HC Deb 03 December 1998 vol 321 cc231-2W
Mr. Wigley

To ask the Minister of State, Lord Chancellor's Department what steps the Welsh Office is taking to increase access to justice for people living in rural areas in Wales. [61473]

Mr. Hoon

The Lord Chancellor's Department is proposing to create a Community Legal Service, which will improve access to good quality legal and advice services for those with the greatest need. This will be achieved by greater local planning of legal and advice services and co-ordination of funding through Community Legal Service Partnerships between local authorities, the Legal Aid Board and other significant funders. This will be particularly important to rural communities, as the inconsistent geographic coverage of legal and advice services impacts disproportionately in rural areas.

The Lord Chancellor's Department also wishes to see the facilities at some magistrates' courts improved where these may be substandard, but—as section 56 of the Justices of the Peace Act 1997 sets out—decisions about the location and number of courthouses and offices are the responsibility of the relevant magistrates' courts committees in consultation with their paying authorities. The Lord Chancellor's Department will become involved only when a paying authority appeals against an MCC's determination.

Mr. Wigley

To ask the Minister of State, Lord Chancellor's Department if he will take steps to halt the closure of(a) magistrates' and (b) county council courts in the rural areas of Wales. [61474]

Mr. Hoon

Magistrates' courts are locally managed by magistrates' courts committees under the provisions of the Justices of the Peace Act 1997. Decisions concerning the location and number of magistrates' courts in their area are for the relevant magistrates' courts committee to determine. A local authority that contributes financially may appeal to the Lord Chancellor against a proposed closure. The procedure for such appeals is set out in section 56 of the Justices of the Peace Act 1997. In the absence of an appeal, however, the Lord Chancellor plays no part in the process.

The Court Service is responsible for all civil and the higher criminal courts and is required constantly to monitor and review the viability of its court network. Factors taken into consideration include the role played by the court in providing a service to the public in that area, and the effect and implications of providing an alternative for its current users. The criteria for considering the case for and against closure as set out in the Departmental Accommodation Plan are: the condition of the existing accommodation; the availability of facilities; the frequency of judicial visits and waiting times; the facilities provided by the alternative court; and the capacity of that court to cater for the additional work; and distances and public transport considerations. In general, the Court service must look to improve services to an area overall.

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