Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023

Anna McMorrin Excerpts

Thursday 26th January 2023 General Committees

[Anna McMorrin (Cardiff North) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Vickers. I thank the Minister for his opening remarks.

Let me make it clear from the start that the Labour party will not oppose the draft order. We support the principle of introducing new measures to offer more comprehensive and longer-term protection of victims of domestic abuse. We welcome the expansion of the legal aid scheme for special guardianship orders, as well as the changes to the means and merits tests, and we support the changes made to allow the use of telephone or video conference consultations by health professionals.

However, this legislation is well overdue. The years of underinvestment in the legal aid system, coupled with cuts in 2011 and 2014, has had a significant effect on the ability of victims of abuse to access legal aid assistance or the representation that they need to escape abusive relationships. Although we welcome the Government’s steps in the right direction, the damaging legacy of LASPO will be difficult to reverse. The fallout for victims has been devastating. At the moment, more than one third of women who have experienced domestic violence are unable to satisfy the Government’s strict requirements for providing proof and are denied access to legal aid. The actions of this Government have often meant that victims of domestic abuse had to face abusers in the courtroom without legal advice or representation.

On the expansion of legal aid for special guardians, the legislation does not go far enough. Will the Minister consider whether there should be non-means-tested legal aid for prospective guardians? Often they are grandparents who have limited resources, but might own their own home. They would most likely be disqualified from legal aid because of the capital in their home, but they should not be expected to sell their own home to raise the money for legal expenses in such cases, particularly as they would be caring for and providing a home for particularly vulnerable children.

We know that the covid pandemic has had a huge impact on the number of domestic abuse cases. The national domestic abuse helpline saw calls soar by 66% during lockdown and a 300% rise in visits to its website. In the family courts there were over 68,000 new cases from October to December 2020, and 21% of those were domestic violence-related. That is an increase of 6% compared with the same quarter in 2019. We know that the crisis has been left to worsen. I am afraid the actions of this Government to date have been disappointing, and we are concerned that the order comes a little too late.

Although the order improves the scope of legal aid for domestic abuse cases, ultimately proper funding and early intervention are the well-established solutions that the Government appear slow to act on. Access to early specialist legal advice representation is vital for survivors to secure safety and secure rights. It supports justice and their recovery.

On the wider legal aid system, we are still waiting for answers as to why the Government have not committed to implement the recommendations of their own criminal legal aid review. Will the Minister answer that? Why are we having to wait for a review on civil providers, where change is unlikely to be seen for several years? Why are we waiting so long for that review?

The changes that the Government introduced are ultimately late, partial, and have not kept up with the rise and the need in the courts. We are faced with a justice system on the brink of collapse. It is broken, yet we have a Government simply tinkering at the edges and looking for quick wins. They have had 13 years to nurse the justice system, but unfortunately they have put it back and have failed miserably. However, as I said, we will support the order today.