Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2012

Lord Marks of Henley-on-Thames Excerpts

Tuesday 8th January 2013 Lords Chamber

[Lord McNally]

I notice that the noble Lord, Lord Bach, again alleged that that commitment was made. It was not made by the previous Lord Chancellor. The commitment was to examine the case for the First-tier Tribunals. As I have reported back to the House on numerous occasions, the decision was that in the circumstances it was far too expensive. It would be nice to have fatal Motions as yet another round in the legislation process, but I ask the House and the Official Opposition to think carefully. If fatal Motions are going to be used in this way, they have great repercussions, not least on our relationship with the other place.

[Lord Marks of Henley-on-Thames]

My Lords, can the Minister confirm that legal aid remains available for advice on appeal from the First-tier Tribunal to the Upper Tribunal in welfare cases? Can he also confirm that where there is a point of law on which an appellant has a reasonable prospect of success, legal aid is and will remain available for the preparation and presentation of an appeal to the Upper Tribunal?

[Lord McNally]

Yes, that is case. It is also worth making the point that some of the noises from the other side make it sound as though the Government have been totally unfeeling and refusing to listen.