Legal Aid

Jeremy Wright Excerpts

Tuesday 15th March 2022 Commons Chamber

[Dominic Raab]

I think the hon. Lady was also around at the time when the Labour Government were planning their cuts. [Interruption.] She does not like it, but I remind her that it was Tony Blair who said that the Labour Government would

“derail the gravy train of legal aid”,

so I am afraid that she cannot come to the House with those crocodile tears. On her substantive point, however, the consultation on expanding the Public Defender Service and the 15% raise in legal fees will deal with the scarcity of legal aid practitioners in certain areas. As I have already said in relation to the means test review, millions of extra people will become eligible for civil legal aid, which she should welcome.

[Jeremy Wright (Kenilworth and Southam) (Con)]

I, too, welcome what my right hon. Friend has announced. He is right to focus on attracting bright young lawyers into criminal defence work. Does he also recognise that it is important to retain more experienced criminal defence lawyers who can take on the complex cases that, as he will appreciate, form a larger and larger proportion of the criminal courts caseload?

Specifically in relation to pages of prosecution evidence, I understand that my right hon. Friend is following one of Sir Christopher’s recommendations in that respect, but he will understand that that has been a proxy for the complexity and difficulty of criminal cases for some time. If we are not to increase fees in that regard, how does he intend to reflect those complex and difficult cases?

[Dominic Raab]

I agree with many of my right hon. and learned Friend’s points. He makes the right point that we must ensure that we still have the expertise we need at the high end of the profession. In relation to the rate of pages of prosecution evidence, he will know that we want to ensure that we do not encourage perverse incentives. I am not suggesting that that is done deliberately, but systemically it is something that we need to look at, and it is right to do so. Instead, as set out in the Government’s response, we will invite views on the longer term reform of the litigators’ graduated fee scheme to include the optimal basic structure of litigator remuneration, the role of pages of prosecution evidence in determining fees and what data should be collected to enable a thorough examination of litigator preparatory work. I hope that will address the points made.