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Mr. Eric Pickles (Brentwood and Ongar): The hon. Gentleman has quoted a suggestion from those who seek to close courts. A spokesman has said on BBC Radio Essex that the majority of those who appear before magistrates plead guilty. Surely that strikes at the
argument of those who want to close those courts. People are entitled to justice within their locality and to be judged by those who know that locality.
Mr. Russell: I agree with the hon. Gentleman.
Evidence suggests that some people are pleading guilty, by default, because it is a cheaper option than pleading their innocence at a faraway court. I do not believe that anyone would want to support such a system of justice.
Mr. Jenkin:
I am most grateful to the hon. Gentleman for inviting fellow Essex Members to take part in the debate and I associate myself with much of what he has said. In particular, removing the means of justice from the local community hardly seems to be in keeping with the message that everyone in the House wants to send to local communities about justice being at the heart of each of our communities.
The closure of such courts will not lead to super-enhanced services and better courts in the localities where they will remain. We will be left with the same courts, but they will be faced with additional strain and inadequate facilities. That can lead only to further congestion and delay in the process of justice. Although we have sympathy with the magistrates courts committee trying to live within its means, I put it to the Minister that that will hardly enhance the objective on law and order.
Mr. Russell:
I agree with the hon. Gentleman.
We are witnessing production-line justice, which is not in keeping with what we would all like to see. The court closures will greatly inconvenience the victims of crime, and witnesses who are required to attend court. Such closures will destroy the concept of local justice according to which local magistrates make decisions on local cases.
Will the Minister make the quangos take proper account of public opinion? It is not good enough for one part of government to try to save money when, as a consequence, the police and society will end up worse off financially. The chief constable has said that the police service in Essex will be poorer because of the closures, and he knows his patch better than anyone in the House.
Mr. Alan Hurst (Braintree):
I am most grateful to the hon. Member for Colchester (Mr. Russell) for raising this topic, which is one of general concern in the county of Essex. Mr. Deputy Speaker, I draw your attention and that of the House to my entry in the Register of Members' Interests as partner in a firm of solicitors.
I have recently met my hon. Friend the Minister, by way of leading a delegation to discuss with him the closure of Braintree magistrates court, and he will
remember the local feeling expressed on that occasion. The delegation included the leader of Braintree district council, which is unanimously opposed to the closure of the local court. More significantly, the leader of Witham town council, which would be the recipient town were Braintree magistrates court to close, also endorses the opposition to the closure. The reason for that is that towns need local justice, as the hon. Member for Colchester said.
The other member of the delegation was the chief constable of Essex who, as I am sure that my hon. Friend the Minister recalls, expressed strong objection to the closure, not only of Braintree magistrates court but of courts in Clacton and Saffron Walden.
Angela Smith (Basildon):
I wish to raise a matter connected with Clacton magistrates court, but first I should declare that my husband is a magistrate in Essex. Is my hon. Friend aware that there was a proposal in 1995 to refurbish Clacton court, which was turned down by the previous Government? Does he agree that it would be better to have refurbished the court then than to see it close now?
Mr. Hurst:
I am grateful for that information, of which I was not aware. I agree entirely with my hon. Friend's remarks.
The chief constable of Essex was strongly of the view that any saving achieved in the magistrates service would pass the burden to the police, and the point was endorsed by the leader of Braintree district council. Consequent on the closure of Braintree county court, cases for possession and other district council cases are being heard in the magistrates court building. Were that to close, the estimated cost to the district council of moving on to Witham or Colchester would be about £12,000, which almost matches the anticipated savings of £14,000 from the closure of Braintree courthouse.
The Parliamentary Secretary, Lord Chancellor's Department (Mr. Geoffrey Hoon):
This is an important topic and I am grateful for the opportunity to respond to the debate. I am sure that all those hon. Members present are delighted that the hon. Member for Colchester (Mr. Russell) has initiated tonight's debate. The considerable interest that hon. Members have shown illustrates the importance of magistrates courts, their courthouses and the organisation of magistrates courts committees, as was indicated recently when I set out the Government's policy in that respect.
It is necessary at the outset to remind the hon. Member for Colchester that the Essex magistrates courts committee, in common with every other magistrates courts committee in the country, is solely responsible for the effective and efficient administration of the magistrates courts in its area. It is for magistrates courts committees, in consultation with the relevant paying authority--in this case, Essex county council--to determine how many courthouses and what other
accommodation is needed locally. That is why it is wrong for the hon. Gentleman to suggest that there is anything systematic about court closures or that there is a policy in the Treasury or anywhere else to call for closures. This is a matter solely within the responsibility of local magistrates courts committees. Clearly, when resources are tight, it is the responsibility of the local committee to manage within available resources.
Whether a court should close is in the first instance a matter for the local magistrates courts committee--it is a local decision based on the committee's estimate of the needs of the local community. The only role that the Lord Chancellor has in these matters is to determine an appeal in the event that one is made. That is the limit of his jurisdiction.
Sir Robert Smith (West Aberdeenshire and Kincardine):
Surely the Government's other role is in deciding on the available resources. As my hon. Friend the Member for Colchester (Mr. Russell) has already said, the savings that the Government have got from the magistrates courts are being wasted in the policing budget. Perhaps the hon. Gentleman should be looking at a more global accounting system.
Mr. Hoon:
I intend to deal with resources in due course. The hon. Member for Colchester said that the removal of a magistrates court from any town also removed the concept of local justice. I invite him to think again about such an extravagant statement. Many towns across England and Wales have not had these courts for a very long time now; even in Essex, a number of towns have not had magistrates courts for some time. It is necessary for the local magistrates courts committee to make judgments about where best to locate its courthouses. Only in the event of that decision being challenged by the paying authority--Essex county council or any other paying authority--does the matter become the responsibility of the Lord Chancellor.
Essex magistrates courts committee made a formal determination to close Braintree, Clacton and Saffron Walden magistrates courts from 1 April 1998. There has been a lengthy debate this evening on why they should remain open. The paying authority has appealed to the Lord Chancellor against the closures, and those appeals have yet to be determined. That is why at this stage I cannot comment on the merits or otherwise of closing the courts.
I can, however, explain the procedures in place for each appeal. Each appeal against the decision of a magistrates courts committee to close a magistrates court is dealt with entirely on its own merits. I hope therefore to be able to give hon. Members a reasonable idea of some of the considerations that will ultimately be taken into account in determining these questions. They are the provision in the courts of modern facilities, such as facilities for the disabled; security arrangements for violent offenders; and separate waiting areas for defendants and witnesses.
The Government are particularly concerned to ensure the provision of courtrooms best suited to enable cases to be listed in a manner that will achieve the Government's aim of reducing delay in the criminal justice system. We also take account of the need for any renovations to bring the courthouse in question up to a modern standard. We are also aware of the distance people have to travel, of the cost of that travel, and of the time taken to complete the return journey.
The Government are committed, however, to the better distribution and use of the considerable public resources that are allocated to magistrates courts committees as an integral part of the process of delivering justice. We want to provide a modern system of justice with well-equipped and secure courtrooms, to reduce delay in the time taken for cases to proceed through those courts, and thus to honour our manifesto commitments. Moreover, we are committed to remaining within the spending ceilings that we have inherited for the next two years, so I am unable to say that there will be any more money for the delivery of justice.
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