Legal Aid: Birmingham Pub Bombings

Debate between Caroline Spelman and Lucy Frazer

Tuesday 27th March 2018 Westminster Hall

[Lucy Frazer]

The hon. Lady is right—others have also called for that. That is why the Government are undertaking a review, which has started and which I will come to, in relation to legal aid funding and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 generally, but more particularly and more relevant in this case, in relation to legal aid funding for inquests.

I have identified the two circumstances where legal aid was sought and granted in this case. The third, which is what the debate centres on, is the provision of legal aid for judicial review. Legal aid is available for judicial review in generic terms. However, as with legal aid for inquests, this availability is subject to a number of restrictions. Applicants must satisfy statutory tests for their means and merits in order to qualify for legal aid for judicial review. The reason that they are required to satisfy those tests is to ensure that the resources that are available for legal aid generally are given to those who are most in need. In the case in question, which was an application for funding for a judicial review, the Legal Aid Agency determined that those requirements were not met.

I fully appreciate that the families have found that decision of the Legal Aid Agency very frustrating. The hon. Member for Ashfield (Gloria De Piero) asked whether I can review that decision, but it is important to point out that funding decisions are made by the Legal Aid Agency independently of Ministers. I am not privy to the details of the decision. The decision whether to provide legal aid funding in an individual case should not be a political one. It is solely for the director of the legal aid casework at the Legal Aid Agency to decide whether a case is within the regulations and the laws that Parliament has set. I was not aware of the reasons why legal aid was determined—that is a decision of the Legal Aid Agency independent of Ministers.

My right hon. Friend the Member for Meriden (Dame Caroline Spelman) and the hon. Member for Birmingham, Northfield made very important points at the beginning of the debate about the coroner having called for legal aid to be reinstated but, as I said, that is not a decision for me or for him—the decision on legal aid is a matter for the Legal Aid Agency.

[Dame Caroline Spelman]

Will the Minister give way?

[Lucy Frazer]

I am conscious of the time, so I would like to press on.

I will make two wider points about legal aid outside this case. First, legal aid is a fundamental pillar of access to justice. More than a fifth of the Ministry of Justice’s budget is spent on legal aid in England and Wales. The system was designed when it was implemented in 2012 to ensure that those who are most vulnerable and have no other means of funding support are provided with assistance. Those principles in generic terms are fair ones.

Secondly, we recognise that it is right to look at and review inquests more broadly. An inquest ought to be an inquisitorial process that focuses on establishing the facts of death and should not be adversarial. The presence of several lawyers at a hearing often adds to the distress and anxiety of the family, who feel, as was stated by many hon. Members, that there is an imbalance and unfair representation. With that in mind, the Ministry of Justice is undertaking and exploring a number of ways to make inquests less adversarial and more sympathetic to the needs of bereaved people. We are working with other Government Departments that are often represented at inquests, as well as the legal profession. We are looking at ways to reduce the number of lawyers, training for coroners and lawyers, extending support services, updating our written guidance and updating the legal guidance on deaths in custody, so that we ensure the starting presumption is that legal aid should always be available.

Many Members mentioned that we are reviewing legal aid for inquests in general. That review has started already. Experts are giving evidence, and there will be a public consultation. I encourage family members to give evidence to the public consultation if they wish to do so. I also encourage Members to respond. The hon. Members for North Antrim (Ian Paisley), for Birmingham, Yardley and for Strangford (Jim Shannon) made powerful points in relation to justice, and said that justice needs to be done. They put forward many arguments for why the families need support.

I recognise that getting the inquest right for the families is incredibly important. Families who have suffered dreadfully are entitled to justice. I thank the hon. Member for Birmingham, Northfield and all hon. Members who have spoken and contributed to this important debate.