Legal Aid for Inquests

Jim Shannon Excerpts

Wednesday 10th April 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Barnsley East (Stephanie Peacock) on securing the debate and on doing such a good job of presenting her case. It is always a pleasure to follow the hon. Member for St Helens South and Whiston (Ms Rimmer), who is not just a colleague but a good friend. It was good to hear her comments too.

I wish to highlight the case of young Molly Russell’s parents and their fight for legal aid as they tried to make sense of their daughter’s death and to make a change to prevent more deaths. That is heart-rending and touching, and I fully support them. I was relieved to see the Minister’s Department being more positive about helping them—well done for that.

In my constituency, I have seen several cases in which legal aid has been turned down, and that can only be classed as a travesty. I have also watched people representing themselves and receiving help from a judge who felt that, on the day, during the trial, they should advise the person before them. The hon. Member for Barnsley East referred to how complex the system is, and it is sometimes hard to follow how it works. However, that should not happen in genuine cases in which there is an element of public interest and a need for not just representation but the correct representation.

There must be a more open route to public inquiry funding, but there must also be safeguards in place. Lessons have to be learned from the likes of the Bloody Sunday inquiry, during which approximately £400 million was claimed, although not paid out. After that, there was a question about, and an inquiry into, the fees for the solicitors’ firms. Almost £200 million was paid out in that one case. That is astronomical. There must be a clear delineation as to what is in the public interest. A system is now in place for legacy issues in Northern Ireland. There is a budget to be used for these cases to ensure that there is not further Saville inquiry palaver—to use a word used quite often in Ulster Scots. I understand that there is not an unlimited supply of finance, but the decision not to introduce automatic public funding where the state is represented, and it being cited that the policy change would cost between £30 million and £70 million, seems strange when the cost of just one case in Northern Ireland was allowed to run up to £200 million.

My parliamentary aide may not be on the breadline—we know she is not—but could she afford to take on the Government? No, she could not. Could anyone in the House today afford to take on the Government? I suggest that the answer is no. Therefore, on behalf of our constituents, whom we are here to represent, the argument has to be that they would find that difficult as well. Most people could not do it. There must be some middle ground that we have not yet reached that takes account of the representations of those who need legal aid to satisfy their own conscience, to answer the questions they have and to get beyond the period of grief that they are clearly experiencing.

I recently read an article that furiously challenged the decision. It stated:

“The ministry said: ‘Means testing serves to determine the allocation of taxpayers’ money to those most in need. This mechanism upholds the wider policy intention of the existing legal aid statutory framework of ensuring that legal aid is targeted at those who need it most,”

as it should be,

“for the most serious cases in which legal advice or representation is justified. An additional spend of £30m-£70m would run counter to this wider policy intention.’”

I have always supported access to legal aid, whatever the case may be. I know that this debate is specifically about inquests, but I have supported legal aid being available across the board and have always been of that opinion. I supported that when I was in my previous job in the Northern Ireland Assembly, and I am on record as supporting it in this House as well. But I do understand that, in relation to inquests, there is a special need. The hon. Member for Barnsley East, in introducing the debate, explained that special need, and you have guided us, Mrs Main, on how best we should do that as well.

I want to finish with this comment. Inquest, a campaigning charity—most of us will know it and the good work that it does—has called for automatic non-means-tested legal aid funding to families for specialist representation immediately after a state-related death, to cover preparation for and representation at the inquest and for other legal processes. We are elected representatives and compassionate people. Our compassionate nature as representatives should be reflected in what we ask the Minister for today. I fully support the call for legal aid at inquests and believe that that message should go from this place today. I gently and respectfully ask the Minister for a positive response to help those who find themselves in a very difficult situation. On legal aid for inquests, let us do our best for them.