§ 26. Mr. Dominic Grieve (Beaconsfield)What systems there are for assessing the views of circuit judges on proposals to change the operation of Crown courts. [109637]
§ The Parliamentary Secretary, Lord Chancellor's Department (Jane Kennedy)Whenever changes to the operation of the Crown courts are proposed, the views of the judiciary are sought through consultation, including the views of the Council of Circuit Judges.
§ Mr. GrieveI am sure that the Parliamentary Secretary will agree that the Council of Circuit Judges has an important role to play in trying to ensure the smooth running of the court system and trying to minimise costs. Why then is it that the impression that one derives is that the council considers that on issues such as court layout, new court building and information technology, their representations to the Lord Chancellor's Department appear to be disregarded? Is it simply because the council is meant to be a mere focus group sounding board to be disregarded at will, or is it because the Government do not like the suggestions that it makes?
§ Jane KennedyI cannot be held responsible for any impressions that the hon. Gentleman may form. The views of the Council of Circuit Judges, which is the body that represents the circuit bench, are taken very seriously. It is consulted by the Lord Chancellor and the Court Service on all proposed policy and operational changes relating to the courts.
§ Mr. Gerald Bermingham (St. Helens, South)I declare an interest as a practising lawyer. When the various proposals for the change in the operation of the Crown courts are considered by the Lord Chancellor's Department, will the Department take into account the change in format and procedure that will arise directly from the incorporation of the European convention on human rights on 2 October and ensure that the judges sitting in the Crown courts have been well tutored in the complex nature of the proposals and the various precedents and other cases that have been decided in the European courts, which will of course affect the running of our courts?
§ Jane KennedyMy hon. Friend makes a good point, and great efforts are being made to ensure that the judiciary and those responsible for administering the Court Service are well briefed on the implications of the Human Rights Act 1998. Important as that legislation is in establishing the rights of individuals in this country, it does have major implications for all public agencies, including the Court Service.
§ Mr. Nick Hawkins (Surrey Heath)The Parliamentary Secretary must sometimes be embarrassed to defend the actions and attitudes of the Lord Chancellor. I wish to follow up the question from my hon. Friend the Member for Beaconsfield (Mr. Grieve). Does she accept that it is a matter of profound concern if the Lord Chancellor gives the impression that he goes through the motions of receiving delegations from the judiciary, but that the judiciary feels that its views are simply being ignored and that all that is happening is a face-saving exercise? Increasingly, as one talks to people at all levels of the legal profession, the impression left by the Lord Chancellor is that he is contemptuous and dismissive of any representations that are made to him.
§ Jane KennedyIt is difficult to respond to generalised complaints such as those made by the hon. Members for Surrey Heath (Mr. Hawkins) and for Beaconsfield (Mr. Grieve). All I can say is that, for example, in the consultation on the transforming the Crown court project, more than 62 judges responded individually and six circuits responded collectively. Those responses will be 1363 considered along with the conclusions of various groups that have been organised to discuss that project, including the judicial focus group, the think tank and the case management working group. The recommendations of those groups and the individuals who responded will be brought together and a way forward approved by the trials issues group, the senior presiding judge and the Court Service. The views of the judiciary are sought in a range of ways, and those views are taken very seriously indeed by the Lord Chancellor.