Westminster update: lord chancellor pressed on legal services regulation

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Lord chancellor pressed on legal services regulation

The lord chancellor and secretary of state for justice, Shabana Mahmood confirmed she sees no obvious argument for abolishing any of the legal service regulators during an evidence session with the Joint Committee on Human Rights on Wednesday 30 April.

Lord Murray (Conservative) raised the government’s goal to grow and deregulate and asked whether there is room to examine whether it is necessary to have so many legal regulators.

He specifically raised whether the Legal Standards Board (LSB) could be abolished or whether an investigation could take place to reduce the risk of mission creep.

The lord chancellor responded that the government has the desire to look at all regulators, not just to remove regulators, but to make sure that regulators are fit for purpose.

Mahmood also noted that while there are clear criticisms to be made over the SSB or Axiom Ince cases, she does not think there is an obvious case showing that system does not work overall.

Baroness Lawrence (Labour) asked about the government’s steps to ensure the Leveson Review does not delay the need for bold reform to combat court backlogs.

The lord chancellor replied that she has asked Leveson for a “once in a generation” reform of the courts and recognised that the review must come before reform.

Baroness Lawrence followed up to point out that Leveson has personally told her that a major issue is the lack of lawyers due to poor pay and then turned to the issue of deferred prosecutions for low level crimes.

Mahmood did not want to get ahead of the review’s work but noted that this suggestion might fit in second phase of review.

The chair then asked the lord chancellor for an update on the Hillsborough Law and the importance of the duty of care requirement of government.

The lord chancellor emphasised the government’s desire to make sure the bill’s provisions are fit for purpose and said that the duty of candour and criminal sanctions will be central to the bill.

Lastly, Sir Desmond Swayne (Conservative) raised the “spat” at PMQs regarding a judicial decision and asked for the lord chancellor’s views on politicians commenting on judgments.

Mahmood highlighted that if the law needs to be changed then the individuals to do so should be elected representatives.

She balanced this against the assertion that the government should not go after individual judges.

The lord chancellor touched on the slippery slope towards accusing judges of being “activists” and drew a line to say that this is categorically unacceptable.

Law Society concerns on court capacity raised in Renters' Rights Bill debate

The Renters’ Rights Bill was back in the Lords on Monday 28 April for day three of committee stage.

One of the main focus areas for peers was the capacity of the courts and the impact that these reforms will have on an already overwhelmed justice system.

The Conservative shadow minister Baroness Scott referenced the Law Society’s briefing note, stressing that we have been sounding the alarm over court capacity for years.

She noted that a critical issue that will determine the success or failure of the bill is ”the capacity of our courts to deliver it.”

Scott said she sympathised with front line staff in the justice system, noting that “backlogs are rising, court rooms lie unused for lack of staff and overburdened judges are stretched too thin.”

Several other members flagged the dire state of the courts, noting not just backlogs but repair, staffing and resource issues.

Housing legal aid was raised by Lord Young (Conservative) who also used our briefing to support his arguments.

He flagged that 44% of the population in England and Wales do not have a housing legal aid provider in their local authority area, highlighting the number of tenants that will struggle to get legal representation if they need to challenge an eviction or seek redress through the courts.

The housing minister Baroness Taylor (Labour) responded to the debate by making it clear that it is the government’s view that that the implementation of tenancy reforms should not be held back by an assessment of the current state of the court system.

The government has no intention of delaying the reforms to the private rented sector and believes that compelling the courts and tribunals to undertake such a capacity assessment would detract from their vital ongoing work to make sure that they are ready for our reforms.

She reassured the House that the government is fully focused on making sure that the justice system is prepared for the changes to court caseloads and procedures which will be required for the reforms.

We will continue to engage with both the government and the opposition to ensure that our concerns around court resourcing and capacity are addressed.

Crime and Policing Bill: MPs debate warrantless search

The Crime and Policing Bill continued its committee stage in the House of Commons on Tuesday 29 April.

MPs debated provisions to allow searches without a warrant for electronically tracked stolen goods.

Home Office minister Dame Diana Johnson outlined legislation to create a new power for the police to enter premises to search for and seize stolen items that have been tracked electronically.

She noted that technology now allows items to be GPS tracked and this clause will allow the police to act quickly to return stolen goods.

She acknowledged that this power is not a catch-all to circumvent the warrant system and would only be used when police have reasonable grounds.

Existing safeguards within the Police and Criminal Evidence Act will apply, with the use of the power authorised by an inspector.

Conservative shadow Home Office minister Matt Vickers welcomed the measure and suggested the powers could even be broadened to help maintain public safety.

Luke Taylor (Liberal Democrat) raised concerns about inaccuracy in tracking data, but Johnson said guidance would come forward covering how the power would function.

The bill continues its passage through the Commons and we will continue to engage with MPs on the bill and the importance of funding the justice system properly alongside it.

Coming up:

We are working closely with MPs and peers to influence a number of bills before parliament: