Oral Answers to Questions

Andrew Turner Excerpts

Tuesday 11th November 2014 Commons Chamber

[Mr Vara]

I entirely agree with my hon. Friend. The Bill will send a powerful message to the public that if they are acting selflessly in an emergency to help somebody in danger and something goes wrong, the courts will always consider the context of their actions if they are sued in negligence or for breach of statutory duty.

[Mr Andrew Turner (Isle of Wight) (Con)]

21. What estimate he has made of the cost to the public purse of providing legal representation for offenders accused of trivial offences whilst in custody in the last 12 months.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

The Legal Aid Agency does not record whether offences were committed while the offender was in custody, as that is not relevant to assessing eligibility for legal aid. In the magistrates courts relatively minor criminal offences are generally unlikely to pass the interests of justice test.

[Mr Turner]

Will my hon. Friend reassure me and my constituents, many of whom work in the prisons, that changes made under this Government mean that inmates can no longer get legal aid for frivolous or vexatious causes, such as arguments over damaged property or the condition of their cells?

[Mr Vara]

I can certainly give my hon. Friend that assurance. Earlier in this Parliament we reformed civil legal aid so that only the most serious compensation cases are in scope—for example, where there has been abuse of a child or a vulnerable adult, a sexual assault or a significant breach of human rights. Civil legal aid applications, including for exceptional funding, are subject to a merits test, as well as a means test. From 2 December last year, treatment matters, including prison conditions, were removed from the scope of criminal legal aid for prison law.