Oral Answers to Questions

Janet Daby Excerpts

Tuesday 5th July 2022 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab)]

11. What assessment he has made of the effect of availability of duty solicitors in England on access to justice.

[Janet Daby (Lewisham East) (Lab)]

13. What assessment he has made of the effect of availability of duty solicitors in England on access to justice.

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

The Legal Aid Agency keeps market capacity, including the number of duty solicitors on each local duty scheme, under constant review, to ensure that there is adequate provision of legal aid throughout England and Wales. The LAA is satisfied that there continues to be sufficient duty solicitor coverage across all duty schemes in England and Wales, and it moves quickly where issues arise to secure additional provision and ensure continuity of legal aid services. Provision under the duty scheme is demand led, so there may be variations in numbers across each local rota, or other fluctuations in numbers. A procurement exercise for new criminal legal aid contracts commenced on 1 October and is currently under way. The LAA will publish lists of providers and duty solicitors under those contracts, once the contract has commenced.

[James Cartlidge]

The hon. Lady says that she stands in solidarity with the striking barristers. I remind her that back in February, before the publication of our response to the independent review of criminal legal aid, she attended a debate on legal aid in the north-west. Every Labour MP who spoke supported a 15% increase in fees, including three Labour MPs who would subsequently go out with the RMT. They supported 15% then, as did those on the Opposition Front Bench. Do they still support 15% now? If they do, they should not be supporting the strike action when we have that offer on the table. By the way, that 15% increase includes duty solicitors. It will increase the police station scheme funding. That is why it is good news for the criminal legal aid solicitors the hon. Lady is talking about.

[Janet Daby]

Last week I visited Boothroyd Solicitors, who provide legal aid services in my constituency. They told me that despite being very busy, the business costs of their work, mixed with cuts to criminal legal aid, mean that they and many other criminal duty solicitors are in financial difficulties. They are receiving promises from the Government, but no action. Boothroyd Solicitors warns that access to an availability of duty solicitors will be severely impacted in the years ahead, if it is not tackled now. Will the Government urgently address that?

[James Cartlidge]

We all want to see thriving duty rotas in our police stations, and it is incredibly important that we support funding for criminal legal aid for the police station scheme. That is why we are increasing those fees by 15%. Indeed, I confirm that in relation to police station fees, the actual increase overall is 18%, as that will include expected additional expenditure, including pre-charge engagement. In total it is an 18% increase for police station duty solicitors. In addition, we want to see a new generation coming through, so we will also be ensuring that those with Chartered Institute of Legal Executives qualifications can more easily participate in the duty solicitor scheme.