Heidi Alexander MP: speeches 2024

Speeches

• 21 Nov 2024 · Strategic Lawsuits Against Public Participation · Hansard source

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  The right hon. Gentleman also pre-empts the next part of my speech. I am very happy to tell the House that I am keen to consider a range of non-legislative measures—procedural measures in the court—while not ruling out the possibility of legislation in future, but I want to take time to look at what options will work best. As I said, we are also paying close attention to evolving approaches to SLAPPs in other jurisdictions, notably following the adoption of the Council of Europe’s recommendations on SLAPPs, which were concluded last year. Legislation is not the only weapon in our arsenal to deal with abuse of the system. The Solicitors Regulation Authority has already taken action. Its updated warning notice on SLAPPs in May this year reminded solicitors and law firms of their duties and the serious consequences of breaches of those duties, with new fining powers of up to £25,000 when a regulated firm or individual does not meet its professional standards. The SRA also published guidance for members of the public who may have been targeted by a SLAPP, including details of how to report the activity so it can be investigated and dealt with promptly. Up until May this year, the SRA had received a total of 71 reports on SLAPPs, and two cases have been referred to the Solicitors Disciplinary Tribunal. We remain engaged with legal service regulators on this important subject. I am clear that where UK law firms or practitioners are accused of breaching their duties, it is important that regulators can hold them to account and tackle poor conduct. I therefore welcome the work of the SRA in doing that. The SLAPPs taskforce, referred to by the right hon. Member for Maldon (Sir John Whittingdale), was, as he will know, launched in September last year to support journalists who are working to investigate and publish stories in the public interest. The taskforce sits within the framework of the National Committee for the Safety of Journalists, and has worked on non-legislative measures to protect public interest journalism from SLAPPs, alongside the measures in the Economic Crime and Corporate Transparency Act. The DCMS is engaged on this issue. The Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Barnsley South (Stephanie Peacock), will be meeting members of the SLAPPs taskforce later this month to discuss progress, including how data collection and sharing has improved understanding of the prevalence of SLAPPs experienced by the media profession. I am confident in the careful and considered approach that this Government are taking to the issue of SLAPPs. It is important that we listen closely to the differing views on this topic and that any action we take is proportionate. That involves considering a range of options for longer-term reform that accounts for the diversity of views expressed by stakeholders and those targeted by these abhorrent actions. To echo the Prime Minister, behaviour that makes use of SLAPPs is intolerable and we will tackle it to protect investigative journalism and free speech, while also ensuring access to justice. I again thank my hon. Friend the Member for South Dorset for championing this critical issue and all those who tirelessly campaign against abuse of our legal system and for freedom of speech. Nothing could be more important.

• 21 Nov 2024 · Strategic Lawsuits Against Public Participation · Hansard source

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  I associate myself with the shadow Minister’s lovely remarks about Lord Prescott. John was a political giant, and I am sure I speak for the whole House in sending our thoughts and condolences to his family. I congratulate my hon. Friend the Member for South Dorset (Lloyd Hatton) on securing this debate. I also thank the Backbench Business Committee for giving us the opportunity to debate this vital subject so early in this Parliament. We have had a good debate today, and I have always thought that Backbench Business debates lend themselves well to issues where there is general cross-party consensus that a problem exists but where we need thoughtful, forensic consideration about how to move forward with sensible, workable proposals. I echo the comments of the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), on how good it is to hear the wisdom of long-standing Members, such as the right hon. Members for Maldon (Sir John Whittingdale) and for New Forest East (Sir Julian Lewis) and the hon. Member for Strangford (Jim Shannon), while also hearing powerful contributions from newly elected Members, particularly the hon. Members for West Suffolk (Nick Timothy), for Tiverton and Minehead (Rachel Gilmour) and for Aberdeenshire North and Moray East (Seamus Logan) and my hon. Friend the Member for Kensington and Bayswater (Joe Powell). I am happy to meet the hon. Member for Aberdeenshire North and Moray East, although I would also like to discuss with the Department for Business and Trade whether it might be more appropriate for him to meet a Minister from that Department, given that the matters he raised relate primarily to non-disclosure agreements. SLAPPs represent an abuse of our legal system. They curtail free speech, have a chilling effect on public interest journalism and pose a threat to our democracy. As we have heard today, they are characterised by the use of threatening tactics or actions to silence those who exercise their right to free speech on issues in the public interest. These cases often involve an acute imbalance of power where those with deep pockets use their wealth and influence to silence journalists, academics and others who are committed to raising issues that need to see the light of day. These powerful actors do so by abusing the legal system to suppress information on which we collectively rely. True accountability and transparency in a functioning democracy can be achieved only through free speech and a free press that upholds the highest journalistic standards while challenging abuses of power without fear of financial ruin. As the Prime Minister recently wrote: “This is a government that will always champion press freedoms. We believe in being held to account.” That must apply to everyone, irrespective of wealth or position. The Government understand the profound financial and psychological impact of SLAPPs. Such actions have enormous consequences for the wellbeing and the very livelihoods of those on the receiving end of them, because SLAPP conduct is not about winning a legal argument or remedy. Instead, a SLAPP seeks to exhaust a defendant so that they withdraw their investigation or public commentary. That was very clear in the responses received to the 2022 call for evidence run by the previous Government. SLAPPs also impact the standing of our legal system. That system, underpinned by the quality of our legal services and independent judiciary, is held in the highest esteem internationally. The legal services sector contributes £34 billion to our economy each year. We must not allow our world-renowned system to be abused for improper purposes. I must emphasise that the vast majority of legal professionals in this jurisdiction operate with the utmost honesty, professionalism and respect for the rule of law. However, the small minority who abuse our system by bringing SLAPP claims risk undermining its integrity and reputation. By their very nature, SLAPPs rarely reach court. Claimants ensure that by racking up pre-litigation costs so as to make defending the case beyond the reach of those targeted, often journalists investigating wrongdoings in the public interest. There are detailed accounts of how aggressive letters put pressure on targets to remain silent, proceedings are brought in multiple jurisdictions to ramp up risk for defendants, and disproportionate costs are claimed in relation to the remedy sought. Apart from the distress obviously caused to those exercising their right to free speech, in media cases resources are diverted as press outlets’ in-house lawyers are forced to spend hours poring over a defence, instead of publishing material of real interest. In the case of freelance journalists without insurance or academics, there is often no legal resource at all for them to get advice from when a threat from a SLAPP claimant comes in. Defendants are often unable to take on the risks associated with fighting the lawsuits in court, usually because of the exorbitant costs they would have to pay to the claimant if they were unsuccessful in defending their case. Time-sensitive reporting is also hindered when a SLAPP is issued, as it prevents the journalist from revealing critical information while the case is ongoing. We cannot accept that chilling effect on public interest journalism and the prevention of other information in the public interest seeing the light of day. To their credit, the previous Government introduced legislation to tackle SLAPPs that relate to economic crime in the Economic Crime and Corporate Transparency Act 2023, which received Royal Assent towards the end of last year. We supported the SLAPPs provisions in the Act in opposition, and I am proud that we are the first country to legislate against SLAPPs at national level. The Act introduced a statutory definition of a SLAPP and required the Civil Procedure Rule Committee to develop a new early dismissal process to strike out SLAPPs without merit, and to develop rules providing cost protection for defendants who are subject to a SLAPP. I thank the CPRC’s SLAPPs sub-committee, which has been working hard on developing these rules. We expect its work to conclude early next year. The CPRC will then consider the matter, and once recommendations are adopted there will be clear court procedure in place to deal with these abusive lawsuits where they relate to allegations of economic crime. The measures will go some way towards tackling this abusive practice. The Government understand that SLAPP claims are used to suppress public interest information beyond just economic crime. We have heard many examples today that illustrate the range of subjects they can cover. The right balance has to be struck between access to justice and the right to free speech. There will always be legitimate defamation claims, and any intervention must be proportionate and targeted appropriately. I am clear that this is a complex area and we should not legislate in haste, only to find ourselves with unworkable legislation with unintended consequences. We do not currently intend to legislate in this parliamentary session, but we are continuing our work to consider how best to tackle wider abuses of the system in the longer term.

• 21 Nov 2024 · Strategic Lawsuits Against Public Participation · Hansard source

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  The hon. Gentleman pre-empts the next section of my speech. We saw, during the passage of the private Member’s Bill before it fell on Prorogation, that there are strong and differing views on SLAPPs. I understand that there were still unresolved issues before Prorogation. The former Member for Caerphilly, Wayne David, the promoter the Bill, was a very good friend to me when I was previously in this House. I know there are current Members who would like me to just pick up where he left off, but I do not think it is quite as simple as that. I have read Hansard carefully and deliberately to ensure that I am aware of views across the House on this topic. I will also be meeting colleagues from the Foreign, Commonwealth and Development Office, the Department for Culture, Media and Sport, and the Home Office shortly to ensure we have a robust and joined-up response across Government. This is an important and complex issue, where fundamental principles of free speech and justice are at play, so it is imperative that we take the time to get this right. Our immediate focus, therefore, will be on the implementation of the Economic Crime and Corporate Transparency Act provisions. Our future approach to SLAPPs reform will be informed by monitoring the operation of the new procedural rules when they come in. We continue to build our evidence base, taking into account the views of stakeholders that were raised during debates on the private Member’s Bill. I also invite parliamentarians to continue engagement with us as we consider longer-term options to tackle SLAPPs beyond economic crime.

• 20 Nov 2024 · Draft Judicial Pensions (Amendment) Regulations 2024 · Hansard source

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  I beg to move, That the Committee has considered the draft Judicial Pensions (Amendment) Regulations 2024. It is an honour to serve under your chairmanship, Mr Betts. This is my first Delegated Legislation Committee as a Minister. In fact, this is my first speech in this House since the general election. It is somewhat of an unexpected pleasure to be speaking on the subject of judicial pensions. The draft statutory instrument amends a number of the judicial pensions regulations, and specifically the Judicial Pensions (Fee-Paid Judges) Regulations 2017, referred to as the FPJPS regulations; the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023, referred to as the 2023 FPJPS amendments; the Judicial Pensions Regulations 2022, referred to as the JPS22 regulations; the Judicial Pensions Regulations 2015, referred to as the JPS15 regulations; and the Public Service Pensions Act 2013 (Judicial Offices) Order 2015, referred to as the judicial offices order. I hope the Committee is keeping up. The judicial pension scheme is made up of a number of historical pension schemes. Since April 2022, the only scheme open for pension benefit accruals is the judicial pension scheme 2022. All preceding judicial pension schemes closed to further accruals on 31 March 2022, but the older schemes are still relevant, as the majority of judges have service extending across multiple schemes. The FPJPS regulations established the fee-paid judicial pension scheme. The JPS15 and JPS22 regulations established the judicial pension scheme 2015 and the judicial pension scheme 2022 respectively. The amendments in the draft regulations will make a range of changes to improve and, where necessary, correct the running of those schemes, in line with statutory requirements and actuarial advice. By their nature, the draft regulations are highly technical. In essence, the amendments to the existing schemes do the following. First, they provide for an employer cost cap in the judicial pension scheme 2022, following the completion of the scheme valuation in February 2024. Secondly, they add further eligible judicial offices to the appropriate pension scheme, where that eligibility has now been determined. Thirdly, they extend a number of deadlines for member elections under the fee-paid judicial scheme. Fourthly, they extend powers to reconcile amounts that were paid to judges whose pre-2000 service must now be taken into account as a result of the O’Brien 2 litigation, in respect of those new, pre-2000 entitlements, with their formal entitlements for that period. Finally, a number of technical changes are required to facilitate the smooth running of the pension schemes. I shall cover each of those points in more detail. The amendments provide for inclusion of a cost control mechanism—CCM, for short—in the JPS22 regulations. That is a statutory requirement under the Public Service Pensions Act 2013 for all public sector pension schemes. That must be included by 6 February 2025, one year on from the first actuarial valuation of the scheme by the Government Actuary’s Department. The CCM is designed to ensure a fair balance of risk with regard to the cost of providing public service defined-benefit pension schemes between members of those schemes and the Exchequer. That is partly achieved through setting an employer cost cap. If, when the overall CCM is tested, costs have increased or decreased by more than a specified percentage of pensionable pay compared to the employer cost cap, member benefits and/or member contributions in the relevant scheme are adjusted to bring costs back to target. That could mean, for example, that a member’s contribution rate could go up or down. However, the mechanism is designed with the intention that that would be triggered only by “extraordinary, unpredictable events”. The amendments also add a number of judicial offices into the FPJPS, JPS15 and JPS22, where their eligibility for a judicial pension has been determined. That will allow those members to accrue pensions in the correct scheme for their office and, where applicable, to have access to retrospective entitlements in JPS15 and JPS22, enabling members with service in those offices to access the benefits they are entitled to and to make the correct contributions to the scheme. A number of deadlines are also being extended for member elections in the FPJPS. Following the O’Brien 2 judgment, the scheme was amended in 2023 to take into account eligible service prior to 7 April 2000, in order to mirror pension entitlements for the salaried judiciary. The 2023 amendments set deadlines by which eligible members must make an election concerning their FPJPS pension provisions and purchase additional pension benefits that they were entitled to following the O’Brien 2 judgment. We are now extending those deadlines to allow more time for the scheme to engage with eligible members, in order to give members the time and information needed to make an informed choice. In advance of the FPJPS regulations’ being made, the Ministry of Justice made interim payments in lieu of pension, known as PiLs, to eligible judges, to provide an approximation of the remedy they would likely receive once the legislation was in place and operationalised. The regulations included a power to reconcile those payments with the actual amounts of pension owing. The power allowed the MOJ, once the regulations were in force, to either recover any excess PiLs payments made, or pay out further pension where PiLs had been underpaid. Following the O’Brien 2 litigation, this power was extended by the 2023 FPJPS amendments to permit the MOJ to reconcile PiLs paid to judges in relation to their pre-2000 service, where those amounts were paid before 1 April 2023, the date on which the 2023 FPJPS amendments came into force. However, exact pension entitlements could not be calculated immediately from 1 April 2023, due to operational constraints, so payments continued to be made on an approximated basis after that date, albeit that they were paid as pension rather than PiLs. Therefore, the amendment regulations before us extend the reconciliation powers to permit MOJ to continue to reconcile the approximated pension payments made to judges from 1 April 2023 in respect of their pre-2000 service. Finally, a number of further technical amendments to the FPJPS and to JPS22 correct typographical errors and cross-references to ensure that the regulations reflect the policy intention. Additionally, the FPJPS regulations included a voluntary fee-paid judicial added benefits scheme when it came into force; this was amended in 2023 to reflect the O’Brien 2 remedy. The scheme is highly technical, and in operationalising it we have identified the need to amend the scheme again to simplify its structure, make some clarifications and corrections, and include updated actuarial factors for determining cost and conversion values for added units of benefit. This will allow the scheme to run more smoothly and will better reflect the original intention to mirror the provisions available to relevant salaried comparators I turn now to the consultation that we have undertaken on these amendments. On 19 February 2024 the MOJ opened a consultation on the proposals, which closed on 14 April. There were six responses, which were of a technical nature, with no objections to the content of the amendments. On 14 October the Government response was published, setting out that no further changes to the amendments were needed to address the responses. Officials in the devolved Administrations in Scotland, Northern Ireland and Wales have been kept apprised of the development of the amendment regulations, in particular in relation to the offices whose jurisdictions are in those countries, and their views have been reflected in the drafting. The Secretary of State for Scotland was also consulted. Subsequent to the consultation, the MOJ identified the need for additional amendments to extend the reconciliation powers and to further extend certain deadlines. It engaged the senior judiciary on these matters, which also resulted in no objections to the amendments. In conclusion, I assure Committee members that the amendments set out in this statutory instrument are necessary to improve and correct the running of the judicial pension schemes, to meet our statutory duty to insert a cost cap mechanism and, together with other measures on judicial pay and pensions, to help ensure that we can continue to support our outstanding independent judiciary.

• 20 Nov 2024 · Draft Judicial Pensions (Amendment) Regulations 2024 · Hansard source

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  I am grateful to the shadow spokesperson for his support and brevity, and I am sure all members of the Committee endorse that comment. With that, Mr Betts, I hope you agree that this statutory instrument is necessary, and I commend it to the Committee. Question put and agreed to.

• 5 Nov 2024 · Topical Questions · Hansard source

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  This Government recognise the difficulties that parents and guardians of young people who lack mental capacity can face in accessing their child trust fund. I recently met the hon. Member’s colleague, the hon. Member for Horsham (John Milne), and his constituent about this issue. The Government will consider what can be done in a way that safeguards those who lack capacity.

• 5 Nov 2024 · Topical Questions · Hansard source

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  I understand why the hon. Lady raises that issue, but transcripts must be 100% accurate. They are legal documents, so “good enough” simply does not cut it. I will review what technology is available, and I am happy to keep her updated.

• 5 Nov 2024 · Topical Questions · Hansard source

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  We will publish our response to the “Crime Lower” consultation in a matter of weeks. I anticipate being able to publish the CLAAB report at that stage, and some of the documents relating to the review of civil legal aid before the end of this year.

• 5 Nov 2024 · Topical Questions · Hansard source

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  The Government have made it clear that we are fully committed to bearing down on the Crown court caseload. To relieve pressure on Ipswich Crown court in particular, the south-east region has begun sending appropriate cases to Cambridge Crown court for hearing. Nationally, we have increased the number of Crown court sitting days to 106,500, which is 500 more than agreed by the previous Lord Chancellor.

• 5 Nov 2024 · Topical Questions · Hansard source

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  Some cases are eligible for legal aid under exceptional case funding. If my hon. Friend writes to me with the details of the case, I will come back to him with any advice that I can offer.

• 5 Nov 2024 · Topical Questions · Hansard source

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  As my hon. Friend will know, we are doing everything we can to bear down on the Crown court caseload, including extending magistrates’ sentencing powers. The Budget also confirmed 106,500 sitting days for this year.

• 5 Nov 2024 · Single Justice Procedure · Hansard source

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  I have listened carefully to concerns raised about the single justice procedure. As a first step, I have asked the Courts and Tribunals Service to redesign the SJP notice and make it clearer. I will also call in SJP prosecutors to discuss ways in which we can ensure that they consider the public interest in advance of making prosecutions.

• 5 Nov 2024 · Single Justice Procedure · Hansard source

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  I will raise the evidential questions that my hon. Friend raised with representatives of the train operating companies when they and other SJP prosecutors join me in discussions in the next few weeks. I am clear that the single justice procedure is vital for the efficient running of the magistrates court. However, it must operate fairly and effectively. I will not tolerate poor practice, and I will not hesitate to fundamentally reform the system if that is required.

• 5 Nov 2024 · Crown Court Backlog · Hansard source

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  We are currently operating 18 Nightingale courts in eight different locations, and we continue to recruit to the judiciary. The Conservatives cannot wash their hands of responsibility for the Crown court backlog. It was rising before covid. They closed more than 260 court buildings. They express concern now, but there was scant evidence of that in the 14 years they were in power.

• 5 Nov 2024 · Crown Court Backlog · Hansard source

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  I agree. This Government inherited a record and rising Crown court backlog. We walked into a criminal justice system on the brink of collapse, with our prisons overflowing and our courts buckling under the weight of demand. While we cannot fix this mess overnight, we will do everything we can to ensure swift justice for victims and to restore faith in the entire system.

• 5 Nov 2024 · Crown Court Backlog · Hansard source

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  We are funding 106,500 Crown court sitting days this financial year—500 days more than the previous Government originally agreed. To reduce the number of cases that end up at the Crown court, we are also extending magistrates’ sentencing powers to up to 12 months for an individual offence.

• 5 Nov 2024 · Crown Court Backlog · Hansard source

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  Legal aid is a vital part of the justice system, and it underpins our plans to build a justice system that works fairly for all parties. The previous Government left the civil and criminal legal aid markets in dire straits and facing significant challenges. We intend to publish our response shortly to the “Crime Lower” consultation, which relates to the fees paid to duty solicitors in police stations among other things, and we will follow up on that with our response to the Law Society’s successful judicial review of the previous Government’s decision on criminal legal aid fees.

• 5 Nov 2024 · Crown Court Backlog · Hansard source

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  If the hon. Gentleman writes to me with specific details of the issues in his local magistrates court, I will raise those with His Majesty’s Courts and Tribunals Service. We were successful in securing a £177 million increase in capital spending for the Ministry of Justice in last week’s Budget. That will cover expenditure on prisons and courts.

• 5 Nov 2024 · Register of Judgments, Orders and Fines · Hansard source

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  My hon. Friend raises some interesting points and, as he is, I am always very keen to help people in Swindon. Our focus is on responding to the consultation on including claimant data on the register, which would improve financial inclusion by helping people to resolve judgment debts. Once our response has been published and any reforms regarding claimant data are implemented, we will consider any wider reforms.

• 5 Nov 2024 · Register of Judgments, Orders and Fines · Hansard source

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  The register plays an important role in helping lenders assess credit worthiness and enhancing financial transparency. These objectives seek to support vulnerable debtors by encouraging and enabling responsible borrowing. A consultation on including claimant data on the register closed recently. Responses to it were very positive and I hope to announce a way forward imminently.

• 5 Nov 2024 · Legal Aid · Hansard source

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  Legal aid is a vital part of the justice system. It underpins our plans to build a justice system that works for victims, supports access to justice and upholds the rule of law. We are looking carefully at the evidence gathered as part of the review of civil legal aid, which covered issues such as demand, fee levels and the geographic provision of services.

• 5 Nov 2024 · Legal Aid · Hansard source

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  My hon. Friend has significant experience of working in the legal aid sector, and she is right to highlight the importance of good quality legal advice to resolving a whole range of social welfare problems. We are looking at how to improve access to early legal advice and support, but she will appreciate the challenging financial outlook that we are grappling with. I will raise the administrative issues in relation to the Legal Aid Agency with its chief executive.

• 5 Nov 2024 · Legal Aid · Hansard source

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  I am grateful to the hon. Gentleman for his question. I have yet to have those conversations with my counterparts in Northern Ireland, but I hope to do so in the coming months.

• 10 Sept 2024 · Court Backlog · Hansard source

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  I hear you, Mr Speaker. I welcome the question from my hon. Friend. He will know that His Majesty’s Courts and Tribunals Service keeps the court estate under regular review to ensure that it meets operational requirements. I am afraid there are currently no plans to reopen Hartlepool magistrates court, but I would be happy to meet my hon. Friend alongside officials from HMCTS to discuss his concerns. The reasons behind the increased caseload in our criminal courts are complex and multifaceted, but the number of courtrooms available is not the main constraint we currently face.

• 10 Sept 2024 · Court Backlog · Hansard source

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  It is good to be back. Mr Speaker. The Government are committed to reducing caseloads and bringing waiting times down for court users across all jurisdictions. We continue to keep 18 Nightingale courtrooms open across eight venues, so that we have more physical capacity to hear cases in all jurisdictions. We plan to sit more than 105,000 days in the Crown court and more than 102,000 days in the family court this financial year, enabling us to work through as many cases as possible.