Future of Legal Aid

Jim Shannon Excerpts

Thursday 1st November 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate, and I congratulate the hon. Member for Hammersmith (Andy Slaughter) on setting the scene, initiating the debate and giving us all an opportunity to participate in it. There are many more experienced, learned minds in the Chamber with a better legal understanding than me. I am simply here on behalf of my constituents who, without legal aid, would never have seen justice. That is where I am coming from, and that is the point I am going to try to make. I do not have the legal mind of the right hon. and hon. Members who have shared their experience. I am just putting forward a constituency point of view.

As the Minister knows, Northern Ireland has its own legal aid system. I want to outline what we do with it. It might be the envy of other hon. Members when they hear about what we are doing, but has become financially restricted in the past few years. We are working with a new financial regime, but at the same time we have been able to deliver many things.

I am delighted to be able to speak about legal aid. I fully support a system that, if used correctly, fills a gap, and assists and benefits those who have little or no access to legal representation. Solicitors are turning away people who need legal representation because the funding is no longer available. I am not criticising them for that; that is a reality of life. Those on the lowest incomes are excluded from accessing justice if they have savings or assets—for example, a house. Working people on low incomes who are accused of wrongdoing are systematically denied their right to a fair trial, because they cannot access representation even when it is as clear as day that they cannot afford to pay for it themselves. I will give a couple of examples. The Minister is always very responsive to the points of view that we put forward, so I look forward to her response.

There is often only one firm, and sometimes no firms, able to offer legal aid support on housing law, which is a key issue that comes up in my constituency office all the time. It is one of the bread-and-butter issues that we deal with every day. The background information that we received from the Library outlines that legal aid may not be available even when a person’s liberty is at stake, when a person faces the loss of their house, in domestic violence cases and when children might be taken into care. The exemptions for housing law clearly fall at that hurdle.

We look forward to the Government’s review of legal aid, which the Secretary of State promised as far back as March this year in answer to another Member of Parliament, yet it has not been delivered within the timescale that was set out. I am pleased that the Government have now committed to carry out a review by the end of the year, as other hon. Members said, but I seek an assurance from the Minister that that timescale can be met.

I want to make some comments about what we do with legal aid in Northern Ireland and what the scheme means. Legal aid in Northern Ireland currently costs £63.65 million per annum. At present, it falls under two distinct headings: civil legal aid, which provides help and assistance in civil and family matters, and criminal legal aid, which provides help and assistance to those accused of a criminal offence. In fact, legal aid subject to means and merits tests is available for many aspects of the law that are triable in court in Northern Ireland. Despite the reductions in the availability of legal aid, we can still do many things. Many new proposals from UK Government Departments have a direct impact on legal aid expenditure—for example, changing the criminal or civil law, or improving or affecting in any way the rights of individuals—without the impact being immediately apparent. It is therefore essential that an assessment of how policy change might impact on legal aid is made as early as possible. We look to the Minister for some direction on that. With the assistance of colleagues, we will also assess any possible impacts on the work of the courts.

Civil legal aid costs about £38.25 million a year and provides help across a range of areas, such as adoption and affiliation, bail, bankruptcy, children and family matters, divorce, maintenance and other matrimonial issues, injunctions, judicial reviews on negligence, whether general, medical or tripping, and personal injury cases. Within civil legal aid, there are three main stages: legal advice and assistance by way of representation and legal aid, initial advice on any aspect of Northern Ireland law, and qualification, which is subject to an evaluation of the individual’s financial circumstances—the means test.

Legal aid, including assistance by way of representation, provides for comprehensive help including, where required, representation in court. To qualify, two tests must be met. The first involves financial eligibility, and depending on the applicant’s personal circumstances, they may receive free help or may have to pay a contribution towards the cost of the case. The second test involves the merits of the case; a person shall not, for example, be given legal aid in connection with any proceedings unless they show that they have reasonable grounds for taking, defending or being a party thereto.

The Legal Services Agency Northern Ireland is currently undertaking a substantial reform programme, which will result in the introduction of civil legal services under the Access to Justice Order (Northern Ireland) 2003, so we are considering changes in Northern Ireland. I know that the Minister will be aware of that as she is well on top of her portfolio and understands what we are doing. I appreciate that understanding.

Criminal legal aid costs approximately £25.4 million a year, representing approximately 40% of the total legal aid budget. There are three levels of service: advice and assistance on general criminal matters, under the same provisions for civil cases; free advice and assistance for anyone being interviewed at a police station in connection with a suspected offence, or what they call “PACE advice”; and free legal aid. To qualify, the court must satisfy itself that the means of the accused are insufficient to enable him or her to obtain legal aid and that, in the interests of justice, the accused—or a person brought before the court to be dealt with—has free legal aid.

In satisfying itself, the court may consider, among other matters, whether the offence is serious enough that on conviction a custodial sentence is possible; whether there is a possibility of loss of livelihood or damage to the reputation of a person; whether there is a substantial question of law to be argued; or whether the accused is unable to understand the proceedings, for example if they do not speak English or have mental or emotional issues. Currently there is free legal aid in all criminal proceedings in Northern Ireland. Approximately 35% of the total individuals who appeared in magistrates’ court and 98% of the total individuals who appeared in Crown court were legally aided.

I have given some background, because for the purpose of the debate it is good for everyone to know what we are doing. I hope that right hon. and hon. Members are interested in what we are doing in Northern Ireland, just as I am interested in what happens in other parts of the United Kingdom.

I am very aware of the good that legal aid can deliver to those I often refer to as the “wee man” and “wee woman”. I have a clear social conscience, as do other hon. Members present and the Minister. Our desire to help those who cannot always help themselves has been clear in all contributions. I want to ensure that everyone has access to justice and that those with the financial accessibility do not override those without it, and that fair play and the right to a level playing field are fully and totally justified.

The numerous questions raised by the Library’s background information on legal aid illustrate quite clearly that all is not well with the legal aid system in the UK at the moment. It was introduced with admirable duty and conscience, yet now Government oversee a much lessened scheme. The figures from 2017-18 illustrate that very clearly: only 140,000 civil cases started with legal aid, compared with 785,000 cases in 2010-11, a decrease of 82%. Over the last seven years, legal aid has been reduced by four fifths—a drastic reduction. I am not saying that the data is entirely wrong, but those figures illustrate a clear deficit in the possibilities of legal aid. We have to have a legal aid system that works well for those who need it the most.

In her introduction, the hon. Member for Westminster North (Ms Buck) referred to tribunals and appeals. In the past, many people would have taken someone with a legal mind along to assist them. That has changed greatly. The hon. Lady is probably like me—probably like all of us—in that we represent our constituents on legal tribunals whatever their benefit issue might be: disability living allowance, personal independence payments, employment and support allowance, or community grants. We do that because it is our duty to, but we also have to learn the rudimentary legal parts of that system so that we can represent the law at the tribunal. In the past, in many cases, that would have been up to solicitors and others of legal mind.

I will always fight for those who need help and will continue to be a voice for them. I conclude as I am conscious that others wish to speak. I say with all sincerity to everyone here and to the Minister in particular that society is measured by its attitude towards and help for the less well off. With legal aid, there is a dearth of that attitude and help that needs to be addressed at the earliest opportunity. I hope the review that the Minister is initiating at her Department will do just that. I call on Government and the Minister to ensure that the legal aid pot is restored and that no financial penury denies those who need it access to legal help. They should have their day in court on an equal basis and never be disadvantaged; justice demands it, and right must and should always persist.