Birmingham Pub Bombings: Legal Aid

Debate between Baroness Stuart of Edgbaston and Oliver Heald

Wednesday 26th October 2016 Commons Chamber

[Sir Oliver Heald]

What is important is that there should be an element of equality of arms in the sense that the work that needs to be done for the families should be done effectively and in accordance with the funding arrangements put in place by the Legal Aid Agency. Let us be clear that for cases that involve an inquest for which exceptional case funding has been agreed, I have never heard the scheme described as not providing enough funding for particular items of work for lawyers. The point is that there are rules about how people can enter the scheme and, as appears from the decision that has been mentioned, such a case has led to funding.

I want to make the point that the coroner for the Birmingham inquest will be His Honour Judge Peter Thornton, the previous Chief Coroner, and I am sure that he will have the confidence of the families. I am grateful to hon. Members who have spoken in this debate, and I think we will all want to pay tribute to the way in which the families have campaigned.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

May I briefly draw the Minister’s attention to the fact that, for 7/7, there was never any question of a problem with the investigation, but there was such a problem with Hillsborough and with Birmingham? Therefore, unless he now agrees to parity of funding, he will not be addressing the fundamental problem, which is that there was a difficulty with the police investigation. That is what the families object to.

[Sir Oliver Heald]

We may just be talking semantics. I certainly agree that it is important for families with legal aid representation to be able to do what their lawyers think is necessary to conduct their affairs at the inquest properly. If the right hon. Lady is simply saying that the amount of money must be exactly the same for all, I do not think the system would ever work in that way. My own experience of appearing at inquests, as I have in the past, and of appearing in cases is that different rates of pay can be given to different lawyers, but the important thing is that the lawyers should be doing what is necessary, in a competent and effective way, to represent their clients. From what I know of the solicitors who have been granted a legal aid certificate—I am not in a position to say who they are—I do not think that is an issue.