Oral Answers to Questions

Mike Freer Excerpts

Tuesday 26th March 2024 Commons Chamber

[Dr Luke Evans (Bosworth) (Con)]

2. What assessment he has made of the adequacy of legislation on cremation.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The law on cremation has been updated when needed. For example, the 2008 cremation regulations are currently being amended as part of the ongoing death certification reform. However, the primary legislation on cremation dates back to 1902, and in the light of developments since then, I believe that a more comprehensive review is needed. That is why the Law Commission has agreed to consider the law governing cremation as part of its project on burial, cremation and new funerary methods. That project has commenced, and we await its findings with interest.

[Dr Evans]

I am grateful for the Minister’s answer. Obviously, given what is going on in Hull, there are great concerns. I know that the Minister cannot speak directly about that issue because of the investigation, but there is no formal regulation of funeral directors on these issues. Joseph Barsby, the managing director at G. Seller—a much-loved local funeral director that is at the forefront of funeral facilities in Hinckley—is very concerned, because G. Seller wants to lead, not be tarnished by being sucked into problems in the industry. Will the Minister meet with Joseph to discuss ways in which we can improve the system? Failing that, will there be a way for funeral directors to feed in information and ideas on how to improve the system?

[Mike Freer]

My hon. Friend makes a very good point. The Department has already started work on a call for evidence on where we go with the regulation of the funeral director sector; that will be issued shortly. I am more than happy to ensure that the views of any funeral director are fed in, and, of course, to meet with the firm in his constituency.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I thank the Minister for the productive and supportive way that he has engaged with me on the appalling situation with Legacy funeral directors in Hull. I am utterly committed to regulating this industry and never again allowing that appalling, heartbreaking situation to be repeated. I have heard the Minister’s response to the hon. Member for Bosworth (Dr Evans), but could he speak a little bit more about timeframes? Does he agree that in the interval before statutory regulation comes in, we should encourage all funeral directors to subject themselves to voluntary regulation by one of the trade bodies, and to do everything they can to reassure the public that not all funeral directors are in a situation like the appalling situation that we have had in my constituency?

[Mike Freer]

If I may return the compliment, the hon. Lady has handled this appalling incident in her constituency with a great deal of skill. I am committed to working with her and the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North Dorset (Simon Hoare), who is leading on some of the initial responses, alongside the local authority. The call for evidence on where we go on regulation will commence in the next few months; the decision, of course, will have to wait for the public consultation. This afternoon, I am meeting the two major trade bodies to discuss how they can assist with voluntary inspections, to ensure that after this terrible incident—what has been happening is quite horrific—which nobody thought could occur, we get this right, so that people have confidence in the vast majority of funeral directors, who are entirely respectable and treat the deceased with the respect and care that we would expect.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

3. What steps he is taking to reduce reoffending.

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[Fabian Hamilton (Leeds North East) (Lab)]

4. What steps he is taking to prevent the potential abuse of lasting power of attorney agreements.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

When an LPA application is submitted, there is a statutory four-week waiting period before the LPA can be registered, during which objections can be lodged. As for registered LPAs, any concerns about an attorney abusing one can be reported to the Office of the Public Guardian, which will investigate. As part of the modernisation of LPAs following the passage of the Powers of Attorney Act 2023, new identity verification processes will be introduced to further strengthen the system.

[Fabian Hamilton]

More than 6 million people in Britain have lasting power of attorney agreements. I have been inundated recently with so many harrowing stories from across the country of abusers targeting elderly people and stealing their estate from under their nose. Will the Minister ensure that a proper medical assessment is carried out before an LPA is activated, and that the digitisation of LPAs does not lead to families losing their loved one’s estate to unscrupulous abusers?

[Mike Freer]

The hon. Gentleman makes a good point, and I am more than happy to take that away and write to him about the steps we take to ensure that that level of check is in place. I reassure the House that people can check the “use a lasting power of attorney” service on gov.uk to see where LPAs have been issued, and whether one has been issued without their knowledge.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

5. What steps he is taking to reduce violence in the secure youth estate.

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[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

Delays in decision making during care proceedings can have a significant impact on children, and we recognise that there is more to do to address that challenge. That is why last year the Government published their response to the independent review of children’s social care, setting out a programme of action to achieve better outcomes. The Department for Education is investing an extra £10 million on new initiatives to address the longest delays and meet the statutory requirement to resolve proceedings within 26 weeks.

[Tonia Antoniazzi]

Data from Cafcass shows that children who have been removed from their parents by the state have to wait an average of 46 weeks to get a final decision on where they will live. That is heartbreaking. What assessment has the Minister made of the impact of extended family proceedings on the mental health of the children involved and their ability to access support and child and adolescent mental health services?

[Mike Freer]

The hon. Lady raises a very serious point. The impact on the child and the wider family is appreciated. We have invested in capacity, with more money for Cafcass, judges and recorders, and more sitting days to ensure that we increase capacity so that hearings can be heard effectively. We are also focusing on the public law outline, which sets a maximum number of hearings and the time limits, to ensure that proceedings are heard on time. If the hon. Lady wishes to raise any specific cases, I will be happy to meet her to get to the bottom of any specific problems.

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

Despite the response given to my hon. Friend the Member for Gower (Tonia Antoniazzi), the Government are still a long way from solving the crisis in the family courts. We have heard of the 46-week average, but in 13 of the 42 designated family judge areas in England and Wales, the wait is double the statutory target of 26 weeks. Then, there are the 80,000 private family law cases that can take 45 weeks to be resolved, and the number of new cases is increasing faster than disposals. Do the Government have any concern or compassion for some of the most vulnerable children in the country who are being let down? I invite the Minister to try again and assure the House that the crisis will not get even worse.

[Mike Freer]

If there is a lever that I have not pulled, I invite the shadow Minister to let me know what it is, and I will address it. This Government are spending more money on attracting more judges and recorders, maximising sitting days and investing in the public law outline and, on the flip side of public family law, on private family law as well as mediation. We are investing an extra £55 million, as announced in the Budget, to address productivity and the backlogs. Every single lever that will increase capacity and productivity is being pulled, but I am more than happy for the hon. Member to share any insight with me, and I am sure that we can work on a better solution.

[Stephanie Peacock (Barnsley East) (Lab)]

9. What steps his Department is taking to reduce the backlog in the Crown court.

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[Chris Law (Dundee West) (SNP)]

12. What assessment his Department has made of the adequacy of legal aid for immigration cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The Legal Aid Agency monitors the provision of immigration legal aid and takes whatever actions are operationally available to it to ensure a supply of providers.

[Chris Law]

I was hoping for an answer but did not get one, so let me try this. While we all desperately want to see the Tories’ asylum backlog cleared, this effort must be well funded and must ensure access to justice. What we have instead is an under-resourced bureaucracy and a push to make rushed asylum decisions, combined with severe difficulty in accessing immigration legal aid, and as a result thousands of asylum seekers have effectively been denied the right to legal representation. Why do the UK Government stand alone in not recognising the enormous crisis in immigration legal aid?

[Mike Freer]

In fact, the Government spent £44 million on immigration legal aid in 2022-23. We have increased the hourly rate for those undertaking this kind of work, and we are looking at remote access and payment for travelling. All those steps we have taken to raise the level of funding in this important area. I have to say, however, that I think it takes a particular bit of brass neck for the SNP to lecture us on the funding of legal aid. I refer the hon. Gentleman to Scottishlegal.com, which has commented on how the SNP has decimated legal aid in Scotland.

[Mr Speaker]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

Perhaps the Minister can answer this question. The Bar Council has repeatedly highlighted the fact that asylum claimants who have otherwise meritorious cases have often gone through multiple appeals due to very poor or no legal representation. That jacks up the costs for the courts, the Home Office and local authorities, all the while trapping vulnerable people in an agonising limbo. If the Government will not address the crisis in immigration legal aid because it is the right thing to do, will they at least do so because it is the financially sound thing to do?

[Mike Freer]

As I have said, we are already increasing the fees for those who take on legal aid work in connection with the Illegal Migration Act 2023. That is a 15% increase on the increase that we have already seen. On top of that, we are rolling out remote access to the duty advice scheme and introducing payment for travel. Those are major steps towards ensuring the availability of legal aid. I therefore do not accept the hon. Gentleman’s description of the position. If he wants to start swapping comments from the Bar Council, I can quote the Scottish Bar Council’s views on the SNP’s record.

[John Penrose (Weston-super-Mare) (Con)]

14. What recent assessment his Department has made of the impact of outcomes data from the Justice Data Lab on the recommissioning of HM Prison and Probation Service reoffending programmes in the last 12 months.

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[Chris Stephens (Glasgow South West) (SNP)]

The Government’s plans to introduce employment tribunal fees suggest that users should pay towards running costs, implying that only those using the system benefit from it. However, Resolution Foundation research shows that tribunals are heavily relied upon to enforce workers’ rights for all. Does the Justice Secretary not appreciate that any action to deter lower-paid workers from bringing forward cases will be to the detriment of the system as a whole?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

We do not believe that a £55 claim issue fee will be a deterrent. The tribunal system costs the taxpayer £80 million a year, and we do not think it is unreasonable that those who use it should pay a small contribution. To answer the question, we do not think it is a deterrent.

[Kevin Foster (Torbay) (Con)]

T7. The tragic reality is that when intimate partners murder, women are the victims in 90% of cases. What progress have the Government made since the Wade review on ensuring that justice is done in these cases?

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

T2. People want access to justice. The Women’s Budget Group has found that, as a result of the disastrous Legal Aid, Sentencing and Punishment of Offenders Act 2012, 85% of vulnerable women are unable to access civil legal aid and the majority of them are reaching crisis point. Does the Minister think it is right that these women are being left without basic access to justice?

[Mike Freer]

The hon. Lady raises an important point and I would be happy to meet her and take representations on that specific point. I will also discuss it with Lord Bellamy, who, alongside me, deals with civil legal aid.

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[Chris Evans (Islwyn) (Lab/Co-op)]

T4. The number of outstanding cases before Gwent magistrates courts has risen by 21% in the last year alone. However, the number of magistrates is now 20% lower in the whole of south Wales. We have heard today about the great work of the magistrates courts and the fact that magistrates come from all walks of life. What are the Government doing to ensure that hard-to-reach people are offering their services as magistrates, including ethnic minorities and, in particular, younger people?

[Mike Freer]

The hon. Gentleman raises a good point. I lead on diversity in the Department, and a piece of work is already under way on how we can increase the diversity of the magistracy and ensure that we recruit from those hard-to-reach groups. I am more than happy to meet him to swap ideas and discuss how we can continue to change the face of our magistrates.

[Andrew Rosindell (Romford) (Con)]

Does the Secretary of State for Justice agree that in England and across the United Kingdom, the ancient principle of innocent until proven guilty should be upheld and restored, and that the punishment should never be the process?

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[Keir Mather (Selby and Ainsty) (Lab)]

T10. Selby is classed by the Law Society as a legal advice desert for housing, education and family legal aid. What are the Minister’s plans to fix that?

[Mike Freer]

The Legal Aid Agency keeps the location of providers under constant review. We have invested an additional £10 million over the last few months in those specific types of legal aid. If the hon. Gentleman writes to me, I can give him the details of where the spend is going in his local area.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Joshua Rozenberg KC has presented “Law in Action” on Radio 4 over the past 20 years, and it has frequently shed important light on areas of our justice system that need attention. Does the Secretary of State share my disappointment that today’s broadcast will be the programme’s last, because it has not been recommissioned? Will he also pay tribute to Joshua Rozenberg for his work?

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[Sir Chris Bryant (Rhondda) (Lab)]

Do we have enough crematoriums in the UK, given that many families are now having to wait three, four, five or six weeks for a funeral slot? Why is there such a gap between the cheapest crematorium in the country, which charges £408, and the most expensive, in Stevenage, which charged £1,400 last year?

[Mike Freer]

The challenges facing crematoriums, and in fact the whole funeral sector, are being reviewed by the Law Commission. This is about not just crematoriums, but burial space. There are challenges across the whole death management landscape, to use the technical term, which is why the Law Commission is investigating and bringing forward proposals.

[Andy Slaughter (Hammersmith) (Lab)]

The fees for civil legal aid are half what they were in 1996 and the number of providers has fallen by 40% in the past 10 years. If the Minister actually wants to do something about civil legal aid, why has he kicked the civil legal aid review into the long grass?

[Mike Freer]

Legal aid is always under constant review and I will always take advice from those closest to it. That is why I engage with, for example, the Bar Association, the Law Society and the judiciary on what we need to do. As for kicking things into the long grass, all I can say is that I want to get this right and if that takes time, it will take time.

[Mr Speaker]

For the final question, I call Debbie Abrahams.