Legal Aid, Sentencing and Punishment of Offenders Bill

Jim Cunningham Excerpts

Monday 31st October 2011 Commons Chamber

[Mr Djanogly]

This rather substantial group of Government and Opposition amendments concerns legal aid for family and immigration matters, including domestic violence issues, as well as certain technical amendments to the Bill. I shall begin with a group of technical Government amendments, before moving on to the family and immigration ones.

Government amendments 10, 11, 13 and 14 amend paragraphs 3 and 33 of part 1 of schedule 1 in order to ensure that funding can be granted to the personal representative of a deceased child, vulnerable adult or victim of a sexual offence who wishes to pursue a civil claim for the benefit of the estate. The amendments are necessary because the Bill, as currently drafted, would limit legal aid to the child, vulnerable adult or victim personally. Where that individual dies, it is clearly right that legal aid should remain available to that individual’s personal representative to pursue a relevant claim on behalf of their estate. It is not necessary to make equivalent changes to other paragraphs in part 1 because relevant paragraphs do not exclude claims being brought by a personal representative. For other paragraphs, the case would either fall away with the death of a claimant or there would be another party who would be equally able to bring the claim.

Government amendments 15 to 18 relate to vetting and barring under section 4 of the Safeguarding Vulnerable Groups Act 2006 and applications relating to disqualification orders under sections 31 and 34 of the Criminal Justice and Court Services Act 2000. The amendments are technical and seek to ensure that funding for advocacy is provided in the relevant tribunal or court for these types of cases. In our consultation paper, “Proposals for the Reform of Legal Aid in England and Wales”, we announced our intention to retain civil legal services for section 4 of the Safeguarding Vulnerable Groups Act, which provides for a right of appeal to the upper tribunal against a decision to keep someone on a barred list from regulated activity relating to children or adults. The consultation paper provided that we would continue to fund those types of appeals to the upper tribunal on the basis that inclusion on a list would have a significant and lasting impact on the life and livelihood of an appellant who might have been included on the list in error.

[Mr Jim Cunningham (Coventry South) (Lab)]

Has the Minister made an assessment of the amendments’ impact on organisations in Coventry such as the citizens advice bureau and the law centre?

[Mr Djanogly]

I expect the amendments to be generally well received.

The Bill currently refers to funding for advocacy being available in the first tier tribunal, and amendments 17 and 18 correct that position by making available funding for advocacy for appeals to the upper tribunal. Amendments 15 and 16 serve a similar purpose but in relation to sections 31 and 34 of the Criminal Justice and Court Services Act. Appeals under section 31 are to the Court of Appeal, rather than the first tier tribunal, and funding for advocacy for such appeals is already covered by paragraph 2 of part 3 of schedule 1. Appeals under section 34 are to the High Court, and funding for advocacy for such appeals is already covered by paragraph 3 of part 3 of schedule 1.

I now turn to the family and domestic violence amendments, almost all of which have been debated in Committee already. I would like to reiterate why we are taking most private family law cases out of the scope of legal aid. The cost of legal aid, as it stands, is, we believe, simply unsustainable, and legal aid resources need to be focused on those cases where legal aid is most needed. Accordingly, for most divorces, child contact applications or ancillary applications to carve up family assets, legal aid will no longer be available. We believe that it is right to encourage families, where appropriate, to resolve their disputes without going to court. We want to prioritise mediation, which can be cheaper, quicker and less acrimonious than contested court proceedings. Legal aid will, therefore, remain available for mediation in private law family cases, and we estimate that we will spend an extra £10 million a year on mediation, taking the total to £25 million a year.

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[Mr Djanogly]

I am afraid that the hon. Lady misunderstands the nature of mediation. In normal circumstances, it is not for the mediator to sit in judgment on the individuals who turn up for mediation. That happens in the assessment. The mediator should explain to the individuals the purpose of mediation and it is for the individuals themselves to decide whether mediation is appropriate. If violence was involved, the mediator might suggest that, in those circumstances, mediation is not appropriate. If domestic violence is involved, the Government believe that legal aid should be provided.

[Mr Jim Cunningham]

rose—

[Joan Ruddock]

rose—

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[Mr Djanogly]

I shall give way one more time on this point—to the hon. Member for Coventry South (Mr Cunningham).

[Mr Cunningham]

I want to be helpful to the Minister. Can he clarify how the amendments on legal aid would apply, for example, to rape crisis centres such as the one we have in Coventry? I am not too clear about how that will be affected.

[Mr Djanogly]

The Government are supportive of crisis centres. We have increased our provision for them. The amendments do not in any way affect the issue one way or another. That is a separate policy item.