Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Howe of Idlicote Excerpts

Wednesday 18th January 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, my name is attached to Amendments 60 and 61 which were spoken to by my noble friend Lord Ramsbotham. Having listened to the contributions that have been made, it is clear that the whole area needs rewriting. The noble Lord, Lord Phillips, queried the various phrases that are used. Not to hold public bodies to account when they have behaved unlawfully is something which a country that prides itself on decent behaviour should not allow.

[The Earl of Sandwich]

My Lords, I am not sure whether this is the appropriate amendment, but having had some experience of immigration and immigration detention I just wanted to make one point. I know that we are coming on to issues related to that. I declare an interest as a patron of visitors to Haslar detention centre in Portsmouth.

Like others, I understand that the protection of liberty is one of the primary factors in the allocation of legal aid. Yet the advice I have received is that this Bill will fall heavily on the most vulnerable people in our society—asylum seekers and those in detention who are awaiting removal to their home country. In many cases, it will mean that a vulnerable person, perhaps a victim of torture and perhaps as young as 16, will be unable to present their case without access to any formal representation and whose legitimate cries for help under international asylum law will simply be unheard. Applications for bail will be refused even more often than they are today simply because of the lack of legal aid and proper representation, if I have understood the situation right.

I well understand that the Minister has to defend the Government’s position in difficult times but I would like some reassurance that the test of vulnerability under this legislation will be reasonable. Perhaps he could explain how it will conform with international human rights law.