuals are often in very distressing circumstances, are dealing with important relationships with their children—those cases disturb me most of all—and cannot find any help to negotiate the very complex and difficult system.

I have no doubt that the legal changes since 2010 have largely improved the situation for children, but they will have an impact only if they are properly enforced, and enforcement depends on equal access to justice. We need a legal system that reflects the society in which we live. I strongly agree with the hon. Lady’s comments about our divorce laws, which predate my legal training, and are therefore completely out of date and need to be reconsidered.

In this Parliament, in which there is a lack of political consensus the likes of which we have never seen before, this is the kind of area on which we can work together as Members of Parliament. There is no profound political difference on this matter, so there is scope for making progress if we can agree on a way forward. The key point I want to make is that we need to have a system that gives decent access to justice to all the people who need it in this country.

I have a constituent, a very committed father, who has been to see me on numerous occasions throughout a long legal case involving contact with his children. Despite the fact that I have tried to use some of the avenues available through the good people who provide voluntary services to support individuals before the court, my constituent really needs a solicitor to deal properly with his case. The present system has deteriorated since 2010 because for him legal aid is not available in the way that I used to know it. I therefore strongly welcome the investigation of the Bach Commission that the Labour party has conducted. The Government have indicated they are prepared to look at the matters again. I welcome that, too, because I believe there is a broad consensus, although it is not spoken of very often, on the need to have better access to justice, particularly in cases that involve children.

I hope this debate will be a starting point for us to look again at access to justice and to recognise that there are real problems in our communities, which we see in our constituency offices and arise because of the lack of access to justice. The system is hideously complex. It is difficult for any individual to negotiate it and we have an obligation to try to revisit it and make it better.

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[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate the hon. Member for Fareham (Suella Fernandes) on securing the debate. Before I became a Member of Parliament I was a practising barrister and dealt with cases in the family courts. Because family court proceedings are held in private, not much is known about their operation and decision making. Yet those courts make decisions affecting more than 200,000 families. I believe that the courts need to be opened up, and that that can be done without the identity of parties being disclosed. The expression “child A” or “family A” can be used to stop identification of parties. The concept of no-fault divorce should be looked at and implemented, as the current law effectively forces spouses to throw mud at each other, when the truth is probably that the marriage has just come to an end. Cost is another issue that adds to the worry, as many people who are separating will already face financial difficulties and challenges.

Another important aspect of family courts that has been alluded to is what happens when partners have separated, including questions about the enforceability of child arrangement orders. The courts make those orders to regulate the contact and residence of children, but, sadly, they are breached regularly. I remember distressed clients complaining about how their ex-partner would not turn up, would be very late, would make excuses for not allowing the child to be picked up, and would generally be manipulative. It caused a lot of frustration. The only legal solution was to go back to the court, but that meant spending more money, which, often, the clients did not have, and getting cases listed before courts, which would take months. They therefore lost valuable time with their children. The hon. Member for Wells (James Heappey) mentioned one of his constituents facing similar game-playing by the other parent. I agree with the hon. Member for Fareham that there should be a much quicker method to deal with people who manipulate the system.

When orders are being arranged, the judge could, in a very severe way, inform the parties of the consequences of non-compliance. We must also not forget about parenting orders for cohabiting families. The hon. Member for Strangford (Jim Shannon)—he is not in his place at the moment—spoke about the rise in the number of cohabiting families, and it is important to consider how to protect those families and the challenges that have arisen.

Another point about family courts often does not get mentioned—it has not been mentioned much in this debate, but it is important and I hope that the Minister will consider it. The president of the family division, Sir James Munby, recently said that too many children are being taken into care for wholly inadequate and poorly argued reasons. Again, from my experience, I tend to agree with him. Although it is inevitable that some children must be taken into care, there are too many such cases, and there seems to be an almost unseemly haste to take young babies away from their families—many people are waiting to adopt little babies, as opposed to toddlers or young children. Perhaps we should consider what assistance, advice and guidance can be provided to new mothers so that they can look after their children themselves, as opposed to social services getting involved and taking the children.

Child safety and protection are obviously paramount, and we heard about famous cases such as that of Baby P and other children. However, from my practical experience, and that of others who have spoken to me, I know that there are occasions when local authorities, social workers and other people do not make enough effort to work with families. Perhaps that is because it is more time consuming or resource intensive, but we should think about that because far too many children who go into care go into foster homes, and not many are being adopted, as they should be. Some children who go into foster care are with one family for one year, another family for two years, then another for one more year, which causes them a lot of instability. A lot of those children are affected by being moved around, so I urge local authorities—I know they are facing massive funding cuts—and the Ministry of Justice to consider incentivising social services in local authorities to work with families so that we can keep as many children as possible within the home, as opposed to shunting them around the care system.

There is some anecdotal evidence—I hope the Minister will consider this—that BME communities and working-class families have a higher incidence of children being taken away than the rest of the population. It is almost as if sometimes they are being judged on what an ideal, upper middle-class lifestyle might be like, and perhaps there should be more of a reality check about what happens in ordinary families. I also believe—this happens very infrequently—that judges should take it upon themselves to talk to children involved in these proceedings to get more information about what they feel about the reality of family life. That does not happen enough. CAFCASS officers, social services and other people should hold many more discussions with children about how they see the situation and what their experiences are.

The hon. Member for Fareham did not allude to the big elephant in the room—legal aid—although my hon. Friend the Member for Wrexham (Ian C. Lucas) did mention it. There has been a real cut in civil legal aid, especially in family courts, because the Legal Aid, Sentencing and Punishment of Offenders Act 2012 abolished free early legal advice. Often lawyers were able to encourage clients to seek mediation and agree to arrangements, but that is not happening now because so many people are unrepresented. More people are now coming into the court system and clogging up court structures, and often district judges and legal advisers have to draft complex care orders, which is having an effect on the backlog of cases in court. It also means that unrepresented individuals often do not know the procedures and it takes much longer, so again, a backlog is forming in the courts.

When I sat on the Justice Committee in 2012, the fears about LASPO were raised, and it has been confirmed that, although there have been austerity cuts, in reality, no savings have been made because court time has increased, and dealing with those cases takes much longer.

[Ian C. Lucas]

My hon. Friend makes a strong point, and I have heard court staff say that courts are under increasing pressure. It is not really the role of judges to advise the parties; the judge is there to determine the case, but they are being placed in the difficult position of having to supplement that by advising the parties they are judging.

[Yasmin Qureshi]

That is absolutely right. The judge’s job is to adjudicate, but now legal advisers and judges have to take a proactive role in the legal processes. That causes a lot of difficulties for them, and it is clogging up a lot of court time. Cases are taking much longer to progress through the court than they would if we had a system in which people are represented, so many of the issues could be cut down and a debate held on the main features or issues of that case.

We were told that victims of domestic and child abuse would have access to free legal aid, but in reality that is not happening in the majority of cases because of the number of bureaucratic rules that people have to satisfy to apply for funding. One in four women suffer from domestic violence, and every week two women are killed by their current or former partners. One of the most distressing aspects is that victims of domestic violence can be cross-examined by their abusers. I cannot imagine how bad a situation that would be.

The Legal Aid Agency’s failure to apply exceptional case funding has caused major hardship. Many parents with significant learning disabilities cannot get legal aid and are therefore unable to protect their interests as well as those of their children. Will the Government consider the Bach Commission report and whether exceptional case funding could be established to help people who suffer from domestic violence? The Government suggested that 847 children and 4,888 young adults would be granted exceptional case funding, but between October 2013 and June 2015 only eight children and 28 young adults were granted legal aid. That is unacceptable, and I look forward to the Minister telling the House what action the Ministry of Justice will take to deal with that issue.

We must also address the ability of the Child Maintenance Service and the Child Support Agency to work efficiently and quickly to ensure fairness for all involved. In many instances child support arrangements are not working well, which causes difficulties for the parent who has responsibility for looking after the children. What action will the Minister’s Department take to ensure that those orders are working?

In conclusion, this has been a good debate and hon. Members have shared their experiences. I particularly thank the hon. Members for Berwickshire, Roxburgh and Selkirk (John Lamont) and for Lanark and Hamilton East (Angela Crawley), who have given us a bird’s eye view of Scottish law, and all hon. Members who spoke about cohabiting families and legal aid. I hope that the Minister will address some of our concerns.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I begin by passing on the sincere apologies of the Minister of State for his absence. He is attending to urgent parliamentary business to do with the European Union (Withdrawal) Bill.

I congratulate my hon. Friend the Member for Fareham (Suella Fernandes) on securing the debate, and I thank her for that. She has professional experience from before she joined the House and is already developing a fantastic reputation for work in this area. I recognise the strength of feeling on the subject of family justice and the importance that hon. Members from all parties attach to the issues involved, and I am therefore grateful for the opportunity to discuss them.

The family justice system is responsible for making decisions that change lives. The issues at stake are sensitive and complex, and the decisions of the court can have far-reaching implications for those involved. We need to ensure the system is delivering the best outcomes for children and families, with emphasis on protecting the vulnerable. As my hon. Friend said, strong families create strong citizens.

The welfare of the child is the paramount consideration for the court when making a decision that will affect a child’s life. I for one am proud of the child-centred approach that our family justice system takes. As my hon. Friend recognised, there has been significant recent progress in that area.

To address my hon. Friend’s comments about the importance of fathers in the upbringing of their children, following a change to the law in 2014, the court must now presume that a parent’s involvement in the child’s life will further the child’s welfare, unless the contrary can be shown. That change was intended to strengthen children’s rights to each parent’s involvement in their life.

Orders limiting such involvement to indirect contact—my hon. Friend mentioned a case in which only a Christmas card was permitted—are usually reserved for cases where face-to-face contact is deemed unsafe. Such orders are relatively rare and the court will not take the decision lightly.

Where parents are in dispute and seek a court decision, the court must decide what form of parental involvement will best meet the child’s welfare needs. The quality of parenting, rather than any particular pattern of it, is the most important thing for a child. Parliament stopped short of introducing a presumption of shared parenting because every family is different and every child’s needs are different—the law provides for the maximum flexibility.

Courts apply the presumption of parental involvement in a child’s life unless there is risk of harm to the child or the other parent. Given the prevalence of domestic abuse, however, the court must consider carefully any evidence of a risk of harm to the child or other parent when deciding child arrangements. The president of the family division, the country’s most senior family judge, only last month issued a revised practice direction setting out the practice and procedure to be followed by courts dealing with child arrangements cases where domestic abuse is alleged. That makes it clear that the court should have full regard to the harm caused by domestic abuse, including the harm that can be caused to children from witnessing such abuse. The Government welcome the development, and I am sure the House appreciates that the aim is always to produce the best outcome for the child.

My hon. Friend the Member for Fareham went on to argue that child arrangements orders must be enforced more robustly. When such an order is breached, a pragmatic response is often to vary the order to make it work for the child. Punitive enforcement can increase hostility and make the child feel responsible. In 2012, a Government consultation concluded that measures designed to punish parents were unlikely in many cases to be appropriate or to encourage them to be co-operative in future. In 2014 changes were made to return enforcement cases to court sooner and to improve judicial continuity.

When a child arrangements order is breached without reasonable excuse, sanctions are available. A parent who breaches an order can be ordered to pay financial compensation, ordered to carry out unpaid work, fined or even imprisoned. The reasons for breach are varied. In a 2012 sample study, only 4% of the breaches could be characterised as resulting from resident parents being implacably opposed to contact. I understand my hon. Friend’s concerns about the low number of successful enforcement order applications but that reflects a more complex picture, including sometimes technical breaches. How a breach is addressed will depend on the individual circumstances of the case, and the focus of the court will be on making the order work for the benefit of the child.

My hon. Friend also argued for no-fault divorce. Only last month the Nuffield Foundation published a research report on that, led by Professor Liz Trinder. We are aware of the strength of feeling on the issue. It is important to note, however, that the existing law already allows people to divorce without needing to cite fault, as I am sure the House appreciates. Parliament has determined that the law should provide for divorce only if the marriage has irretrievably broken down. One way of demonstrating that is to cite a period of separation. Some are concerned that the periods required are too long, but many things need to be balanced when considering whether reform is necessary. We will study the evidence for change, but will not rush to a conclusion.

In response to my hon. Friend’s concerns about the law on financial orders in divorce, I point out that the law is gender-neutral and gives the court wide discretion to make financial orders based on individual circumstances. The court’s primary concern is always the needs of any children. We have no plans to change that key principle of fairness.

My hon. Friend asked whether the process would be improved if couples could make nuptial agreements that they were confident could be enforced if the marriage ended. She called for a commission to look into that. The Law Commission has already published proposals on the issue, and the Government will consider those and make their position known in due course.

Marriage is of course only one part of the picture. Many people now live together without being married or in a civil partnership. Some people, including the Law Commission, argue that the law should give cohabitants rights in finances, but others disagree. I can give no indication as to how those differences will be resolved, but the Government will in due course consider how to respond to the commission’s proposals.

[Ian C. Lucas]

Who disagrees with the approach to changing the law on no-fault divorce?

[Dr Lee]

I thank the hon. Gentleman for his intervention, but I do not know the answer to his question. I will ask my officials to reply to him in writing.

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[Suella Fernandes]

I have nothing but gratitude for all hon. Members who have contributed to this very constructive and wide-ranging debate from all parts of the country. Only Wales was not really represented.

[Ian C. Lucas]

Yes it was.

[Suella Fernandes]

Yes—my apologies. That reflects the widespread support for the subject of the debate. I am grateful for the response from the Minister and I am hopeful that we will continue the work to ensure that we get justice for families, strengthen child wellbeing and provide the context for equitable resolution in this difficult area.

Question put and agreed to.

Resolved,

That this House has considered family justice reform

European Union (Withdrawal) Bill

Ian C. Lucas Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Paul Blomfield]

The hon. Gentleman makes a fair point, and I will now make some progress.

I was at the point of talking about why closing down the opportunity for effective transitional arrangements would be deeply self-harming. As the director general of the CBI, Carolyn Fairbairn, said just last week,

“The message from us, from business, is more certainty quickly particularly around transition, particularly in the next four weeks”.

The Government amendments undermine the prospect of a transitional deal and create more uncertainty. The CBI, the British Chambers of Commerce, the EEF, the Institute of Directors and the Federation of Small Businesses came together to call for a transitional deal, saying:

“We need agreement of transitional arrangements as soon as possible, as without urgent agreement many companies have serious decisions about investment and contingency plans to take at the start of 2018”.

They continued:

“Failure to agree a transition period of at least two years could have wide-reaching and damaging consequences for investment and trade”.

It will also mean lorries backing up at Dover, because the adjustments necessary to avoid that cannot be physically put in place within 15 months, as I am sure everyone would agree. For the same reason, it will mean a hard border in Northern Ireland, with all the problems that that would create.

The Government’s approach is simply not in the national interest, and it closes down the flexibility that we might need. If negotiations go to the wire, both we and the EU 27 might recognise the need for an extra week, an extra day, an extra hour, an extra minute or even an extra second, as the right hon. and learned Member for Rushcliffe (Mr Clarke) pointed out, in order to secure a final deal. But that agreement would be thwarted by the Government’s having made it unlawful for themselves to do what they would want to do at that point.

The Prime Minister has consistently talked about parties working together in the national interest, and we are up for that—we have tried to be constructive; we have scrutinised and identified gaps; we have offered solutions; and on this crucial issue we seem to be in the same place as at least some members of the Government on the need for an effective transitional period. So let me make an offer to the Government. If they withdraw amendments 381, 382 and 383, and work with us on an alternative that affirms a departure date in line with the article 50 process but without destroying the chances of transitional arrangements, we are happy to look at that and work with them on it. If they do not—

[Ian C. Lucas (Wrexham) (Lab)]

Does my hon. Friend agree that the real way in which the Prime Minister could reach out is by making it clear that she accepts the jurisdiction of the ECJ for the implementation period? That would resolve a lot of her problems.

Oral Answers to Questions

Ian C. Lucas Excerpts

Tuesday 25th April 2017 Commons Chamber

[Sir Oliver Heald]

I would never take the electorate for granted, but if I am here, I will meet my hon. Friend.

[Ian C. Lucas (Wrexham) (Lab)]

2. If she will review the effectiveness of legislation relating to novel psychoactive substances.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

This is a matter for the Home Office. The Psychoactive Substances Act 2016 requires the legislation to be reviewed within 30 months, so the review of that Act will happen in late 2018.

[Ian C. Lucas]

Wrexham, like many other towns up and down the country, is being blighted by the impact of so-called Spice. I received a letter this month from the Home Office that directly contradicts a letter from the Minister on the question of whether the possession of Spice is an offence. The confusion is causing real enforcement problems for police officers, who have already had their numbers cut by this Government. Will the Minister take this matter more seriously and act urgently to confront this really serious problem?

[Mr Gyimah]

I agree with the hon. Gentleman that it is a serious problem and, as I have said before, it is also a problem in our prisons. Possession of Spice in a custodial setting is an offence and is subject to imprisonment. If the hon. Gentleman could forward me his letter from the Home Office, I will look into this in more detail and get back to him.

Prisons and Courts Bill

Ian C. Lucas Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely correct on that point. Those children often feel as though they have done something wrong, and it is absolutely wrong for them to feel as though they are being punished for a crime that their parent has committed. I am determined that we will do what we can to protect innovative schemes such as Storybook Dads, which help to keep the link between children and their fathers and mothers while those individuals are in prison.

Finally, we need to maintain a safe and secure prison environment. Prisons need to feel safe for staff and prisoners. That means that as well as tackling violent incidents and creating the right kind of culture and atmosphere, we need to provide support to vulnerable prisoners. We also need to make sure that we have sufficient levels of staffing to provide that safety and security.

The Bill makes it clear how I, as the Secretary of State, will account to Parliament for progress in reforming offenders. This is the first time that legislation will make it clear that the Secretary of State is responsible for reforming offenders, and the Secretary of State—that is, me—will have to report to Parliament about what they do. That is a very important change in the culture of our prisons: for the first time, there will be accountability at Cabinet level not just for prisons being safe, which is of course important, and for providing enough prison places, but for turning around and reforming the lives of individuals under the care of the state, and ensuring that they leave prison with better prospects and more likely to lead a law-abiding life.

[Ian C. Lucas (Wrexham) (Lab)]

I have listened closely to this debate, which has largely been extremely consensual. The Lord Chancellor knows about HM Prison Berwyn in the Wrexham constituency—we have already discussed it—and that a great deal of common hope is invested in that institution. In Wrexham, we are hugely impressed by its staff, under the leadership of Russ Trent. To pick up on the point she is making, will she report back regularly on the progress at that prison? Many of the aspects of the philosophy we are talking about are being carried out there in practice, and it will be extremely important to measure that as time passes.

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[Elizabeth Truss]

I am in principle in favour of using alternative venues, other than courts, which can be conducive to people giving the best possible evidence in a less intimidating environment. I would have to discuss that with the senior judiciary—we are working closely with them on this issue—but I am certainly in favour of using places such as sexual assault referral centres to make sure that we give the best possible support to victims and witnesses at a very difficult time for them.

The measures set out in the Bill will further enhance our ability to protect vulnerable witnesses and modernise the courts and tribunal system. Our changes to the system should be reflected in better legal support, but are focused on early help and representation. That is why we are bringing forward a legal support Green Paper in early 2018, setting out proposals to update the system of legal support in a modern court system. Put simply, what we want is less time spent navigating the system and more legal time spent on giving people legal advice and legal representation.

Parts 2 and 3 will take forward measures relating to procedures in civil, family and criminal matters, and the organisation and functions of courts and tribunals. I shall talk through each in turn.

[Ian C. Lucas]

One area that I am concerned about is representation in court in matrimonial proceedings, which can be some of the most difficult, emotional and contentious cases in our courts, yet very little legal representation is publicly funded. Is the Lord Chancellor content with the current situation, and which areas does she think need the most attention?

[Elizabeth Truss]

If the hon. Gentleman is asking me whether I am content with the current situation, no, I am not. We need to reform the family justice system. We need to help people to get an earlier resolution of their issues. We need to get better at helping families, and I am a big fan of the family, drugs and alcohol courts and the work that they do in supporting parents. That is why the Minister for Courts and Justice and I will bring forward a Green Paper on family justice that will look at the system in a holistic way to see how we can do things better within the family justice system. There are certainly areas where improvement needs to be made.

Banning the ability of alleged abusers to be able to cross-examine their victims in court is an important step. This was done in the Crown courts in the 1990s, and we are only now catching up with it in the family courts. It is very important to give family courts the priority in the system that they deserve, so that we can deal with these difficult issues in people’s lives as sensitively as possible.

This Bill will also make sure that victims and witnesses in the criminal courts receive the support they deserve. It will extend the use of video links from virtual hearings, which will have multiple benefits. First, it will allow victims to be eligible to take part in cases without having to meet their alleged attacker face to face. In future, about 180,000 victims and witnesses a year will be eligible to give evidence remotely from a convenient location or in advance of a hearing. The Bill will enable more bail hearings to take place through video link and away from the courtroom, saving time and money. It will increase the efficiency and effectiveness of the overall process by allowing a number of decisions to be made outside the traditional courtroom, and it will save people time spent in travelling to court: it will save about 112,000 journeys from prisons to courts each year.

Oral Answers to Questions

Ian C. Lucas Excerpts

Tuesday 7th March 2017 Commons Chamber

[Sir Oliver Heald]

Yes, I agree entirely with my right hon. Friend. This is an important area. We are committed to upholding open justice, and local reporting of court proceedings is a key part of that. Under our reforms, we will publish lists of forthcoming criminal cases and their outcomes. We will also allow access to virtual hearings via video screens in local courts, so that reporters can see those proceedings anywhere in the country. We hope that that will make a contribution to the important principle that my right hon. Friend highlights

[Ian C. Lucas (Wrexham) (Lab)]

Does the Minister support the BBC’s proposals to work with local newspapers and local websites such as the excellent Wrexham.com to improve the coverage of court proceedings and local coverage generally?

[Sir Oliver Heald]

In fact, my right hon. Friend the Member for Maldon (Mr Whittingdale) was the initiator of that scheme, which we do support.

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[The Minister for Courts and Justice (Sir Oliver Heald)]

May I pay tribute to the work that my hon. Friend has done on the Transport Committee to highlight this important issue? We hope that every motorist will see a benefit of £40. We are certainly pressing hard on the issue.

[Ian C. Lucas (Wrexham) (Lab)]

T7. Police and voluntary services are being overwhelmed on the streets of Wrexham by incidents of the use of psychoactive substances. Will the Lord Chancellor please ask Her Majesty’s prison Berwyn to share its specialist knowledge of the subject with agencies in Wrexham?

[Elizabeth Truss]

I thank the hon. Gentleman for his question. We have expertise in dealing with psychoactive substances. We have rolled out tests across the prison estate, and we are working on prisoner education to deter people from that type of drug abuse. I am very happy to facilitate a meeting with the Prison Service and the hon. Gentleman, so that we can make progress together.

Access to Justice

Ian C. Lucas Excerpts

Wednesday 11th January 2017 Westminster Hall

[Rob Marris]

Indeed—that is, when they can get to a court, because there are plans to close 86 courts and tribunal centres and to cut Ministry of Justice staff by between 5,000 and 6,000. That has led to the courts getting clogged up with litigants in person who cannot afford to pay for legal representation. Judges, quite properly, try to assist litigants in person and to be flexible, so cases take longer. The Government end up with a false saving, because we spend more on the remaining courts to deal with litigants in person, and we have a worse justice system with less access to justice.

[Ian C. Lucas (Wrexham) (Lab)]

Is that not particularly acute in family law cases, and difficult cases relating to children and finance, when litigants in person appear before district judges, who have problems resolving the cases?

[Rob Marris]

My hon. Friend is entirely right and anticipates what I am going to say. There is, as he will know as a distinguished lawyer, an exceptional case fund, which was established to help people such as survivors of domestic violence to get free legal assistance. The Independent, which admittedly is a newspaper and not the Ministry of Justice, reported in 2015 that from April to December 2013 there were 617 applications to the exceptional case fund—that will be for all of England and Wales—and eight were successful. In the three-month period from April to June 2015, five out of 125 applications were successful. The people applying are some of the most disadvantaged in society and face some of the most grievous personal circumstances.

HMP Birmingham

Ian C. Lucas Excerpts

Monday 19th December 2016 Commons Chamber

[Mr Speaker]

Before he beetles off to some other no doubt important commitment, let us hear the fellow from Wrexham.

[Ian C. Lucas (Wrexham) (Lab)]

I am very grateful, Mr Speaker. You are most accommodating.

The Secretary of State has already mentioned HM Prison Berwyn in Wrexham, which will open in February next year and will be the largest prison in western Europe. In due course, 2,000 men will reside there. Will she meet me so that I can discuss with her the arrangements for the opening, to allay some of the concerns of my constituents, which, as she can imagine on a day like today, have risen somewhat?

[Elizabeth Truss]

I should be very pleased to meet the hon. Gentleman.

Prison Officers Association: Protest Action

Ian C. Lucas Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right. As well as recruiting new staff and retaining our highly valued existing staff, we also need officers to be able to operate in modern, fit-for-purpose buildings, such as the one that we are putting in place in Wellingborough. I would be delighted to update him shortly on the plans for that.

[Ian C. Lucas (Wrexham) (Lab)]

Is the Secretary of State aware of the level of demoralisation that exists right across the criminal justice system in members of staff such as prison officers? In my respectful view, her tone today has been entirely misplaced and ill-judged. Given the current crisis that pervades our criminal justice system, is it not about time that she changed her approach and began talking to the people who have served that system for many, many years and stopped taking unilateral action against them and their terms and conditions at work?

[Elizabeth Truss]

I have had many discussions with prison officers across the prison estate, and I agree that there are issues with safety, which I am seeking to address. I want the job of prison officer to be highly respected, as it is a very important role in our society. What I am saying today is that we have been having discussions with the Prison Officers Association, and that it has failed to respond to the offer that has been put on the table and, instead, called unlawful industrial action. It is very, very poor indeed that the Opposition refuse to condemn unlawful industrial action, because that is what we are talking about.

Prisons and Probation

Ian C. Lucas Excerpts

Wednesday 27th January 2016 Commons Chamber

[Liz Saville Roberts]

I will return to that.

There is nowhere in Wales for women prisoners to go. Young offenders from the north must also be housed in England, as there is no facility in the north of Wales. What we do have is a plan from the UK Government to build a so-called super-prison in the north, but it is not being built to serve the needs of Wales. It is a priority for an England-centred justice system—a monolithic pack-them-in-and-pile-them-high type of prison to house offenders from all over the north-west of England. There will be around 700 prisoners from Wales, but double that number will be transported in. Its raison d’être is to meet the needs of north-west England, not those of north Wales. This is about overcrowding in English prisons. The prison happens to be in Wales as a matter of convenience, rather than being for Wales as a matter of strategic design.

This is not just nation-building from Plaid Cymru. This is about ensuring that young people can be housed in their own country, and that women do not have to cross the border into England, far away from the stability of their families and loved ones, as they will surely have to do if we do not have a women’s prison in our own country. Has there been a cold evaluation of the wider cost to Wales, especially to the Betsi Cadwaladr University Health Board, which will carry the cost of providing healthcare to 2,100 prisoners? If healthcare at HMP Cardiff costs £2.24 million, has any estimate been made of the Wrexham care costs, as that prison is set to house two and a half times more prisoners? How much additional money will be made available to the health board by the UK Government via the Welsh Government? What are the wider costs of housing released prisoners, especially those deemed vulnerable and thus with priority housing status, and what indeed of the additional policing costs?

[Ian C. Lucas (Wrexham) (Lab)]

I represent the constituency in which Wrexham prison is being built. Does the hon. Lady not welcome the fact that there will be a prison in north Wales for the first time? I am as conscious as she is of the pressure on resources. I know that it is vital, and I will hold the Minister’s feet to the fire on the matter of resources for health and for other services for my constituents.

[Liz Saville Roberts]

I welcome the presence of a prison, but the size of this prison is over and above the needs of Wales, and it will bring with it many social problems as well as the costs that I have outlined.

We know that the demand for prison places in the north of Wales is around 700, not more than 2,000. If we are to have a new prison, it would surely make more sense to have a conventional prison that responds to the needs of north Wales, with places for 700 prisoners and separate wings for women and young offenders.

Provision for women who commit crimes in Wales needs to be overhauled to become fit for the 21st century. I support the campaign of the former MP for Swansea East, Siân James, to seek restorative methods that recognise that women’s criminal behaviour has often different motivations to that of men. Too often these women are the victims of the toxic trio of domestic abuse, mental health problems and substance misuse. Female criminals need different solutions to break the patterns of criminal behaviour.

Society needs not just a roll-call of ever-increasing prisoner numbers, but results. We need a justice system that reforms criminals, not one that merely holds them in captivity and out of sight.

The probation system in Wales is facing extreme pressure at present. The probation service was underfunded and did not have the resources that it needed, and yet it showed itself to be far more effective than short-term prison sentences in rehabilitating offenders. The service has met almost all the targets it has been set in recent years and was even awarded a British quality gold award for excellence, and yet, even though it was not broken, we have seen the changes that it has suffered. It did not need fixing. There was no need for privatisation. It was an ideological choice by the Tories, who have scant interest in results, value for money or public safety. Their interest lies in lining private sector pockets.

We firmly believe that the Welsh Government are in the best place to make decisions for the justice system in Wales. Plaid Cymru is not alone in calling for the devolution of justice. There has been an almost unanimous call from legal experts, who have been giving evidence to the Welsh Affairs Committee during the pre-legislative procedures of the draft Wales Bill, that a distinct legal jurisdiction in Wales should be established, which would, in turn, pave the way for the devolution of justice, including policing, prisons and probation.

I reiterate that Plaid Cymru opposes entirely the building of a super-prison but, in the interests of improving access to justice in Wales, if it is to go ahead, the recommendations and the adaptations that have been suggested, particularly to provide separate wings for women and young people, must be considered.

Access to Justice: Wales

Ian C. Lucas Excerpts

Tuesday 15th December 2015 Westminster Hall

[Carolyn Harris]

It certainly does. I agree with my hon. Friend, and I will come on to discuss that further. When we put a price on justice, those with the means to pay sky-high legal fees will be fine, but people who are in debt, women experiencing domestic violence and parents seeking custody of their children will not be. Ten law centres have already closed in England and Wales, and many more are unable to cope. We are talking not about legal aid lawyers supposedly raking in millions of pounds in fees, but about centres, staffed by volunteers, that can no longer offer fundamental support to those who need it most. Solicitors’ firms in my constituency have told me of the obstacles facing their clients:

“The evidential requirements are stringent. There are occasionally cost implications for clients in seeking evidence to support their application for public funding which is difficult for them if they are on benefits.”

They say that

“everything the Legal Aid Agency is doing is making it harder for both clients and lawyers to get legal aid.”

The cuts have removed legal aid from nearly all family law cases and led to a sharp increase in the number of litigants in person. In the first quarter of this year, 76% of private family cases involved at least one party who was not represented. The Personal Support Unit, which has an office at Cardiff Crown court and which offers advice to litigants in person, has seen the number of people accessing its services more than double from 20,000 in 2013-14 to an estimated 50,000 this year. The idea that someone who has had their children taken away from them and who may be fighting allegations of domestic abuse is able to defend himself or herself as well as a lawyer could is ridiculous, but that is the reality of the two-nation justice system.

[Ian C. Lucas (Wrexham) (Lab)]

I am grateful to my hon. Friend for raising the important subject of litigants in person. I have spoken to court staff and judges who are deeply concerned about the impossible position that they are placed in when they have to make a decision on cases involving, but at the same time end up giving advice to, litigants in person who are desperately unable to cope with the complexities of the legal system in which they have to operate.

[Carolyn Harris]

My hon. Friend refers to the reality that the two-nation justice system has created. Cuts to legal aid are having a significant impact on advice services for those experiencing housing, debt and welfare problems. A report commissioned by the Welsh Government shortly after the first changes were introduced found that cuts had “severely affected advice services” and resulted in

“specialist welfare benefits advice being significantly reduced by Legal Aid funding.”

The Welsh Government have done what they can to mitigate those cuts, investing an extra £1 million a year to support front-line advice services, in addition to the top-up of £2.2 million a year to Citizens Advice Cymru to help it to provide a specialist advice service for those who need it. The reality is that thousands of people in need of support will still lose out because of the Ministry of Justice cuts. In Wales, the number of free, face-to-face welfare law advice sessions provided by the not-for-profit sector is estimated to have fallen from nearly 20,000 to barely 3,000 in just one year.

Last month, in the Chancellor’s autumn statement, the Government snuck in an increase in the small claims court limit, which means that the majority of people injured in road accidents, regardless of how severely they were injured, will lose their access to legal representation. Whether for people injured in accidents, families facing debt proceedings or those of limited means who want legal advice before a court hearing, the Government’s changes have had a profound effect on access to justice in Wales.

Few people are more in need of support than women who are experiencing domestic abuse. I am talking about women who have suffered years and years of physical and sexual violence, who turn to the family court to seek help for themselves and their children. Women who may need legal aid to divorce an abusive partner, or even to apply for a child arrangements order to protect their child from an abuser, now have to convince the Government that they have been abused before they can get any help. Worse, the narrow set of criteria proposed by the Government means that many women are unable to prove that they have been abused.

Charities such as Women’s Aid expressed serious concerns about the evidence criteria before the law was changed. Women’s Aid now says that 54% of women who access services as survivors of domestic violence would not meet the evidence criteria initially proposed. The cuts were railroaded through, however, and in one year the same charities found that 43% of women who had experienced domestic violence did not have the prescribed forms of evidence required to access family law legal aid. The Government have let those women down and, more importantly, let their children down.

In the light of that, it came as no surprise when the Justice Committee concluded last year that the reforms had failed three of the Government’s four tests. The reforms have not discouraged unnecessary litigation or targeted help at those who need it the most. On the Government’s claim that the changes were necessary to cut costs, the Committee said that the Ministry of Justice

“has failed to prove that it has delivered better overall value for money for the taxpayer because it has no idea at all of the knock-on costs of the legal aid changes to the public purse”.

The changes have not delivered value for money. Instead, they have forced vulnerable people to represent themselves in court and taken vital support away from abuse survivors.

The Government are charging ahead with changes to criminal legal aid, and we will face the same problems. From next year, the number of contracts issued to solicitors’ firms for criminal legal aid will fall from 1,600 to just over 500. Solicitors’ firms in parts of Wales, especially in rural areas, have warned that there simply will not be enough firms left to do all the work.