David Linden
Main Page: David Linden (Scottish National Party - Glasgow East)Department Debates - View all David Linden's debates with the Ministry of Justice
(1 year, 1 month ago)
Commons ChamberThe hon. Gentleman’s original question was about the resource that we provide to the ICC. We are the second largest donor after Germany, and we have provided some additional support this year. Questions about prosecution are matters for independent prosecutors. It is not for Ministers in this Parliament to make that sort of decision: that will be a matter for independent prosecutors, whom I would expect to exercise their discretion freely and fairly.
Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.
The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that sufficient immigration lawyers are available to deal with deportations to Rwanda. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London, charities are only successfully finding legal representation for 4.1% of referrals. What steps is the Minister taking to ensure that the legal aid sector does not collapse in England and Wales due to the poor decisions made by his colleagues?
The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.
No one in this House has done more than my right hon. Friend to clamp down on this iniquitous behaviour, and I am pleased that we have been able to make some progress. He makes a really important point: every day that is spent in court pursuing ill-founded and abusive litigation is time that could be spent on other matters in the public interest. I will certainly look into the interesting suggestion he makes about publishing the cost of that behaviour.
I refer the hon. Gentleman to the answer I gave a few moments ago. There is understandable righteous indignation about the situation that exists. We believe that we can comply and deliver our policies within the four corners of international law—that is our approach. However, those who arrive illegally threaten to corrode the rule of law, because that of itself sends out a poor subliminal message that those who do so can act with impunity. That does not strengthen the rule of law.