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Whole Day Download the Hansard Tuesday Volume 698 29 June 2021 No. 25 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 29 June 2021 © Parliamentary Copyright House of Commons 2021 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 101 29 JUNE 2021 102 Navendu Mishra (Stockport) (Lab): What steps his House of Commons Department is taking to increase court capacity. [901944] Tuesday 29 June 2021 The Parliamentary Under-Secretary of State for Justice The House met at half-past Eleven o’clock (Chris Philp): The pandemic has affected courts, like it has affected so many other areas of life. The Government have responded energetically and comprehensively, for PRAYERS example by opening 60 new Nightingale courtrooms, hiring an extra 1,600 Her Majesty’s Courts and Tribunals [MR SPEAKER in the Chair] Service staff, injecting hundreds of millions of pounds Virtual participation in proceedings commenced (Orders, extra into the system, and making sure that around 4 June and 30 December 2020). 20,000 hearings a week can now be conducted online. [NB: [V] denotes a Member participating virtually.] These measures are designed to enable court recovery, and I can assure the House that these efforts will continue. Oral Answers to Questions Alex Davies-Jones: The Minister’s total failure to improve court waiting times is having a very real-world cost, no more so than for my 100-year-old constituent JUSTICE whose fraud case against a former carer amounts to more than a quarter of a million pounds. Despite The Secretary of State was asked— initiating the case more than four years ago, that elderly woman is still waiting and is unlikely to see justice Image-based Abuse served in her lifetime. The Minister knows about that case, as I have written to his Department on multiple Paul Blomfield (Sheffield Central) (Lab): What recent occasions, but still the delays persist. What exactly does assessment he has made of the effectiveness of legislation he have to say to my constituent, along with the thousands in protecting victims from image-based abuse. [901925] of others like her who are once again being left behind The Parliamentary Under-Secretary of State for Justice by this Government and denied justice? (Alex Chalk): We recognise and share public concern over abuses of new technology to harm victims, and we Chris Philp: Listing of individual cases is a judicial are taking action. Today, new provisions on threatening function, and there are sometimes legal reasons why to share private sexual images come into force, and we cases get put off. I must say that in Wales, actually, the are going further. We have asked the Law Commission court system is performing particularly well at the moment. to review the law on image abuse to ensure that victims The hon. Lady talks about delays. Of course, during the are properly protected. The commission will publish pandemic some delays have built up, but in the magistrates recommendations in spring next year,and we will consider court, for example, about half of the backlog that them very carefully. accumulated due to covid, which peaked in about August last year, has already been removed. The outstanding Paul Blomfield [V]: My constituent Helen Mort had case load in the magistrates court is currently dropping the appalling experience of finding out that someone at a rate of around 2,000 a week. I also gently point out unknown to her had taken ordinary images from her that the outstanding case load prior to the pandemic in social media and superimposed them on violent and the Crown court, at 39,000 cases, was considerably extreme pornography. These were not intimate images, lower than the 47,000 cases in 2010. but they were used to create deepfakes. When she went to the police, she was told that there was no crime to Navendu Mishra: The Crown court backlog has reached investigate as the original images were not private. The a new record high of nearly 60,000 cases. That is the Law Commission’s review, to which the Minister refers, result of a decade of Conservative cuts and court proposes extending the criminalisation of sharing intimate closures. Will the Government commit to continuing images to include deepfakes. Will the Minister ensure Nightingale courts until the backlog is cleared? that the Government respond positively and quickly to those proposals so that people like Helen are protected Chris Philp: Weare continuing Nightingale courtrooms. in the future? We are also saying to the judiciary, critically, that there will be no constraint on Crown court sitting days this Alex Chalk: I am very grateful to the hon. Gentleman current financial year; the judiciary can list as many for raising that harrowing case. He is absolutely right to cases as they are physically able to. On Crown court do so. We recognise that the law needs to keep pace with numbers, clearly, jury trials and pandemics do not mix those who would use technology to perpetrate dreadful very well, but thanks to the steps taken, we have seen abuse. We have asked the Law Commission to act, as he the corner turned just recently—in the last few weeks. indicated. It is doing so at pace, and we will be looking Crown court case numbers are beginning to edge down very carefully with a view to extending the law where it for the first time, and we are committed to making sure is appropriate to do so. that continues. Court Capacity Sir Robert Neill (Bromley and Chislehurst) (Con) [V]: Alex Davies-Jones (Pontypridd) (Lab): What steps his I welcome the Minister’s last point, because the Director Department is taking to increase court capacity. [901927] of Public Prosecutions told the Justice Committee two 103 Oral Answers 29 JUNE 2021 Oral Answers 104 weeks ago that case loads in the Crown court are had to be taken throughout the pandemic, the Lord currently at 95% of physical capacity, making allowance Chancellor and Secretary of State for Justice has ensured for the Nightingale courts, but that the Crown Prosecution that justice standards have been maintained. Judges Service’s total case load has increased by some 53% have always had the proper discretion to direct proceedings since February 2020. Does the Minister agree that that in their courtrooms so that justice is not only properly must mean that, to keep the backlog reducing in a done but fairly done. sustainable fashion, we must have long-term, continued investment in increased court capacity, but also in judges Human Rights Act 1998 (Amendment) and recorders, in court staff available to hear and try cases, and in CPS staff to ensure that they are ready for Hannah Bardell (Livingston) (SNP): What plans he trial on time? has to bring forward legislative proposals to amend the Human Rights Act 1998. [901928] Chris Philp: The Chair of the Justice Committee is, as always, right in his analysis. We need to ensure that the The Lord Chancellor and Secretary of State for Justice capacity exists and, for the reason he mentioned, 1,600 (Robert Buckland): The Government have established extra staff have already been hired for Her Majesty’s the independent Human Rights Act review to examine Courts and Tribunals Service. He also mentioned Crown the framework of the Act, how it is operating in practice Prosecution Service capacity. I think its budget recently and whether any change is required. The review is went up by about £80 million to enable 400 additional considering the approach taken by our domestic courts prosecutors to be hired. to the jurisprudence of the European Court of Human In relation to judicial capacity, we will shortly bring Rights and whether the HRA currently strikes the forward measures to increase the mandatory retirement correct balance between the roles of the courts, the age for magistrates and judges from 70 to 75, which we Government and this place. The report, due this summer, hope will retain the most experienced judges who will will be published, as will the Government’s response. be able to sit and hear these cases. In relation to physical courtroom capacity, we have clearly invested enormously Hannah Bardell [V]: Given this Tory Government’s in technology to enable remote hearings and, as I track record of either not consulting or railroading mentioned, about 20,000 a week are taking place. In changes without consultation, will the Secretary of State addition to that, we have the 60 Nightingale courtrooms. confirm that any proposals to amend the Human Rights When social distancing is relaxed—nothing has been Act will be subject to a full public consultation lasting confirmed, but we have a reasonable expectation that it at least three months? will be in the near future—a reduction in those requirements will enable more courtrooms to be used safely than is Robert Buckland: The hon. Lady will be glad to know the case today, which will also greatly assist court that a wholly independent review reflecting opinion recovery. from right across the United Kingdom and beyond was set up and will report in due course. Then, no doubt, Alex Cunningham (Stockton North) (Lab): The Minister there will be a consultation on those issues ahead of any has been keen to talk up the Government’s efforts to get legislative change that the Government might introduce court waiting lists down, but it is vital that efficiency to this place. does not come at the expense of effective and proper justice. I hope he is aware of the controversy surrounding Mr David Lammy (Tottenham) (Lab): This week, the the use of the single justice procedure in relation to the UN’s special rapporteur for human rights said that the thousands of people prosecuted for coronavirus-related Police, Crime, Sentencing and Courts Bill, the Covert offences and the fact that hundreds—the bulk in their Human Intelligence Sources (Criminal Conduct) Act absence—may have been wrongly charged and convicted.
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