HC Deb 26 November 2002 vol 395 cc154-5
36. Hugh Robertson (Faversham and Mid-Kent)

If she will make a statement on the Government's plans for increasing the number of magistrates. [81466]

The Parliamentary Secretary, Lord Chancellor's Department (Yvette Cooper)

The most recent figures show that there are 28,500 magistrates in England and Wales. Work is under way to assess what impact measures such as increased sentencing powers will have on the number of magistrates needed in future so that we can plan recruitment programmes accordingly.

Hugh Robertson

I should like to raise with the Minister the case of a constituent of mine, Mrs. Summers, who was removed from the Bench by the Lord Chancellor this summer. She has lived in this country for more than 30 years since her marriage, had been a magistrate for more than 10, but was removed this summer by the Lord Chancellor because she failed to meet the terms of the Act of Settlement 1701, which allows for magistrates who are United Kingdom nationals, Irish or members of a Commonwealth country. She is Dutch. The Lord Chancellor's Department wrote to me and promised to return her to the Bench as soon as possible. I have heard nothing further—what more is being done?

Yvette Cooper

I am not aware of the particular case that the hon. Gentleman raised, but he is right that a number of cases have been caught by the Act of Settlement and nationality requirements for magistrates. We have made it clear that we are keen for people who have been serving magistrates for a long time, often with great experience and having given a huge amount of time to their community and the justice system, to be returned to the Bench. We have been working on measures to support individuals to help them meet the requirements so that they can get back onto the Bench. We are also looking at legislative provisions in that area, and I shall write to the hon. Gentleman with a detailed account of progress.

David Taylor (North-West Leicestershire)

If the Government expand the number of magistrates, as a member of the Magistrates' Association I believe that it is desirable to widen the sections of society from which appointments to the lay Bench are made. Will the Minister tell the House how the Government are tackling the chronic difficulty of making the Bench representative?

Yvette Cooper

My hon. Friend is right. An important principle in the justice system is that of being judged by one's peers. It is important that magistrates are drawn from the areas or constituencies on which they will judge. We are concerned to recruit more people who are in work, more people from ethnic minorities and younger people to the Bench. We have been working with Operation Black Vote, particularly on recruitment from ethnic minority communities, and we are looking to do more through a national recruitment strategy.

Mr. Douglas Hogg (Sleaford and North Hykeham)

If we are to have a large lay magistracy, which is desirable, is it not important that the courts are kept local? In that context, may I emphasise the importance of keeping the magistrates court at Sleaford?

Yvette Cooper

I have heard the right hon. and learned Gentleman's representations on that court. Local access to justice is certainly important, which is why we have supported it across the country. We are also looking at closer working between magistrates courts and the civil and family courts, because that can often support access in areas where individual courts may be under pressure. That is also why decisions are made locally about the use of court houses and resources.