Rules for an online procedure in courts and tribunals

Courts and Tribunals (Online Procedure) Bill [Lords] – in a Public Bill Committee at 9:25 am on 23rd July 2019.

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Photo of Yasmin Qureshi Yasmin Qureshi Shadow Minister (Justice) 9:25 am, 23rd July 2019

I beg to move amendment 1, in clause 1, page 2, line 9, at end insert—

‘(6A) A person’s choice to initiate, conduct, progress or participate in proceedings by electronic means, does not prevent them from then deciding at a subsequent stage to continue by non-electronic means.”

The amendment would allow persons who have started the specified kinds of proceedings by electronic means, to change to non-electronic means.

Photo of Gary Streeter Gary Streeter Conservative, South West Devon

With this it will be convenient to discuss clause stand part.

Photo of Yasmin Qureshi Yasmin Qureshi Shadow Minister (Justice)

It is a pleasure to serve under your chairmanship, Sir Gary.

We have tabled amendment 1 to allow people to continue to conduct proceedings on paper. While we accept the advent of digitalisation and that increased use of the technology available is helpful and appropriate for our court procedures, making matters easier and perhaps saving time, it is also important to ensure that people are aware that they can use conventional paper methods and procedures.

Members will be aware that many members of the public, in particular the older population —I do not mean this disrespectfully—are not very computer savvy. They may not have the internet at home, and they might be confused about the procedures to adopt, where to file things online and whether they have to get the internet installed at home. All those challenges arise, so they must be able at the beginning of proceedings and during the course of proceedings, if it becomes appropriate, to switch to the paper system. The amendment would deal with that issue.

Photo of Paul Maynard Paul Maynard The Parliamentary Under-Secretary of State for Justice

It is a pleasure to serve under your chairmanship, Sir Gary. It is important to recognise, as we all do, that the eyes of the world and the nation are upon us in this room, as we are the most important political event of the day. I am sure we will try to live up to that level of scrutiny.

As we are considering the entirety of clause 1, I will make a few preliminary comments. The clause deals with the foundations of the new approach to the online procedure. It provides that there are to be online procedure rules that require specified civil, family or tribunal proceedings, including proceedings in employment tribunals, and that the employment tribunal should be subject to the online procedure. It allows those kinds of proceedings to be initiated, managed and resolved by electronic means. Rules may provide for all or any part of the procedure for conducting proceedings online, including starting and defending proceedings or participating in hearings. Different rules may be made for different proceedings and for circumstances in which rules are not to apply or cease to apply. This allows flexibility and proportionality in giving effect to all procedure rules and ensuring that the right types of proceedings are supported by the right types of rules.

The clause also permits rules to provide for specified proceedings to be taken in a different court or tribunal from the one that would normally take them, and for central proceedings that would normally be heard in different courts or tribunals to be taken together. To ensure that the online procedures rule committee works for the benefit of all users, the power to make these rules is to be exercised in so far as it ensures that the procedure is accessible and fair, the rules are simple and simply expressed, disputes are resolved quickly and efficiently, and the rules support the use of innovative measures on resolving disputes.

The requirement for clear, accessible, simple and intelligible rules will make it easier for ordinary court users to navigate the system and access justice. Although the rules have been designed to be of particular benefit for ordinary court users, we expect them to be equally helpful for IT technicians and legal practitioners to make overall sense of the underlying framework of the IT and online service. It also strengthens the emphasis on innovative methods of dispute resolution, which might include online tools that support parties in resolving their issues without having to resort to a formal court hearing. The Government believe that these innovative methods are likely to widen access to justice further, to a wider cohort of users than now.

The clause also requires that when the committee make the rules, it must have regard for

“the needs of those who require support in order to initiate, conduct, progress or participate in proceedings by electronic means”,

to ensure that the committee is always aware of people who are digitally disadvantaged. Clause 1 specifies that if the online procedure rules require someone to participate in proceedings by electronic means, the rules must also provide for them to participate by non-electronic means. That was an amendment that the Government added in the House of Lords, and it demonstrates our commitment to paper proceedings.

Clause 1 gives effect the schedule 1, which deals with practice directions. These powers are similar to those that are currently provided in the Civil Procedure Act 1997, the Courts Act 2003, the Tribunals, Courts and Enforcement Act 2007 and the Employment Appeal Tribunal (Amendment) Rules 1996. The powers will enable the Lord Chief Justice or his nominee, with the approval of the Lord Chancellor, to issue practice directions in civil and family proceedings to which online procedures apply.

Amendment 1, which stands in the name of the hon. Member for Bolton South East, is designed to to give users the ability to opt out of using online services at any time, and switch instead to a paper route. Our ambition is to develop online services that are so easy to navigate that, over time, digital channels will become the default choice for the majority of our users. Nevertheless, I absolutely agree that it is right to ensure that people can choose a paper option at different stages throughout proceedings, and vary that choice at different points where that is their preference. I must clarify that the Bill already provides for this—indeed, we amended the Bill in the other place to ensure that this is absolutely clear.

Subsection (6), inserted by the Government amendment in the other place, provides that

“Where Online Procedure Rules require a person to initiate, conduct, progress or participate in proceedings by electronic means”,

the rules

“must also provide that a person may instead choose to do so by non-electronic means.”

Litigants will not be tied to a particular channel. There is nothing in the Bill that requires a litigant who begins proceedings online to continue to do so throughout the entirety of their case. The Government are aware that some litigants might be less able or confident in using some parts of our digital services, so we will allow them to transact with us easily via a mix of paper and digital channels. To be clear, litigants will be able to choose to use paper or online options at different points during the same proceedings if they wish to do so, and Her Majesty’s Courts and Tribunals Service’s approach is built around providing and supporting that choice. The amendment is therefore unnecessary. It does not add anything to the Bill, so I urge her to withdraw it.

Photo of Gary Streeter Gary Streeter Conservative, South West Devon

Order. Mr Lloyd Russell-Moyle has caught my eye. It is usually preferable to speak before the Minister responds and then he can respond to your excellent points as well.

Photo of Lloyd Russell-Moyle Lloyd Russell-Moyle Labour/Co-operative, Brighton, Kemptown

Thank you, Sir Gary. I am sorry for catching your eye a bit late.

The point of amendment 1 is to spell out in the text of the Bill that there is the ability to change pathways of submission during a proceeding. What the Minister has said is reassuring, but we are to have a new Government, probably with many new Ministers, in a few days’ time, and the Bill will last for many generations, so it is prudent to ensure that in 10 or 20 years’ time, when new online systems have superseded the online systems that the Minister talks about, it is very clear in the text of the Bill that people can still change. The amendment is friendly rather than hostile. It does not take anything away, so the Government could simply accept it rather than ask for it to be withdrawn.

Photo of Daniel Zeichner Daniel Zeichner Labour, Cambridge

I, too, apologise for rising at the wrong point, Sir Gary.

I support this friendly amendment. Last year when the Government considered the future of the magistrates court in my city of Cambridge, I visited the courts. A comment consistently made was that new technology was not always reliable. Is the Minister confident that any new system will be robust? In the absence of such confidence, having an alternative is reassuring for many people.

Photo of Paul Maynard Paul Maynard The Parliamentary Under-Secretary of State for Justice

I thank the hon. Member for Brighton, Kemptown for his observation about the new Government. I hope the Bill is not the first to fall victim to a catastrophic U-turn, because that would be a great disappointment to us all.

On the point about the reliability of technology, the Bill is an insurance policy against any unreliability, not because of any particular system being inherently unreliable, but because occasionally someone might not plug something in—it could be as simple as that. I recognise that it is important to have alternative means available.

We could put many provision in the Bill that do not necessarily need to be in the Bill. We cannot see where technology will take us in 10 to 20 years’ time. Who knows? Who foresaw the internet in the early ’80s, for example? The point is that whenever anyone engages with the online systems, the opportunity to use non-electronic means is a clearly advertised joined-up process. It does not need to be in the Bill. Indeed, such a provision might be outdated in a few years’ time.

Also, and more important, the Bill sets up an online procedure rules committee. I do not want to fetter the decision-making powers of that committee on the correct online procedures for every type of case that it deals with. It will have to deal with this question on a case-by-case basis. As much as I love Christmas trees, turning every Government Bill into a Christmas tree on which we hang our own individual baubles is equivalent to erecting a gravestone over our political efforts, so I once again ask that the amendment be withdrawn.

Photo of Yasmin Qureshi Yasmin Qureshi Shadow Minister (Justice)

No one on the Opposition Benches is asking for their own baubles on a Christmas tree. The amendment is sensible and friendly. We want it written into the Bill so that the provision is crystal clear. I therefore want to press the amendment to a vote.

Question put, That the amendment be made.

Division number 1 Courts and Tribunals (Online Procedure) Bill [Lords] — Rules for an online procedure in courts and tribunals

Aye: 7 MPs

No: 8 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Committee divided: Ayes 7, Noes 8.

Question accordingly negatived.

Clause 1 ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.