Oral Answers to Questions

David Mowat Excerpts

Tuesday 6th May 2014 Commons Chamber

[Glyn Davies (Montgomeryshire) (Con)]

6. What his policy is on ensuring that legal aid is targeted at people with a strong connection to the UK.

[David Mowat (Warrington South) (Con)]

10. What his policy is on ensuring that legal aid is targeted at people with a strong connection to the UK.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government believe that individuals should have a strong connection with the UK in order to benefit from the civil legal aid scheme, and we consider the residence test that we propose to be a fair and appropriate way in which to demonstrate that connection.

[Chris Grayling]

I very much agree with my hon. Friend, although I do not think that Labour Members do, judging by the noises that they have been making. I think that the position is very simple. Our taxpayers pay the costs of civil legal aid, and I do not believe that people should be able to come to this country and have immediate access to our civil legal aid system. The test that we propose is designed to change that. I find it interesting that it is being challenged in court, but I am determined that British taxpayers should not be required to pay for legal aid for people who have no right to it because they have not earned it.

[David Mowat]

According to a written answer that I was given recently, two firms of lawyers that specialise in suing active servicemen, Public Interest Lawyers and Leigh Day, have received £10 million in legal aid in the last three years, and the Ministry of Defence has subsequently spent many more millions on defending those cases. No other country in the world would pay lawyers to sue its own army. When we will stop doing so?

[Chris Grayling]

My proposed residence test would mean that such cases were no longer possible. I think it important for there to be restraints on our legal aid system. I personally find some of the things that we have read about the inquiry into the cases brought as a result of action in Iraq extremely disturbing. I have asked my officials to examine in great detail what has happened, and to consider whether there are appropriate actions for us to take.