Tuesday Volume 691 16 March 2021 No. 191 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 16 March 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/. 141 16 MARCH 2021 142 they wish to join the UK Government on many of our House of Commons reforms in the White Paper, and we will continue to work closely with them in order to secure that partnership. Tuesday 16 March 2021 Covid-19: Legal Aid Sector Support The House met at half-past Eleven o’clock Sarah Olney (Richmond Park) (LD): What support PRAYERS his Department is providing to the legal aid sector during the covid-19 outbreak. [913461] [MR SPEAKER in the Chair] Virtual participation in proceedings commenced The Lord Chancellor and Secretary of State for Justice (Orders, 4 June and 30 December 2020). (Robert Buckland): With regard to the legal aid sector during this crisis, we have expanded the scope of and [NB: [V] denotes a Member participating virtually.] relaxed the evidence requirements for hardship payments in Crown court cases, including reducing the threshold for work done; we have increased opportunities to claim Oral Answers to Questions payment on account in civil legal aid cases, as well as increasing the amounts; we have halted the pursuit of outstanding debts owed by providers of legal aid to the JUSTICE Legal Aid Agency; and we have suspended sanctions in relation to mixed deadlines. That is in addition to the The Secretary of State was asked— range of measures that we have taken in order to support the sector through this crisis. Mental Health Act Reform Suzanne Webb (Stourbridge) (Con): What steps the Sarah Olney [V]: The latest Ministry of Justice figures Government are taking to reform the Mental Health show that there are 56,544 outstanding Crown court cases at the end of January. Given that defence lawyers Act 2007. [913459] are paid for litigation when a case finishes, can the Dr James Davies (Vale of Clwyd) (Con): What steps Secretary of State confirm what steps have been taken the Government are taking to reform the Mental Health to assist legal aid lawyers with their cash flow at this Act 2007. [913467] time? The Lord Chancellor and Secretary of State for Justice Robert Buckland: The hon. Lady will be glad to know (Robert Buckland): We are determined to work across that, as I referred to in my initial reply, we have already Government to modernise the Mental Health Act 2007 relaxed the evidence requirements for hardship payments so that it ensures that patients receive the right care in and, importantly, reduced the threshold for work done the right setting at the right time. Prison should be a by criminal lawyers to £450 from the current £5,000. It place for rehabilitation, not a convenient holding pen is absolutely essential that we maintain throughput, and for those people for whom mental health is the primary as we move on through this year with the road map out driver of their offending. of lockdown, I am confident that the court system will be able to list even more proactively, making sure that Suzanne Webb: What is the timetable for the Mental there is plenty of work for dedicated criminal legal aid Health Act consultation and how can interested parties lawyers. participate? Karl Turner (Kingston upon Hull East) (Lab) [V]: Robert Buckland: I am grateful to my hon. Friend for The independent criminal legal aid review is a once-in- her continuing interest in this important process. We are a-decade opportunity to fix a vital element of our consulting widely on these proposed reforms, including criminal justice system. There are more than 400 fewer service users, carers and professionals, to ensure that we criminal legal aid firms today than in 2015. That means get this once-in-a-generation opportunity right. The that more than one in four has left the system. When consultation is now available on the gov.UK website, these firms fold, legal aid family law departments often and will close on 21 April. go with them, leaving domestic abuse victims without Dr Davies [V]: Will the Secretary of State explain representation. Does the Secretary of State agree that the how reforms of the Mental Health Act will strengthen Government cannot simply wait for the recommendations the role that the justice system plays in protecting of CLAR before taking action and that we must make society’s most vulnerable, both in north Wales and sure that the number of unrepresented domestic abuse across the country? victims does not increase yet further. Robert Buckland: I am very grateful to my hon. Robert Buckland: The hon. Gentleman is right to talk Friend who, from his professional experience, has a about the need for representation for domestic abuse great deal of expertise and knowledge in this area. victims. He knows, of course, that in criminal scenarios Among other reforms, we want, in particular, to increase the Crown Prosecution Service will act with regard to patient access to the Mental Health Tribunal, which the prosecution of offences. He will also note that, in provides vital independent scrutiny of detention orders. phase 1 of the CLAR process, up to £51 million a year We wish to expand its powers so that it plays a greater has already been injected into criminal legal aid fees. safeguarding role. Health policy is devolved to Wales, That is the most significant increase in investment in so it will be for the Welsh Government to decide whether legal aid for a quarter of a century. We are working on 143 Oral Answers 16 MARCH 2021 Oral Answers 144 the existing body of evidence with the new chair of the Andrew Jones: I am encouraged by the measures my criminal legal aid review, Sir Christopher Bellamy QC, hon. Friend is taking to catch up on the backlog. Will who is already engaging with the professions. I am he update me specifically on how many Nightingale confident that his work will deal not only with the courts are now open and in use for Crown court work? situation with regard to fees in court, but, as he says, the “sustainability” of those criminal legal aid firms that Chris Philp: There are currently, as we speak, are the lifeblood of representation in that sector. 49 Nightingale courtrooms open and available for work. There are five more opening this week, one of which is HM Courts and Tribunals Service: Backlog Croydon, the borough that I have the honour of representing in south London, and by the end of this month we will get up to a total of 60. Many of those Cat Smith (Lancaster and Fleetwood) (Lab): What courtrooms can be used for Crown court work, but even progress he has made on tackling the backlog of cases where they cannot—for example, because they do not in HM Courts and Tribunals Service. [913462] have custodial facilities—they are very often able to do work that would otherwise be done in a Crown court Andrew Jones (Harrogate and Knaresborough) (Con): centre that is then freed up for work where, for example, What steps he has taken to help tackle the backlog of custody suites are required. This is making a real criminal cases before the courts. [913465] contribution and we intend to go further. Chi Onwurah (Newcastle upon Tyne Central) (Lab): Chi Onwurah [V]: Justice delayed is justice denied. What progress he has made on tackling the backlog of That is no cliché; it is the lived reality for the many, cases in HM Courts and Tribunals Service. [913472] many victims who have not had their day in court during this pandemic. The Minister has said that he Mr Gagan Mohindra (South West Hertfordshire) (Con): expects the number of cases to be brought back to What steps he has taken to help tackle the backlog of acceptable levels before Easter 2023. Is this really acceptable, criminal cases before the courts. [913473] and what confidence can victims have that this late date will be met? Christian Matheson (City of Chester) (Lab): What Chris Philp: I do agree that timely justice is essential. recent estimate he has made of the size of the backlog In the magistrates courts, the outstanding caseload has of cases before the criminal courts. [913476] already come down by about 50,000 cases since last summer, which is very welcome progress. In Crown Cherilyn Mackrory (Truro and Falmouth) (Con): What courts, we are now getting through about 2,000 cases a steps he has taken to help tackle the backlog of criminal week, which is about the same as it was before the cases before the courts. [913489] pandemic. But we do need to go faster: the hon. Lady is right. I think the judiciary eased off listing a little bit in The Parliamentary Under-Secretary of State for the January, February and the early part March owing to Home Department (Chris Philp): In common with so the more recent lockdown. Now we are moving out of much of the public sector, and life in general, courts those restrictions, in phases, our expectation is that have been profoundly affected by the coronavirus pandemic. listing levels will go up again. We have certainly created The Government have taken decisive action to address the capacity to do that, with 290 jury courtrooms this, investing a quarter of a billion pounds in covid available. As listing levels increase, using the capacity recovery, which has paid for, among other things, we have created I expect the outstanding caseloads to 40 Nightingale courtrooms, soon to increase to 60 by come down.