Oral Answers to Questions

Debate between Chris Stephens and Mike Freer

Tuesday 26th March 2024 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

Perhaps the Minister can answer this question. The Bar Council has repeatedly highlighted the fact that asylum claimants who have otherwise meritorious cases have often gone through multiple appeals due to very poor or no legal representation. That jacks up the costs for the courts, the Home Office and local authorities, all the while trapping vulnerable people in an agonising limbo. If the Government will not address the crisis in immigration legal aid because it is the right thing to do, will they at least do so because it is the financially sound thing to do?

[Mike Freer]

As I have said, we are already increasing the fees for those who take on legal aid work in connection with the Illegal Migration Act 2023. That is a 15% increase on the increase that we have already seen. On top of that, we are rolling out remote access to the duty advice scheme and introducing payment for travel. Those are major steps towards ensuring the availability of legal aid. I therefore do not accept the hon. Gentleman’s description of the position. If he wants to start swapping comments from the Bar Council, I can quote the Scottish Bar Council’s views on the SNP’s record.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

The Government’s plans to introduce employment tribunal fees suggest that users should pay towards running costs, implying that only those using the system benefit from it. However, Resolution Foundation research shows that tribunals are heavily relied upon to enforce workers’ rights for all. Does the Justice Secretary not appreciate that any action to deter lower-paid workers from bringing forward cases will be to the detriment of the system as a whole?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

We do not believe that a £55 claim issue fee will be a deterrent. The tribunal system costs the taxpayer £80 million a year, and we do not think it is unreasonable that those who use it should pay a small contribution. To answer the question, we do not think it is a deterrent.

Oral Answers to Questions

Debate between Chris Stephens and Mike Freer

Tuesday 20th February 2024 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

Unison, of which I am a proud member, has criticised Government plans to reintroduce employment tribunal fees, on the grounds that the

“only people who would benefit from their reintroduction are unscrupulous bosses”.

The Resolution Foundation has found that the lowest-paid workers were least likely to bring a claim, so how can the Justice Secretary defend plans to reintroduce employment tribunal fees, which will disproportionately affect those on low wages and present an obstacle to justice for those who need it most?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The £55 claim issue fee is modest, and this is completely different from the previous fee scheme, so I simply do not accept the hon. Gentleman’s characterisation. I am quite happy to defend that small, reasonable fee as necessary to help defray the costs of our system.

Draft Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023

Debate between Chris Stephens and Mike Freer

Tuesday 16th January 2024 General Committees

[Mike Freer]

Without prejudging what the Senior President will announce, I expect that where lay members have expertise to give, particularly on trade union membership or non-membership, they will continue to be used because they add value. If the case is about a narrow point of law, where legal training is needed, that is what I expect the judge to focus on.

If the proposals brought forward are unsatisfactory, the Lord Chancellor has the right to “undelegate” the powers. We think this is the right thing to do, because it allows flexibility. Also trying to put multi-member panels together can be resource intensive and time consuming, and sometimes the lay members do not have a particular skill to add. The instrument offers more flexibility and more speed.

Perhaps I can reassure the hon. Member for Glasgow South West by saying that at some point this will be a devolved matter. The Ministry of Justice and the Scottish Government have almost concluded discussions on how to devolve the powers, so any concerns can be addressed locally.

[Chris Stephens]

I thank the Minister for that reply. He mentioned that after the Senior President has reached a decision, the Lord Chancellor has the right to unpick it, but what mechanisms are there to report back to Parliament? Would there be a statement in the House, so that if we had concerns about the Senior President’s decision making, we could raise them in the House?

[Mike Freer]

The delegation of any powers by the Lord Chancellor can be reversed. That is the nuclear option. If Members have concerns about what the Senior President is proposing, let me give some thought to the best mechanism for giving voice to those concerns—whether we come back to debate the matter, or use some other mechanism. That is a perfectly legitimate ask, but let me give some thought to the matter. I am more than happy to have a private conversation with the hon. Gentleman. I will, if Members are happy for me to do so, write to the members of the Committee setting out what I think is the best way to ensure that concerns about the detailed proposals are discussed and addressed.

Question put and agreed to.

Oral Answers to Questions

Debate between Chris Stephens and Mike Freer

Tuesday 21st November 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?

[Mike Freer]

I do not accept that characterisation at all. In fact, this Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available to people, whether physically or through telephone advice. Access to justice, and access to legal aid, is there.

Oral Answers to Questions

Debate between Chris Stephens and Mike Freer

Tuesday 12th September 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

The Government will amend the Misuse of Drugs Act 1971 this afternoon. That 50-year-old piece of legislation controls the shape of Scotland’s criminal justice system to punish drug addiction with the full force of the law rather than treat users, in health settings, as addicts with health conditions. What conversations has the Minister had with Cabinet colleagues in the Scottish Government on introducing a safe drug consumption room pilot in Glasgow?

[Mike Freer]

I am not sure, based on recent reports, that that particular pilot is working well. I will happily ask colleagues to see whether that pilot is working as the hon. Gentleman says it is, but that is not what the newspapers are reporting. The UK Government’s response to it is something for the inter-ministerial group, which is meeting this afternoon.

[Chris Stephens]

I am a bit confused by the Minister’s response. There currently is no pilot in Glasgow, but perhaps there have been some positive discussions between the Scottish Government and the Government here. Given that there are 100 drug consumption rooms in more than 60 cities across the world, supported by mountains of evidence from NGOs, civil society groups and drug activists, alongside the Lord Advocate’s new policy not to prosecute drug users for possession offences committed within a pilot safer drugs consumption facility, can the Minister give an iron-clad commitment that the Government will not block this life-saving health measure?

[Mike Freer]

How that legislation is dealt with is a matter for other colleagues, but I can reassure the hon. Gentleman that, if treating drug taking as a health issue is working as he suggests it is, we will learn from that and discuss it with our colleagues in the NHS. The broad principle of it being a health issue is being dealt with by the NHS and the Health Secretary. In terms of legislation, that is a matter for Cabinet colleagues.