Sue Gray Report

Afzal Khan Excerpts

Wednesday 25th May 2022 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

My mother, my father-in-law and my mother-in-law are just three of the nearly 180,000 people who have died from covid-19 in Britain. Laws were broken by the Prime Minister, the Chancellor and others, and these were not victimless crimes; these were not silly rules and meaningless red tape—they were designed to protect lives. The doctors and nurses who cared for my relatives at North Manchester General Hospital were not clocking off for “wine time Friday”. So for the first time in his life, will the Prime Minister do the right thing, and resign?

[The Prime Minister]

No, but I want to assure the hon. Gentleman that I understand the reasons why he feels as he does. I also want to say that everybody in No. 10 took the pandemic with the utmost seriousness. I grieve for his loss. We were doing our best to contain a very, very difficult situation.

Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 24th May 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister, Afzal Khan.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the hon. Member for Northampton South (Andrew Lewer) for raising the importance of access to legal aid. In fact, his region—the east midlands—has seen an above average fall in access to criminal and civil legal aid since 2013. Compared with England and Wales as a whole, the region also has a higher proportion of local authorities with no providers of legal aid on housing, immigration, family and community care law. These legal aid deserts are worst for family and community care law, with the cost of living crisis compounding that further. Victims are being let down at every stage.

Legal aid deserts are a direct result of chronic underfunding, and they deny justice to victims across the UK. The Government have failed to deliver even the bare minimum of what Sir Christopher Bellamy advised in his review. I understand that the Government are considering a civil sustainability review, so perhaps the Justice Secretary will provide further details. The Government like to pay lip service to levelling up the country, but when will the Lord Chancellor level up access to justice?

[James Cartlidge]

It would probably be more helpful if I referred to what the hon. Gentleman said on a previous occasion. On 15 March, in response to the Deputy Prime Minister’s statement about criminal legal aid and the measures that we were taking, he said:

“Today’s announcement and response to the Bellamy review is welcome, particularly the Government’s commitment to increase legal aid rates by the 15% that Sir Christopher Bellamy recommended.” —[Official Report, 15 March 2022; Vol. 710, c. 777.]

That is what we are doing. He recommended £135 million of additional funding for criminal legal aid. That is what we are proposing and what we are consulting on. So my job as I see it is very clear. It is to get on with ensuring that those criminal legal aid rates are increased as soon as is practicable, and we look forward to introducing a statutory instrument later this year.

Oral Answers to Questions

Afzal Khan Excerpts

Wednesday 20th April 2022 Commons Chamber

The President of COP26 was asked—

[Afzal Khan (Manchester, Gorton) (Lab)]

1. What assessment he has made of the potential contribution of domestic solar energy generation to meeting COP26 commitments.

[The COP26 President (Alok Sharma)]

Solar is a UK success story, with more than 99% of the UK solar PV capacity deployed since May 2010 totalling almost 14 GW, which is enough to power more than 3 million homes. As the Government’s British energy security strategy sets out, we want to see a fivefold increase in deployment by 2035.

[Afzal Khan]

The Government’s British energy security strategy sets out a very ambitious aim to grow solar capacity by five times as much by 2035, yet Xinjiang produces about 45% of the world’s supply of the key components used in solar panel polysilicon. Despite raising that issue countless times, my calls have languished, as the Government continue to import goods that use forced Uyghur labour. Will the Minister set out what steps he is taking to ensure that the expansion of solar capacity in the UK is not tainted by the ongoing Uyghur genocide?

[Alok Sharma]

The hon. Gentleman raises a very important point. The Government are deeply concerned about the reports of forced labour and the impact on the global solar panel supply chain. He will know that the Government announced robust measures last year to ensure that no UK organisations are complicit in that, and those measures are now being realised. They include strengthening the overseas business risk guidance and introducing financial penalties under the Modern Slavery Act 2015. He will also know that the UK’s main solar industry trade association, Solar Energy UK, is leading the industry’s response through a whole range of measures.

Easter Recess: Government Update

Afzal Khan Excerpts

Tuesday 19th April 2022 Commons Chamber

[The Prime Minister]

I thank my hon. Friend for what he has said. I am heartily sorry, as I have said. I wish it had not happened and I wish that things had been totally different. What I have already done, as the House will know, is take steps to change the way we do things in No. 10. But that, in itself, is not enough. I accept full responsibility myself for my actions.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Prime Minister’s supposed apology to the nation is pathetic. Last year he told bereaved families in Downing Street that he had done everything possible to save their loved ones. Now he has been fined for breaking his own laws, illustrating just how soft the Tories have become on crime. Does he accept that his words ring hollow for those of us who have lost loved ones?

[The Prime Minister]

I repeat what I have said. I know that the hon. Gentleman has experienced bereavement during the pandemic and I am sorry for his loss. I repeat my apologies for what happened in No. 10.

Oral Answers to Questions

Afzal Khan Excerpts

Thursday 31st March 2022 Commons Chamber

[Steve Barclay]

My hon. Friend raises an extremely important point. It would be great to hear voices from the Labour Benches showing their commitment to tackling these issues. I can reassure him as to the Government’s support on the issue that he raises, and he is right to bring it to the attention of the House.

[Afzal Khan (Manchester, Gorton) (Lab)]

T8. This week I joined grieving families like mine to mark the anniversary of the covid memorial wall. On the same day, we watched in shock as the Met police issued 20 fines for the Downing Street parties. Right now, the chair of the UK inquiry is meeting the bereaved families on the terms of reference of the inquiry, and soon the chair will pass draft terms to the Prime Minister. Given the importance of this inquiry, will the Minister confirm that the draft terms will be published in full to guarantee that the chair’s recommendations are implemented?

[Steve Barclay]

The hon. Gentleman raises an extremely important point. It is a deeply emotive point for the families affected. That is why we are committed to getting the terms of reference right. That is why, as my right hon. Friend the Minister for the Cabinet Office set out, this is shaped by the judge Lord Hallett and comes under the terms of the legislation passed by a previous Labour Administration. I know that Lord Hallett is committed to working with stakeholder bodies as regards reflecting the terms of reference in a way that meets the wider need.

Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister, Afzal Khan.

[Afzal Khan (Manchester, Gorton) (Lab)]

Can I bring the Minister on to a more domestic issue? Victims of domestic abuse and other serious crimes are more often than not denied justice due to the broken criminal justice system. Legal aid provides a lifeline to those who need it most, but the system is on its knees due to chronic underfunding. Sir Christopher Bellamy QC recommended a minimum fee increase not as an opening bid but as a necessary first step to nurse the legal aid system back to health. How will the Minister stop the continuing haemorrhage of criminal solicitors and barristers from the workforce in the meantime, so that further victims are not denied access to justice?

Legal Aid

Afzal Khan Excerpts

Tuesday 15th March 2022 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Today I am publishing the Government’s response to the independent review of criminal legal aid. Copies are available in the House. Our proposals will put criminal legal aid on a stable and sustainable footing for the future. They will help to deliver this Government’s objectives of delivering swift access to justice, and they will usher in the reform we need at this crossroads moment as we build back a stronger and fairer society after this debilitating pandemic.

Covid-19 has been exceptionally challenging across our justice system. We owe our whole legal profession—the solicitors, the barristers, the judges and the court staff—an enormous debt of gratitude for keeping the wheels of justice turning over the past two years. Thanks to their efforts, we are driving down the court backlog and returning to a more normal way of working—in the interests of victims, witnesses, and of course the wider public. I thank Sir Christopher Bellamy for his comprehensive and invaluable review, along with his panel of experts and everyone else who contributed their views.

As I said, this is a crossroads moment. Our legal aid system needs investment if defendants are to have access to the highest-quality advice and advocacy, and if we are to ensure a sustainable criminal legal profession right into the future. To that end, Sir Christopher made two headline recommendations in his review. First, he proposed an increase of 15% in the various criminal legal aid fee schemes. I have accepted this in almost all respects, except where it risks introducing perverse incentives—for example, if it were to be applied to the rate of pages of prosecution evidence.

Secondly, Sir Christopher recommended an overall increase in investment in criminal legal aid of £135 million. Our package of reforms, announced today, matches that recommendation. As part of that, we will hold £20 million aside each year for longer-term investment, including reform of the litigators graduated fee scheme, the youth court, and the wider sustainability and development of solicitors’ practice, so that the system pays more, and more fairly, for the work actually done. On top of our additional funding to support court recovery, this will take taxpayer funding of criminal legal aid to £1.2 billion—the highest level in a decade.

Let me now unpack some of this for the House. In the short term, our cash injection will give a 15% boost to police station work, magistrates court work, much of the Crown Court work of advocates and litigators, and the work of solicitors in very-high-cost cases, as well as some of the smaller schemes. While getting pay and conditions right is clearly critical, Sir Christopher also made a number of wider systemic recommendations about the future of criminal legal aid that we also intend to take forward. We will reform fee schemes so that they properly and fairly reflect the way our legal professions work in the real world today. We will increase the diversity of our legal professions, promote a more sustainable criminal defence market, and harness the power of new technology.

Supporting a sustainable, diverse and stable criminal defence market depends both on the right fees and on having an adequate supply of legal practitioners, so we propose to review the standard crime contract to reduce barriers to innovative ways of doing business. We will offer grants for training contracts for criminal solicitors, and for solicitor advocates to gain higher rights of audience, expanding the supply of high-quality lawyers in the system. The Chartered Institute of Legal Executives has helped to remove barriers to entry into the profession and, in particular, has helped to promote non-graduate routes into the law. We want to take those reforms further again. So under our proposals, CILEX professionals will be able to become duty solicitors without having to achieve additional qualifications.

Work as a duty solicitor often involves unsocial hours and lengthy travel, making it hard for those with caring responsibilities, who are disproportionately women, to pursue a career in criminal defence. We want to make it easier for everyone to work in this area, so we will explore new ways of delivering remote legal advice in police stations. As Sir Christopher highlighted, the sustainability of the criminal solicitor profession is a particular challenge, so today I am proposing to expand the Public Defender Service, focusing on areas where more capacity is needed. That means that when there is risk of market failure, we will have a more flexible range of options to address it.

Next, Sir Christopher recommended that I propose an advisory board that will help represent all parts of the profession and shape future criminal legal aid policy. We will also gather views on how and where the innovative new technology that is helping us with the backlog can be used to even greater effect.

Our proposals respond to the full range of Sir Christopher’s review. They will increase efficiency across our system and deliver swifter justice for victims and defendants by incentivising early advice and resolution where that is right and proper. They will reinforce a more sustainable market, with publicly funded criminal defence practice seen as a viable, long-term career choice, attracting the brightest and best from all backgrounds and providing a further pipeline for the judges of tomorrow. It is only right that, as we reinforce the supply and sustainability of legal practice, we look closely at those who our legal system and our legal aid system are there to support, namely those who need legal representation and cannot afford to pay for it themselves.

The thresholds for eligibility for legal aid, which have not been raised for more than a decade, need to be reviewed, and it is timely to review them as we consider our wider reforms. Today, we have launched a separate consultation on legal aid means-testing. Our proposals will ensure a fairer justice system that targets legal aid towards the people who need it most—those least able to pay and the most vulnerable in our society. No one’s income or financial situation should stop them enforcing their legal rights or defending themselves when they have been accused of a crime. That is why this Government propose to significantly increase income and capital thresholds for civil and criminal legal aid, so that even more people in England and Wales will qualify for that support.

A funding boost of £20 million means that more than 2 million more people in England and Wales will be eligible for civil legal aid each year, and 3.5 million more will be eligible for legal aid to fund their defence at the magistrates court. We will exclude disputed assets from the civil legal aid means test. That move will particularly benefit victims of domestic abuse where the abuser is controlling assets. We will also remove the financial cap on legal aid eligibility in the Crown court for all defendants, so that everyone can access the right support at the right time.

At the same time, we will remove means-testing entirely for legal proceedings brought by parents whose children are facing the withdrawal of life-sustaining treatment. At the worst time in any parent’s life, those parents must and should have access to proper advice and representation, and they should not be expected to shoulder the burden themselves.

The proposals I have set out today represent a major investment in our legal aid system. They will ensure our justice system is fair, fit for the future and supported by a thriving and diverse legal profession, and that it delivers swifter and fairer justice across our society. I commend this statement to the House.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the Justice Secretary for advance sight of his statement. I could not agree more that we owe our whole legal profession—solicitors, barristers, court staff and judiciary—a debt of gratitude for keeping the wheels of justice turning over the last two years. I pay tribute to their hard work in helping deliver justice for victims. I also put on record my thanks to Sir Christopher Bellamy and the rest of the team for their work.

Today’s announcement and response to the Bellamy review is welcome, particularly the Government’s commitment to increase legal aid rates by the 15% that Sir Christopher Bellamy recommended. The proposed restructure of the fee schemes will benefit members of the public and the profession alike. Similarly, we welcome having an independent advisory board to keep policy matters pertaining to criminal defence under review. Can the Justice Secretary outline the membership of the advisory board? Will he ensure that it is both representative and diverse, to help deliver meaningful change?

We will study many of the other measures that the Justice Secretary has mentioned, including the reforms of the duty solicitor scheme, in more detail. However, if the Government accept that criminal legal aid is in a perilous state, the same is surely true of civil legal aid, where decades of cuts and underfunding have crippled practitioners, and we are seeing the same recruitment and retention crisis. Urgent investment is necessary, and the Ministry of Justice has yet to publish any details on the civil sustainability review. We are suffering from serial underfunding of the entire legal aid sector, paired with a strict means test and a huge backlog in the criminal courts.

We know that justice delayed is justice denied, and victims are paying the price. Between 2012 and 2020, annual legal aid spending fell by 27% in real terms, largely as the result of changes under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. That is £4.2 billion over a seven-year period—an average of £600 million a year. Essentially, we have a position where it is simply not financially viable to be a legal aid provider in many areas of law. The Government have accepted that to be the case in criminal law, but the maths is no different in civil law. There is no doubt in my mind that the legal aid sector has survived purely on good will, and I know that at first hand as a former lawyer. Chronic underfunding has brought the criminal justice system to its knees and created advice deserts across the UK. The steps outlined today are too little, too late.

There can be no surprise then that the profession has voted with its feet. Just a few days ago, 94% of the membership of the Criminal Bar Association voted to take industrial action. That will have a disastrous impact on the backlog in the criminal courts that existed well before the beginning of the pandemic. The Government may find the profession does not accept their response, their appreciation of the urgency or the time it will take to implement. Can the Lord Chancellor set out when the recommendations will take effect? Victims have waited long enough.

While the means test review for both criminal and civil legal aid is welcome, it is of little use to the public if they are eligible for legal aid but cannot access the provider base. Advice deserts are a direct result of the negative impact caused by reductions in legal aid funding. There is no justice if there is no access to justice.

The Justice Secretary claims this is a major investment in the criminal justice system, but make no mistake: it is the absolute bare minimum, and it does not fix a decade of Tory austerity. It fails victims at every turn. The erosion of access to legal aid represents a threat to the rule of law. It does not matter what legal rights an individual has on paper if they do not have the means to uphold them. The Government pay lip service to levelling up the country. When will they level up access to justice?

[Dominic Raab]

I thank the hon. Gentleman for what he said about the criminal legal aid proposals and the means test review. The announcement today is principally about criminal legal aid, and if I have understood him correctly, he backs us on all the criminal legal aid proposals.

Can I be clear in relation to the CBA ballot? If the hon. Gentleman welcomes our proposals, presumably he would agree, as I hope would others across the House, that it is totally unwarranted for the CBA now to proceed with strike action.

The hon. Gentleman asked about timing. On criminal legal aid, we will consult for 12 weeks. I would expect him to agree that we should follow the normal public law principles to have that consultation, otherwise we are exposed to a greater risk of judicial review.

[Afzal Khan]

indicated assent.

[Dominic Raab]

The hon. Gentleman is nodding, and I am pleased that he does support that, even if some of his colleagues do not. We will then introduce a statutory instrument so that the proposals enter into force in October.

The hon. Gentleman talked about cuts to legal aid. I remind him that a previous Justice Secretary, Jack Straw, had plans to cut almost £200 million a year from the legal aid budget in 2009, as was made clear by the noble lord Lord Carter, who said,

“we had to break the hold of the criminal practitioners and force them to restructure so we could get more control over the costs of provision”.

In relation to our criminal legal aid proposals, we are ensuring that we have a sustainable system that supports practitioners but, above all, supports victims, witnesses and the society that we want to build after the pandemic.

I gently remind the hon. Gentleman that there will be 2 million more people with access to civil legal aid, which he mentioned, and 3.5 million more people with access to criminal legal aid in the magistrates courts. I thank him for his pretty fulsome support for the criminal legal aid proposals. I urge him to reflect on and recall the Labour party’s proposition before the 2010 election. I hope that he will be clear that it is totally unwarranted for the CBA to now proceed with strike action.

Oral Answers to Questions

Afzal Khan Excerpts

Thursday 24th February 2022 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

10. When the public inquiry into the covid-19 pandemic will begin.

[Marsha De Cordova (Battersea) (Lab)]

19. When the public inquiry into the covid-19 pandemic will begin.

[The Parliamentary Secretary, Cabinet Office (Mrs Heather Wheeler)]

On 15 December, the Prime Minister announced the appointment of the right hon. Baroness Heather Hallett as chair of the public inquiry into covid-19. The inquiry is set to begin its work in spring 2022.

[Afzal Khan]

On Monday, the Prime Minister told the House that we must learn to live with covid-19. This is cold comfort for the bereaved families whose loved ones will not have that opportunity. What does the Minister have to say to families like mine who feel that the inquiry is simply being kicked into the long grass? Does she agree, now that all restrictions will be lifted, that there is absolutely no reason why the inquiry cannot move forward immediately?

[Mrs Wheeler]

I sympathise fully with the hon. Gentleman. He has told us about his family bereavement many times, and we have all been very moved by those comments.

The inquiry will play a key role in ensuring that we learn the lessons from this terrible pandemic. To do that, we must get the terms of reference right. When the Prime Minister appointed Baroness Hallett as chair, he said he would consult her and Ministers from the devolved Administrations on the inquiry’s terms of reference, and he said that Baroness Hallett would then run a process of public consultation and engagement before the terms of reference are finalised.

To give an update, the Prime Minister has now consulted Baroness Hallett and the process of consulting the devolved Administrations is well advanced. The next stage will be to ensure that those most affected by the pandemic, including those who have sadly lost loved ones, can have their say. This process will begin and conclude very soon.

Sue Gray Report

Afzal Khan Excerpts

Monday 31st January 2022 Commons Chamber

[The Prime Minister]

I thank my hon. Friend very much; I enjoyed our joint trip to Tilbury this morning. Yes, I do think it is vital, as Sue Gray says, that we learn from this and that we strengthen Cabinet Government and the principle of ministerial responsibility.

[Afzal Khan (Manchester, Gorton) (Lab)]

I have spoken about my own experience of loss during the pandemic many times. I do not claim that my experience is special—indeed, it has been all too common—but as a member of Parliament I have a responsibility to provide a voice for the bereaved families. Make no mistake, this report is utterly damning and suggests that the Prime Minister’s and the Government’s actions were a risk to public health. How on earth can the Prime Minister stand there and justify this? Does he now accept that his actions were a complete and absolute failure of leadership and judgment?

[The Prime Minister]

I repeat what I have said: that I am deeply sorry for all the suffering there has been throughout this pandemic, whether of the hon. Gentleman’s constituents or anyone in the country. As to his points about what is in the report, I do not think his views are substantiated by what the report says. I think he should wait to see where the inquiry goes. That is what I propose to do.

Covid-19 Update

Afzal Khan Excerpts

Wednesday 5th January 2022 Commons Chamber

[The Prime Minister]

I can give my right hon. Friend a categorical assurance that masks in schools will last not a day longer than we need them.

[Afzal Khan (Manchester, Gorton) (Lab)]

Winter is always a difficult time for the NHS, but we are now in an unsustainable situation. Last night, 17 hospitals across Greater Manchester announced that they were suspending non-urgent surgeries because of the impact of covid-19, and at least 10 trusts throughout England have been forced to declare critical incidents since Christmas. Last week, the Prime Minister said that he hoped we could “ride out” this wave, but I do not think our hard-working NHS staff or the Government’s scientific advisers would agree. What additional steps will he now take to ensure that Greater Manchester’s hospitals do not become critically overwhelmed?

[The Prime Minister]

What we are doing is supporting hospitals in Greater Manchester and up and down the country with record investment and, as I said in an earlier answer, by making sure that we supplement the staff by calling doctors back to the colours and with volunteers, new therapeutic treatments and all the extra things that we are doing. But fundamentally, there is also a job for this country: to follow plan B and the guidance that we put in place and get boosted. That is the most important thing we can do.