Sir Nicholas Dakin
MP for Scunthorpe · Labour · United Kingdom
“My hon. Friend is right. A local library is a very special place. It is a place of potential in every sense of the word by introducing children to the world of reading, shaping young minds through Baby Rhyme Time and giving agency and choice to young readers—no book is the wrong book—but also by helping people of all ages to develop wider…”
“Friend also specifically asked about the Government’s superintendence responsibilities. It is for the local council to determine how it will meet its statutory duty to deliver a comprehensive, efficient library service.”
“Between 1 April 2025 and 31 March 2026, DCMS directly engaged with 40 local authorities, which involved 62 conversations either in person or virtually. None of those conversations took place with Bournemouth, Christchurch and Poole council.”
“This Government are committed to restoring the stability of council funding, but there cannot be cuts of that scale over that period without a significant impact on services, including public library provision.”
“Certainly. It is always a negative thing when libraries’ time is cut, as my hon. Friend the Member for Bournemouth East demonstrated in his speech. It is important that we remember that the Public Libraries and Museums Act 1964 requires all local authorities in England to provide a “comprehensive and efficient” library service.”
“It is important to note that the majority of funding in the local government finance settlement is not ringfenced for a reason. Local leaders are best placed to identify local priorities. It is for them to determine how funds are used to finance their activities to best meet local needs.”
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“I thank the Chair of the Select Committee for his identification of these very good actions that are going on within the prison estate. The Prison Service is keen to encourage all this sort of activity, and I will follow this up with my hon. Friend directly.”
“The sentencing review’s interim report describes the situation at the moment, and it is the first stage of that independent review’s addressing this long-standing issue. Frankly, this is something that the Conservatives spent the last 14 years avoiding tackling. That is— [ Interruption. ] I will leave it there.”
“We heard fully the commitment from the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and the Lord Chancellor that victims are front and centre of our approach to fixing the mess that the Conservatives left us. There is a victims representative on the panel, as the hon. Member well knows. Victims were fully involved and engaged in this. I have sadly met too many victims in this role, and I have encouraged all of them to contribute to the report and committed to them that they will be fully involved in the implementation of the report. Instead of carping from the sidelines trying to get cheap soundbites, it is about time the Conservatives rolled their sleeves up and tried to help us sort out their mess.”
“The Government’s plan to support women offenders is clear and ambitious. To reduce the number of women going to prison, our new women’s justice board will support the implementation of the plan. This Government have taken immediate action to ensure that girls will never again be held in youth offender institutions following the publication last week of Susannah Hancock’s review into girls in the youth estate.”
“I certainly share my hon. Friend’s deep concern about that issue, which she is right to raise. Good relationships between staff and prisoners are essential in our efforts to identify and manage the risks of suicide and self-harm. We are providing specialist support to establishments rolling out tailored investments, including specialised training for new officers, recruiting psychologists to support women, and piloting a compassion-focused therapy group designed for women.”
“This Government inherited a prison system on the verge of collapse. Under the last Government, in 14 years only 500 prison places were produced. Under the last Labour Government, there was a net increase of 27,830 prison places in 13 years. We are redoubling our efforts to match that number.”
“Where they were blocking, we are building, building, building. HMP Millsike, the UK’s first all-electric prison, will open in just a few weeks and deliver 1,500 places. Just last week, the Prisons Minister in the other place attended a groundbreaking at HMP Highpoint, and we have already secured full planning permission for a new prison in Leicestershire and outline planning permission for a new prison in Buckinghamshire. We are getting on with the job.”
“That is why we are doing this big system relook. The right hon. Member is right to draw attention to this. We are going to tackle it and sort it out.”
“I thank the hon. Member for drawing attention to the terrible legacy we inherited from the previous Government. The Prisons Minister in the other place has personally visited three of the prisons that have recently received urgent notifications—Wandsworth, Winchester and Manchester—and plans to visit the fourth as soon as possible. He has strengthened the UN process and meets regularly with governors and senior officials to challenge them and assure himself that sufficient progress is being made.”
“As the hon. Member rightly says, prison officers do an outstanding job. The work of the Prison Service is to make sure they are properly supported and protected in that role, and that is what is going on.”
“We recognise the unique and challenging role that prison officers play in protecting the public and reducing reoffending. The Lord Chancellor has requested advice from officials on the pension age of prison officers, and we will continue to engage with trade unions as we work through this complex issue while considering the wider fiscal context. I am meeting the hon. Member for Aberdeenshire North and Moray East (Seamus Logan) to discuss this important issue next week, and I am very happy for my hon. Friend to join that meeting if he wishes.”
“Let me take this opportunity to pay tribute to the probation service. My hon. Friend is right to draw attention to the chaotic running of the service under the last Government. We are actively monitoring the effectiveness of the probation reset policy and assessing its impact on workload capacity, the time saved, and the increased focus on individuals posing the highest risk to public safety. We recognise the significant pressure that probation officers have been under, which is why comprehensive wellbeing support models have been put in place across our services, including dedicated wellbeing leads for both prison and probation services.”
“We are investing approximately £500 million over two years in prison and probation service maintenance to improve conditions across our estate, but it is fair to say we have inherited a system in serious need of repair. The estimated cost of bringing the prison estate to a fair condition and maintaining it till the end of the decade is £2.8 billion. The programme is now under way, and we hope that we will make as much progress as possible.”
“Their collaboration with justices’ legal advisers, the quality of their training, the mechanisms for allocating and reallocating difficult cases and their contribution in alleviating the burden on all our judges are all critical factors that contribute to a more efficient and effective legal system. By maintaining the involvement of family magistrates in those cases, we can ensure that the best interests of our children, which are what we are all focused on, are upheld and that justice is delivered in a timely and compassionate manner. Question put and agreed to.”
“It is a significant reimagining of private law proceedings, with dedicated support for domestic abuse survivors, up-front multi-agency information sharing and a greater emphasis on the voice of the child through the production of a child impact report. Those proceedings allow our judges, including family magistrates, to have a much richer understanding of a family’s circumstances from the outset and ensure that parties are fully supported by professionals. It is clear that family magistrates are indispensable in hearing private law children’s cases.”
“While we have taken steps to address the underlying issues, which means we are on track to reduce the outstanding caseload by more than 10%, there are still significant challenges facing the system. Family magistrates routinely deal with a number of cases about children. Removing that capacity from the system would fundamentally undermine the effective administration of justice, but more than that, the resultant delays in resolving cases would have a profound impact on the wellbeing of the children involved and on parents seeking to resolve their issues. Furthermore, the Government remain committed to reforming private family law processes where appropriate. Just last week, the Government announced that our new pathfinder model of private family law proceedings will be extended to mid and west Wales in March and to West Yorkshire in June.”
“The system ensures that magistrates handle appropriate cases for which they are trained, while more complex cases are managed at a different level of the judiciary, depending on the issues in the case. The mechanism not only maintains the efficiency of the legal process, but ensures that justice is served appropriately. Family magistrates also play an essential role in the effective functioning of our family justice system. The number of outstanding cases in the system has grown since 2018, and the average time taken for cases reached a high of 47 weeks in 2023 under the previous Government, which is similar to the data the hon. Member shared earlier.”
“Established rules and guidance determine the appropriate level of judiciary based on a number of factors, including the complexity of the case. Cases involving certain complexities will be immediately allocated to other tiers of the judiciary—district judges, circuit judges and, at the most serious level, High Court judges—in accordance with the issued guidance. It is like a lift that the judiciary enter at the appropriate level. The judiciary, including family magistrates, have an ongoing duty to keep allocation decisions under review, particularly if further information is received from the parties and the Children and Family Court Advisory and Support Service. The case can then be reallocated to a more appropriate level of judge depending on the complexity and the issues in the case, and that can happen in the course of proceedings.”
“Marsden, confirms that these advisers play “an integral, and legally required, part of the decision making process.” Justices’ legal advisers provide essential guidance and support to family magistrates, ensuring that decisions are made with a thorough understanding of the complexities of family law, and always prioritising the best interests of the children involved. Nor are family magistrates operating in a vacuum. They rely on assessments carried out by trained professionals for arrangement orders, prohibited steps orders and other key rulings when making arrangements for children. This collaborative approach enhances the quality of the family court’s decisions in these very sensitive cases. Family magistrates do not deal with the most complex cases in the family court.”
“To be appointed as a family magistrate, each individual must undertake training on determining the best interests of the child, navigating the welfare checklists, and ways of communicating with people in court, particularly where there is high conflict. Let me emphasise and underline the role of justices’ legal advisers in assisting family magistrates in these cases. A panel of family magistrates decides cases with the presence and involvement of the justices’ legal adviser. The recent case law, Derbyshire County Council v.”
“This training ensures that family magistrates are prepared to make informed decisions that prioritise the welfare of the children involved. Further information on the college’s training programme can be found on the judiciary’s website. When sitting in the family court, family magistrates are supported by the justices’ legal advisers, who are qualified to provide advice on the law and procedures that family magistrates must follow, and who are also subject to an ongoing family training requirement. All judges, including family magistrates who hear applications for child arrangement orders, are obligated by the Children Act 1989 to have the child’s welfare as their paramount consideration and must undergo extensive training.”
“I am talking about the training that magistrates receive, the role of the justices’ legal adviser, and the robust protocols the family court has for allocating and reallocating cases. I can assure the hon. Gentleman that the quality of training provided to magistrates is of a high standard. To safeguard their independence from Government, the statutory responsibility for training family magistrates rests with the Lady Chief Justice, as set out in the Constitutional Reform Act 2005. These responsibilities are exercised through the Judicial College, which offers a comprehensive training programme to equip family magistrates with the necessary skills and knowledge to handle the intricacies of private law children’s cases effectively.”
“It is crucial that we recognise and preserve their contribution to the family justice system for several compelling reasons, especially in the light of the arguments made by the hon. Gentleman in both his recent article and this debate, suggesting that family magistrates should no longer be able to make child arrangement orders. The House will know that these are family court orders that detail arrangements for a child, including where the child will live and how they will spend time with each parent. The hon. Gentleman has clearly spelled out some of the implications. The Government appreciate the concerns raised by the hon. Gentleman regarding the training of magistrates. However, we believe the existing system has safeguards in place, which I will outline to offer reassurance not only to him but to everyone listening to this debate.”
“Although family magistrates do not have formal legal qualifications, they undergo a rigorous selection and a comprehensive training process that is provided by the Judicial College, and it is worth noting that family magistrates were involved in family proceedings long before the inception of the family court in 2014. Before that, family magistrates in the civil and county courts would sit on family proceedings and make decisions about arrangements for children. There is a long history of that in our law. Family magistrates are recruited from the community and bring a diverse range of impartial perspectives and experiences to the court. This diversity helps to ensure decisions are fair.”
“However, for the purposes of today’s debate, I will use the term “family magistrates”, as it is more widely recognised. The hon. Member is well aware that the family justice system in England and Wales relies on the work that family magistrates do to ensure that the most vulnerable members of society, particularly children, are protected and that their best interests are prioritised. I welcome his words about the importance of magistrates in our justice system, even though he has concerns about the role that they play in this particular area.”
“I congratulate the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) on securing this important debate, and I applaud the thoughtful and considered way that he has approached a very challenging area. I think we all want to mitigate the disruption and pain that family law hearings cause to children, and he is correct to say that we all want to have children’s best interests as the anchor point in everything we do. I applaud the way that he set out his concerns. It is well known that family breakdowns are almost always challenging. At times, disputes are unavoidable and often intense, with children caught in the middle. The family court plays a crucial role in resolving such disputes. I want to clarify that magistrates who sit in the family court are formally referred to as “lay justices”.”
“Section 18 of the Senior Courts Act 1981 and section 35 of the Judicature (Northern Ireland) Act 1978 were amended by the 1996 Act. When read at face value, those sections currently suggest that High Court decisions made under the 1996 Act can be appealed to the Court of Appeal only if expressly permitted in the 1996 Act.”
“The amendments made to section 67 by clause 11 also provide that evidence taken by an arbitral tribunal should not be reheard by the court. This will avoid these challenges from becoming full re-hearings, departing from the precedent set in the case of Dallah v. Pakistan. Re-hearings can involve duplication of time and costs, and it can be unfair to allow a party who lost before the tribunal a complete rerun. Clause 12 amends section 70 of the 1996 Act, which governs how arbitral awards can be challenged before the courts. It will clarify that the 28-day time limit for such a challenge will start running only after any arbitral process of appeal or correction has concluded. Clause 13 concerns appeals from High Court decisions and corrects a rare drafting error in the 1996 Act.”
“When the court has a jurisdiction challenge in front of it, it will have two new options: to declare the arbitral award to be of no effect, or to return the matter to the arbitral tribunal for consideration so that a revised award can be made. These remedies already exist for other challenges, for serious irregularities and for appeals on points of law, so this provision fixes something of an inconsistency in the 1996 Act. Clause 11 also amends section 67 of the 1996 Act. It will confer a power for rules of court to provide that, unless necessary in the interests of justice, there should be no new grounds of objection and no new evidence put before the court unless it was not reasonably possible to put them before the tribunal.”
“Clause 9 will amend section 44 to make it clear that such court orders are also available against third parties. For example, the court will be able to make an order preserving assets against a third party such as a bank. This will mirror the position in court proceedings. Clauses 10, 11 and 12 concern powers of the court in relation to an arbitral award. An arbitral tribunal can issue an award on whether it has jurisdiction, and it can issue an award on the merits of the dispute. Either type of award can be challenged under section 67 of the Arbitration Act 1996 on the basis that the arbitral tribunal did not have jurisdiction. Clause 10 will equip the courts with the full suite of remedies for section 67 challenges.”
“Such arbitrators can make orders on urgent matters, such as the preservation of evidence, pending the constitution of the full arbitral tribunal. Emergency arbitrators were not commonplace when the 1996 Act was drafted, so it is important that we now expressly empower them. Clause 8 will provide that failing to comply with an order made by the emergency arbitrator will have the same consequences as those for a normal arbitrator. Clause 9 concerns interim court powers exercisable in support of arbitral proceedings. Under section 44 of the 1996 Act, the court can make orders in support of arbitration proceedings on certain matters—for example, the taking of witness evidence, the preservation of evidence, sales of goods and interim injunctions.”
“Clause 7 will confer an express power on arbitrators to make an award on a summary basis—that is, adopting an expedited procedure—to dispose of an issue where an arbitrating party has no real prospect of succeeding on that issue. This aligns with the summary judgments available in court proceedings and will deliver more efficient arbitrations. This power can be exercised on application by any of the parties. The procedure to be adopted is not prescribed. It will instead be a matter for the arbitrator to decide on a case by case basis after consulting with the arbitrating parties. Clause 8 concerns emergency arbitrators. Arbitral rules sometimes provide a regime for the appointment of emergency arbitrators on an interim basis.”
“The other is is by invoking section 32 of that Act, which allows the court to decide whether the tribunal has jurisdiction as a preliminary point. Clause 5 makes clear that if the tribunal has already ruled on its jurisdiction, any challenge must be brought through section 67. Clause 6 provides that where the arbitral tribunal or court rules that the tribunal has no jurisdiction, that tribunal can nevertheless award the costs of the arbitration proceedings up until that point. This will ensure that if a party wrongly starts arbitration, they can still be held responsible for the wasted costs incurred. Clauses 7, 8 and 9 deal with arbitral proceedings and the powers of the court.”
“Clauses 3 and 4 will reassure arbitrators that they can take the right decisions in their proceedings without fear of reprisal from a disappointed party. Clause 3 provides that an arbitrator will not be liable for the costs of an application to court for their removal unless the arbitrator has acted in bad faith. Clause 4 provides that an arbitrator’s resignation does not give rise to any liability unless the resignation is shown by a complainant to be unreasonable. Clauses 5 and 6 both concern jurisdiction. There are two ways for a party to question the jurisdiction of the arbitral tribunal. One way is to wait until the tribunal has issued a ruling and then challenge that ruling under section 67 of the Arbitration Act 1996, which allows a challenge to an arbitral award on the basis that the tribunal lacked jurisdiction.”
“Clause 1 will not apply where the agreement is derived from standing offers of arbitration contained in treaties or foreign domestic legislation, as with investor-state arbitration, for example, as these are better underpinned by international law and foreign domestic law respectively. Clauses 2, 3 and 4 make provision in relation to the arbitral tribunal. Clause 2 requires an arbitrator to disclose circumstances that might reasonably give rise to justifiable doubts as to their impartiality. It will apply prior to the arbitrator’s appointment, when they are being approached with a view to appointment. It will be a continuing duty that also applies after their appointment. This codifies the duty of disclosure recognised by the Supreme Court in its decision in Halliburton v. Chubb and will enhance trust in arbitration.”
“By way of simple illustration, if someone arbitrates in London, by default the applicable law would be English law. Whereas the common law approach is complex and uncertain, the new approach in clause 1 is simple and predictable. It reduces the prospect of satellite litigation to determine governing law, which can be slow and costly. Where the arbitration takes place in London, as is the choice in so many international arbitrations, by default the arbitration will be fully supported by English law. For the avoidance of doubt, I would like to add that an express choice of law to govern the main contract rather than the arbitration agreement is not enough.”
“It is a pleasure to serve with you in the Chair, Ms Nokes. On account of the Bill’s 18 clauses being grouped together, I will speak to them in numerical order. I begin with clause 1, which contains one of the Bill’s key reforms: provision for determining the governing law of an arbitration agreement. This is important because different governing laws may give different answers to important questions such as who is party to the agreement and whether the type of dispute is capable of being arbitrated. Clause 1 will determine the governing law of the arbitration agreement by replacing the common law approach established in Enka v. Chubb with a new statutory rule. The law governing the arbitration agreement will be the law expressly chosen by the parties. Otherwise, it will be the law of the seat.”
“There has been massive engagement with parties interested in this Bill. The Bill began in the last Parliament, to which I am grateful for the work already done. It began in the Lords, who engaged fully with parties at that stage. The Lords have had to restart the Bill in the new Parliament, so they have had two bites at the cherry, and all the feedback from stakeholders has been very positive. I thank my hon. Friend for drawing that out in this debate.”
“Clauses 2 to 18 ordered to stand part of the Bill. The Deputy Speaker resumed the Chair . B ill reported , without amendment. Third Reading”
“This is why all parties to a small money claim in the county court are now required to attend a free one-hour mediation appointment with His Majesty’s Courts and Tribunals Service’s small claims mediation service as an integrated step in the litigation journey. This reform will help thousands of people and businesses each year to resolve their legal disputes without the need for a court battle. We will continue to work to drive the uptake of dispute resolution throughout the justice system to allow parties to resolve their disputes more consensually and at an earlier stage. That concludes my responses to the points raised during the Committee of the whole House. I once again thank all those who have contributed to the debate. Question put and agreed to . Clause 1 accordingly ordered to stand part of the Bill .”
“Following the Paccar judgment, concerns have been raised about the need for greater regulation of litigation funding agreements and greater safeguards for claimants. This is therefore an opportune moment to review the status of the market. The review is being undertaken by the Civil Justice Council, supported by a wider consultation group of experts across this area. The final report and recommendations will be published in the summer of 2025, after which the Government will consider the way forward. The hon. Member also mentioned mandated mediation, and I will try to pick that up as well. The Government agree that dispute resolution, such as mediation, has a key role to play in ending disputes more quickly and cheaply.”
“As I mentioned during the Bill’s Second Reading debate, arbitral corruption is not the result of our domestic framework, which provides several effective remedies to quash corrupt practices. We support sector initiatives to enhance anti-corruption practices such as the International Chamber of Commerce’s anti-corruption taskforce, and we will push for the adoption of best practices as they are developed. The hon. Member also raised third party litigation and funding issues. The Government have carefully considered the impact of the UK Supreme Court judgment in Paccar, and have decided to wait for the outcome of the Civil Justice Council review before deciding whether to legislate. A comprehensive review of the market will allow us to take a wider range of factors into account.”
“I give my sincere thanks to hon. and right hon. Members on both sides of the House for their contributions today to what has been a succinct and precise debate. We are all agreed that this is an important step forward, and I am particularly grateful to the Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), and the Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), for welcoming the improvements to the Bill and recognising that they have been the work of many people in the Lords and the Commons as well as of contributors from outside, as my hon. Friend the Member for Harlow (Chris Vince) reminded us earlier. The hon. Member for Bexhill and Battle raised the important issue of corruption.”
“I conclude by highlighting again the importance of this Bill for the arbitration sector and for UK economic growth more generally. We have a proud history of arbitration on these shores—a point that I covered in some detail on Second Reading. Since the 1996 Act came into force almost 30 years ago, the UK has been the chosen arbitral location for many thousands of disputes from across the world. This House can be confident that the modernisation in the Bill will enable our jurisdiction to continue playing that vital role for many years. This is very much a growth Bill—a growth Bill from a growth Government. I therefore commend the Bill to the House.”
“This Bill has greatly benefited from the input of experts and practitioners from across the arbitration community. Their contributions were made both through the Law Commission consultations and during evidence-taking by the former Arbitration Bill’s special Public Bill Committee. As has been recognised by both Houses, it is vital that our modernised arbitral law works effectively in practice. This has been made possible by the involvement of those who will use this legislation once it comes into force. Lastly, I put on record my thanks to the officials who have worked on this Bill since it was introduced in the last Parliament. I thank the policy lead, Lee Pedder, the Bill manager, Iona Bonaventura, and Helen Hall from the Office of the Parliamentary Counsel. I also thank my excellent private secretary, Gillian Atkinson.”
“I wish to give special mention to Lord Bellamy, who first introduced these important reforms to Parliament as a Justice Minister under the previous Government. Of course, we owe a debt of gratitude to the Law Commission for its exceptional work reviewing the Arbitration Act 1996 and recommending the reforms that are being taken forward in the Bill. Professor Sarah Green and her colleagues at the commission have led what can only be described as a masterclass in public consultation and law reform. I particularly thank Dr Nathan Tamblyn for his work leading the commission’s review, and for the support he gave the Ministry of Justice in taking forward this legislation. It is fair to say that no one knows the Arbitration Bill better than Nathan. His contributions to this area of the law will, no doubt, have a long-lasting and positive effect.”
“I also thank the many noble Lords who have given this Bill and its predecessor in the last Parliament such thoughtful consideration. Without their input and expertise, the Bill would not be so finely tuned. I pay tribute to the former special Public Bill Committee, which marshalled expert evidence from the sector, the judiciary and the world of academia. That Committee was ably and expertly led by Lord Thomas of Cwmgiedd. I am also grateful to all the other noble and learned Lords who have contributed to the passage of both Arbitration Bills in the other place, particularly Lord Hacking, Lord Wolfson of Tredegar, Lord Verdirame, Lord Beith, Lord Hoffmann, Lord Hope of Craighead and Lord Mance.”
“I beg to move, That the Bill be now read the Third time. Let me first thank all Members of this House and the other place who have spoken in support of this important Bill and the reforms within it. I am particularly grateful for the support expressed on Second Reading by the hon. Members for Bexhill and Battle (Dr Mullan), and for Didcot and Wantage (Olly Glover); the hon. Member for Eastbourne (Josh Babarinde) has added his approval today as well. I am also grateful to all the hon. and right hon. Members who contributed to this afternoon’s Committee proceedings. It is encouraging to see enthusiasm on both sides of the House for further improving our already world-leading arbitral framework, and for the business that those changes will generate.”
“Parties can request that our courts determine a preliminary matter in the arbitration, such as jurisdiction, or later challenge an award produced by arbitration. Arbitrators can similarly apply to the courts to assist their proceedings, such as by enforcing their orders. At the same time, the regime of court support is carefully balanced to prevent parties from dragging their feet and re-litigating cases. This gives parties huge confidence that arbitrations taking place in our jurisdiction are both efficient and fair. Many of this Bill’s reforms are designed to build on the strengths of the 1996 Act. I will now go through the key clauses, because I can tell that Members are deeply interested in checking through the detail so that, should we move to a vote, we know exactly what we are voting on.”
“As such, this Bill was introduced in the other place at the very earliest opportunity in July 2024, as one of the first acts of this Government after the general election. I am pleased to see the Bill finally arrive in this House, as I am sure you are, Madam Deputy Speaker. It is worth saying that the 1996 Act boasts some key strengths. It provides flexible procedures that allow parties to shape proceedings to best suit them. Parties can, for example, arbitrate their dispute with one of our jurisdiction’s many world-leading arbitral institutions, which have developed procedures that parties trust will deliver a fair and timely outcome. Our current framework also permits effective recourse to our courts, where needed.”