Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024

Alex Davies-Jones Excerpts

Wednesday 8th May 2024 General Committees

[Alex Davies-Jones (Pontypridd) (Lab)]

It is a pleasure to serve under your chairship, Mr Twigg. I am grateful to the Minister for introducing this order. It is the latest step towards amending current legislation to give full effect to the Domestic Abuse Act 2021, and it is welcome. The Opposition also welcome the pilot in the areas listed by the Minister, and we look forward to seeing the effects of that; hopefully, it can be rolled out across the UK.

I do, however, have some concerns about the current use of legal aid and the victim-survivor experience that I hope the Minister will look into while he is considering this. Only last week, while speaking with independent domestic violence advisers and independent sexual violence advisers—IDVAs and ISVAs—in my constituency of Pontypridd, I was informed of the way in which legal aid is currently being applied, and I was utterly horrified. I heard examples of court-mandated drug tests for the perpetrators being taken out of the victim’s legal aid budget. I heard of survivors having to use legal aid to pay for copies of their own victim impact statement, and I heard of victims who had to fund their own special measures granted in the court. It cannot be reasonable for them to have to sacrifice these vital funds simply to limit the traumatisation process and access their rights as a victim-survivor. This should not be happening.

Although the expansion of legal aid is welcome, when it is finally granted, which can be a challenge in itself, there is concern that there are not enough professionals seeking to take up these cases. We have heard from victim-survivors who are unable to get a solicitor who wants to take their case because it is simply not worth their while. What are the Government doing to ensure that victims have adequate representation, that these cases are taken up by legal professionals, and that we have adequate solicitors and barristers to take them forward? Can the Minister assure me that once these changes go through, he will consider carefully the legal aid system as a whole? We have been waiting far too long. The sector has urged me to place on record its frustrations with the need to update the current status quo. It is not just that it needs to be kept in line with the current legislation—it needs to be fit for purpose. From listening to victim-survivors, I know that it is not.

As has been acknowledged by the Minister, this draft order seeks to implement a change to the current legislation that is required as a result of the Domestic Abuse Act, and the Opposition therefore have no reason to oppose it.