(10 years, 6 months ago)
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I totally respect the point that is made. All hon. Members in this Chamber and in the House, and everyone everywhere, would like a resolution to the civil war. I am concerned that, even if all those points were made, this is not a war that is going to end within six months or, in all probability, in 12 months. Even with all the actions that the hon. Gentleman legitimately and fairly mentions, that humanitarian crisis is worsening by the day, week and month. The expectation is that at least 1 million more refugees will attempt to leave Syria by the present process that we are engaged in, even as it goes ahead.
I congratulate my hon. Friend on securing this debate. I was with him in Syria. I take his important point, which is that we should look at the aid being given within Syria, but there is a third category of those who are out of Syria but outside the camps. In Turkey, there are 600,000 refugees, but only 250,000 are in camps. UNICEF made the point that those outside the camps are not being educated, so in some ways they have many of the problems of those within Syria.
I endorse my hon. Friend’s point. We were lucky enough to go to the Nizip 2 camp, which is the gold standard of modern refugee camps, supported as it is by this country and others and by a multitude of aid organisations and charities. It is good at this point to say that we should make it clear that the work of the likes of Oxfam, Amnesty International and all the various charities involved is massively to be applauded. I am sure that the Minister will go on about the £600 million that this country is spending and I endorse and support that. That spending is popular in my constituency. Whether it is expressed by the churches in my constituency or at the pub quiz that I went to on Easter Sunday at the Feathers Inn in Hedley on the Hill, where they raised money for the Syrian refugees, there is a strong view that we are doing the right thing by supporting people in this way.
We saw in Nizip a strongly supported camp. My hon. Friend the Member for Huntingdon (Mr Djanogly) mentioned education. I went round the classrooms there, as several of us did, and saw how those involved were trying to provide education. I met Suleiman, a former engineer in Homs, who is now a teacher of year 6 and 7 children in the camp. He spoke movingly of the family members he had lost and of his desire, one day, to return, and about the difficulties of trying to provide education in a container or a tented camp on the Syrian border.
Aid is being provided outside Syria and I think that no one would dispute that this country is doing everything it possibly can in terms of the financial contribution and diplomatic and other efforts being made to ensure that the refugees, whether in Turkey, Lebanon or Jordan, are getting as much support as they can. We should make it clear that those three countries in particular have gone above and beyond the expectations of many and are to be supported and validated. It is noted that they have done a great deal to support the Syrian people.
I am particularly concerned about the situation inside—
(13 years ago)
Commons ChamberMy hon. Friend’s point goes back to children and their eligibility on the basis of income. A certificate is issued in the name of the minor or the patient and it is their resources that are assessed in the normal way, not those of the litigation friend, children’s guardian or guardian ad litem who is bringing or defending the proceedings on their behalf.
However, in family cases where the applicant for funding is a child, the resources of a parent, guardian or any other person who is responsible for maintaining him or her, or who usually contributes substantially to his or her maintenance, are required to be treated as his or her resources unless, having regard to all the circumstances, including the age and resources of the child and any conflict of interest, it appears inequitable to do so. The applying solicitor should submit appropriate means forms for the child and parents or others responsible for or contributing to his or her maintenance or, more usually in the first instance, explain in the application itself why non-aggregation of means would be appropriate in the circumstances of the particular case, having regard to the position of each of the parents or others on the issues in the case and the party status of the child.
Where children have sufficient understanding to decide that they want to seek an order in family proceedings for themselves and actually start proceedings, there may be no conflict with one or both parents and it may be reasonable to take the means of the parents, or one of them, into account. However, where a child is joined as a party in ongoing proceedings by an order of the court, the assessing officer is likely to accept that the party status of the child justifies non-aggregation.
I hope that that answers my hon. Friend’s point.
On the tricky issue of cerebral palsy among children, would the Minister consider persuading NHS trusts in all such cases, of which there are not many, to commission an independent report as a first step, before any application for legal aid is made?
My response to that applies more broadly than to just cerebral palsy. We believe that the NHS Litigation Authority should more frequently take the initiative in the preparation of reports. Where possible, there should be joint reports, not least to help cases along more swiftly.
Our approach means that public funding will not be available for each and every claim involving a public authority, but it will be available for the most serious cases and to address serious abuses. Most claims for damages will be removed from the scope of legal aid because we have sought to focus our limited resources on cases where the client’s life, liberty, physical safety or home is at risk. Therefore, we do not consider that most claims seeking financial compensation from public authorities merit public funding. However, the Bill ensures that legal aid is available for the most serious damages claims that concern an abuse of position or power, or a significant breach of human rights by a public authority.
(13 years, 11 months ago)
Commons ChamberMy hon. Friend made a very cogent case for the retention of his court, and put the local case very strongly. I have to say that the judgment was finely balanced, but ultimately this decision was taken because the utilisation rate in the Surrey courts has been below 80%, and transferring work to Staines and Guildford magistrates courts will result in the rate increasing to 89%.
I disclose my former profession as a barrister. Tynedale in Northumberland has almost 1,000 square miles without a court. The consultation used poor-quality figures and they were badly applied. If they are wrong, does the Minister accept that the claim is capable of judicial review?