§ 29. Mr. David Taylor (North-West Leicestershire)What estimate she has made of the proportion of 890 (a) summary-only and (b) either-way cases heard by stipendiary magistrates in each of the last three years; and if she will make a statement. [130596]
§ The Parliamentary Secretary, Lord Chancellor's Department (Jane Kennedy)Unfortunately, these figures are not collected centrally. However, results from an ad hoc survey of magistrates courts committees throughout the country suggest that about 10 per cent. of either-way cases and slightly less than 10 per cent. of summary cases were heard by stipendiary magistrates in each of the past three years.
My right honourable and learned Friend the Lord Chancellor has said on numerous occasions that the future of the lay magistracy is secure. The Government are committed to the principle of the lay magistracy continuing to play a significant part in our system of justice.
§ Mr. TaylorI thank the Minister for those figures. As a life member of the Magistrates Association, I welcome the reassurance about the future of lay benches. However, does she acknowledge the fears of many of my 30, 000 magisterial colleagues that there exists a civil service agenda secreted in a Selborne house cellar that envisages a European model of a fully professional judiciary? Is there not a real risk, following the Criminal Justice (Mode of Trial) (No.2) Bill, that there will be many more one—person judgments by stipendiary magistrates, which could lead too often to the charge of legal arbitrariness and state authoritarianism?
§ Jane KennedyI can reassure my hon. Friend that there are no such sinister cellars in Selborne house. On the contrary, there is an excellent staff restaurant at that level, which I would invite him to visit.
In all seriousness, I can reassure my hon. Friend that there is nothing in the mode of trial Bill that suggests or requires a more extensive use of stipendiary magistrates. It is important to understand their role. They hear cases that are expected to continue for more than one day. That helps the court over the difficulty of constituting a bench of three lay members who are able to sit for two, three or more consecutive days. Stipendiary magistrates give support to lay benches.
§ Mr. Nick Hawkins (Surrey Heath)I do not wish to intrude on the private grief caused by the attack of the hon. Member for North-West Leicestershire (Mr. Taylor) on the sinister cellars in Selborne house, but will there be a proper survey following this Question Time into the work that is done by stipendiary magistrates? Will the hon. Lady confirm that, despite the support that right hon. and hon. Members on both sides of the House have for the lay magistracy, she recognises that stipendiary magistrates have an important part to play? Might the Government change their mind about the role of stipendiaries under the Football (Disorder) Bill, which is being considered in another place? As she knows, the Opposition certainly wish stipendiaries to have a greater role in the context of that legislation.
§ Jane KennedyI sought to reassure the House that there were no such sinister cellars. I clearly have not achieved my objective. A joint Lord Chancellor's Department and Home Office research project is being 891 undertaken to assess whether the current balance between the use of lay magistrates and stipendiaries is correct, and whether each set of magistrates is deployed in the most effective way. A report on that is due in September. The hon. Gentleman will be aware of the review of the criminal courts that is being conducted by Lord Justice Auld. We await his conclusions with interest.