Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how much of their legal aid budget is spent on asylum seekers’ appeals, in (1) percentage, and (2) gross, terms.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Funding for legal aid is on a demand led basis, the Legal Aid Agency (LAA) does not have a specific budget allocation for delivery of legal aid services in relation to specific categories of law. The table below sets out the total expenditure, on a closed case basis, in relation to asylum seekers’ appeals in gross terms and as a percentage of overall legal aid expenditure for the last 10 years.
Financial Year | Asylum Appeal Expenditure (£M) | Total Legal Aid Expenditure (£M) | Percentage of Legal Aid Expenditure spent on Asylum Appeals |
2013-14 | 13 | 2,017 | 0.6% |
2014-15 | 10 | 1,821 | 0.6% |
2015-16 | 12 | 1,650 | 0.7% |
2016-17 | 17 | 1,615 | 1.1% |
2017-18 | 17 | 1,652 | 1.0% |
2018-19 | 16 | 1,665 | 1.0% |
2019-20 | 18 | 1,679 | 1.1% |
2020-21 | 12 | 1,345 | 0.9% |
2021-22 | 12 | 1,656 | 0.7% |
2022-23 | 13 | 1,835 | 0.7% |
Legal aid is generally available for asylum cases, including appeals, under paragraph 30 of Schedule 1, Part 1 Legal Aid Sentencing and Punishment of Offenders Act (LASPO). However, not all cases will qualify for legal aid as eligibility is subject to an assessment of legal merits of the case and of the applicant’s financial resources.
Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answer by Baroness Scott of Bybrook on 31 March (HL7587), which (1) retired judges who served in courts in England or Wales, or (2) British citizens, continue to serve as judges in Hong Kong's judicial system, if any.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
There are six retired UK judges who on 31 March, issued a statement confirming their continued participation as Non- Permanent Members on the Hong Kong Court of Final Appeal.
Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, following the resignation of Lord Reed of Allermuir and Lord Patrick Hodge from the Court of Final Appeal in Hong Kong, which judges who sit in courts in England and Wales are also working as part of Hong Kong's judicial system.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
There are no serving judges who sit in courts England and Wales who participate as judges in Hong Kong’s judicial system.
Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what is their current policy on allowing legal aid to be provided to avowed terrorists or those who overtly support terrorism.
Answered by Lord Keen of Elie
An individual can get access to legal aid if the matter or issue in question is within scope of the legal aid scheme, as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. If the matter is not within the scope of the scheme, the individual could apply for legal aid via the Exceptional Case Funding (ECF) scheme if they can demonstrate that failure to provide legal aid would breach, or risk breaching, the European Convention on Human Rights or an enforceable EU law right. For both ECF applications and for matters in scope of legal aid, the applicant must meet the statutory means and merit criteria.