UK Parliament / Open data

Future of Legal Aid

Proceeding contribution from Melanie Onn (Labour) in the House of Commons on Thursday, 1 November 2018. It occurred during Backbench debate on Future of Legal Aid.

The hon. Gentleman makes a very powerful point, which surely must go towards the consideration of what kind of legal advice will be available around the country in the future if firms are at risk of closure because they cannot secure their anticipated income. It certainly cannot be much of a draw for those who are thinking about entering the legal profession and perhaps joining a local firm.

On Monday, a consultation was launched on listing arrangements in magistrates courts across the Humber and South Yorkshire. One issue that is highlighted in the consultation document is the changes that are coming about due to the low number of legal advisers available to cover the courts at the Grimsby site. I cannot help but think that the reason why so few legal advisers are available to cover that site is that we have seen so much closure as a result of limitations to legal aid. It almost feels like a self-fulfilling prophecy—that a decision has been made that impacts this, and is now driving yet another consultation on justice. It will have yet another impact on people’s overall access to justice, albeit in a slightly different area from the main subject of this debate.

To support that line of argument, the consultation includes a number of annexes and has various statistics to prove the necessity of the structural reform. The dates provided for these statistics run from 2017 to 2018 or from the beginning of January until the end of August 2018, none of which takes into account the number of cases and the support that was available before legal aid cuts had such an impact, reducing the number of solicitors available locally. I cannot help but think that there is an in-built bias in the consultation document, which already leads us down the route to saying that there is no requirement for the court system as it exists in that area.

The consultation document lists eight benefits while providing just two identifiable drawbacks:

“Defendants in custody who would otherwise have appeared at Barnsley, Doncaster, Beverley and Grimsby, may now need to be transported a greater distance to appear in court. This may also apply to their representatives, and others wishing to support those defendants. Producing defendants in custody at fewer sites will increase the pressure on custody facilities at those sites.”

The document fails to recognise the issue of Grimsby’s local geography—of where we are in the country. It talks about our being 33 miles from Hull, but that must be as the crow flies because it is certainly not that distance on any form of public transport. In reality, it is at least an hour’s drive for people to access those custody suites, bearing in mind the traffic in Hull and Sheffield, which are the two nearest courts that it is being suggested we will be directed to. Two hours on a bus or train to access those provisions really is not accessibility at all for people. Even if people are to drive and there are to be police officers escorting people under arrest to those sites, that will take away significant resources from police, who we would otherwise expect to be on our streets.

I have been contacted to say that exactly the same process happened in Scunthorpe, which is a 40-minute drive from Grimsby. Twelve months ago, Scunthorpe had a fully operational magistrates court with custody facilities. Just 12 months after those custody facilities were lost, the magistrates court was entirely closed. Such a process is not something that people in my area would be best served by. There does not seem to be any

consideration of the additional pressures of such closures on other areas and the custody facilities at nearby suites. I think that there will be a significant limitation, in terms of cost and ability, of people’s attendance at those sites. It is likely that we will see a greater level of non-attendance. If we think about justice in its fullest meaning, and about access and support around the whole justice system, I cannot see how those two fit together in any way.

The frequently asked questions in the consultation document talk about queries on subsequent trials and mention that trials will be held at whichever sites are

“most convenient for defendants, victims and witnesses.”

I know the shadow Minister has visited my constituency, so she will be aware how precarious the public transport system is; it is incredibly difficult to get to. The FAQs conclude that the difficulties are

“likely to be few within the overall circumstances.”

I find it surprising that that kind of expediency can be given, and that it can be considered acceptable for even one person not to receive the same kind of access to justice facilities.

I want to finish with an email that a local defence solicitor sent me to make me aware of these issues. He wrote:

“A local matter has arisen which may be of interest to you which will affect the whole community. A consultation (8 weeks) has been issued by HM Courts Service proposing that from April next year all Grimsby prisoners/people from Grimsby in custody go to Hull Magistrates Court to be dealt with and not Grimsby. Grimsby will no longer deal with custody cases. Local people from Grimsby will have their cases dealt with by Magistrates in Hull who have no connection to our area. This is exactly what happened in Scunthorpe a short time ago, their custody work was moved here to Grimsby and within 12 months the Court was closed altogether. All agencies in the local Criminal Justice believe the move is the first step to close Grimsby Magistrates Court and are opposed to the proposals. We are to fight against this but as with the fate of many Courts we fear we may be fighting a losing battle...Any support from you would be greatly appreciated...This”—

decision—

“will destroy local justice for local people.”

I hope the Minister will bear that in mind in her closing comments.

3.11 pm

Type
Proceeding contribution
Reference
648 cc438-9WH 
Session
2017-19
Chamber / Committee
Westminster Hall
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