Oral Answers to Questions

David Linden Excerpts

Tuesday 21st November 2023 Commons Chamber

[Alex Chalk]

The 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.

[David Linden (Glasgow East) (SNP)]

5. What assessment his Department has made of the adequacy of legal aid for immigration cases.

[Richard Thomson (Gordon) (SNP)]

16. What assessment his Department has made of the adequacy of legal aid for immigration cases.

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

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.

[David Linden]

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?

[Mike Freer]

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.

--- Later in debate ---

[Alex Chalk]

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.

[David Linden (Glasgow East) (SNP)]

T8. After the Supreme Court ruling on Rwanda, the hon. Member for Ashfield (Lee Anderson) said that the Government should “ignore the laws” and put planes in the air anyway. The Prime Minister has failed to distance himself from those comments. Does that disappoint the Justice Secretary?

[Alex Chalk]

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.