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Proceeding contribution from Tom Brake (Liberal Democrat) in the House of Commons on Wednesday, 5 July 2006. It occurred during Adjournment debate on Sutton Magistrates Court.


Sutton Magistrates Court

Thank you, Mr. Marshall, for that intervention. I hope that the Minister will be receptive to the idea that my hon. Friend will share my time in this debate. I think that she has nodded her assent to that proposal. This is not our first debate on Sutton magistrates court. My hon. Friend secured a debate on this subject on 14 May 2003, to which I contributed. I also secured a question high up the list in Prime Minister’s questions on 26 March 2003, when I asked him whether he could explain why the Greater London Magistrates’ Court Authority, which existed then and was responsible for the courts in London, had decided to close Sutton magistrates court. It is worth reminding hon. Members of the Prime Minister’s response. He said:"““I regret to say that the honest answer is that I cannot explain that, since I am not fully aware of the circumstances. I can certainly look into what those circumstances are, but I assume that the decision has been taken by the magistrates authority. There it is; it is a local decision””.—[Official Report, 26 March 2003; Vol. 402, c. 290.]" I am afraid that that could not be further from the truth. The GLMCA was not local in any true sense of the word. The real locals—justices of the peace, councillors, Members of Parliament, Victim Support, residents and the police—were all opposed to the closure. The GLMCA, which is not accountable to the local community and had no connections with it, as far as I could detect, favoured closure on cost grounds. I congratulate the Minister at that time, Christopher Leslie, on granting the local authority’s appeal against the closure, so Sutton magistrates court did not close in 2003. One consideration that now gives me cause for concern is that the local authority can no longer appeal, so it is down to other parties to object or try to get overturned any future decision to close the court, should such a decision be taken. When Christopher Leslie made that decision he issued a press release, which I shall quote, because it is very relevant. He said:"““There are good arguments for and against the proposals put forward by the GLMCA, but I believe that justice in London is best served by keeping open these courts. By retaining them, Londoners can see their local court in operation. This is vitally important if people are to have confidence in the criminal justice system.””" He went on to say that he had decided that each borough needed a local court given the size of the population that the courts serve and the high use made of them. I very much welcome those statements. The press release also said, of another appeal, that Mr. Leslie judged that it would be particularly difficult for Harrow borough residents to get to Brent courthouse, which is where work would have been reallocated. It is worth dwelling on that point, because it might be proposed that the court in Bromley could be used as an alternative venue for some or all of Sutton court’s cases. I recommend to the person who might put forward that proposal that they attempt to travel from Sutton to Bromley. I have made that journey five times in the last month or so, because of the by-election there. I imagine that by car it would take about an hour to an hour and a half in the week. To travel that journey by public transport requires one either to go in to London Victoria and right back out again and take bus connections at either end, or to take a train journey to East Croydon or West Croydon, followed by a tram to Beckenham junction, followed by a train to one of the Bromley stations and a bus at the other end. Clearly, many people, whether they are due to appear in court or to attend as a victim or witness, would simply rather not undertake such a journey. I cannot see how Bromley can be a viable alternative. I do not have time to go through everything that was put forward in the local authority’s appeal when it fought the court’s closure, but I shall quote the final paragraph of the document, where it says that"““it is apparent that any decision to close the Sutton courthouse would have an adverse impact on the majority of court users and therefore fails to comply with what the GLMCA has set as one of the central tenets for its existence ‘providing a better level of service to court users at the point of delivery—in the courtrooms and at the courthouses’.””" Surely, whatever review is under way, that is what it must be about. It has been quite hard to find out what is driving the current review of the courts. According to an official at Her Majesty’s Courts Service, there is no formal review under way, and what is happening is just part of the normal business planning process. It appears to be driven by the London estates strategy, which talks about the estate having a direct impact on the user experience in relation to victims, witnesses, jurors and people with disabilities. I certainly support that, but organisational changes are being proposed that would see the court clustered with Croydon and Bromley. Apparently, a paper is to be circulated some time this month, and there is to be formal consultation in September or October. Will the Minister comment on that time scale and whether that process will be followed? If Sutton is proposed for closure, will the following steps be taken? Will the reason for the proposed closure be published? Will there be a consultation paper and time allowed for responses to the paper, after which an area director will decide whether to confirm the court closure? Will that decision then go to a courts board and eventually arrive on the Minister’s desk for her to sign off? I hope that she can confirm that. Her officials behind her have just nodded their heads, so it seems as though that procedure would have to be followed. Local JPs are worried that clustering will be the first step towards closure. They particularly think that if each court in the cluster is not appointed a bench legal manager—the person who arbitrates on legal procedure, acts as a channel of communication with the police and Crown Prosecution Service and provides a link between the court’s operational activities and the magistrates—that will lead to the demise of the court. They are also worried that the demise of Sutton magistrates court is being precipitated because there is a shortage of administration staff there, which means that although it has the legal capacity to do more work than it does, it does not have the administrative capacity to support that. The court might therefore appear not to be busy. I can confirm that administrative support is missing; having made repeated attempts to call the court to discuss this issue, I eventually had to find another way to contact the court because the phones were, regrettably, not answered. There are many local concerns, but I shall conclude now to allow my colleague to contribute. We fought and won a battle on this issue three years ago. The arguments that we then deployed in favour of the magistrates court are just as relevant now. We want local justice to be delivered locally by local magistrates, and that is why the court in Sutton must stay open.


Secondary information

Type
Proceeding contribution
Reference
448 c273-5WH 
Session
2005-06
Chamber / Committee
Westminster Hall
Subjects
Closures Magistrates' courts Sutton Greater London Magistrates' Courts Authority
Link
View this Proceeding contribution on www.publications.parliament.uk