Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Jonathan Djanogly and Toby Perkins

Tuesday 17th April 2012 Commons Chamber

[Mr Djanogly]

That will depend on the arrangements that they make with their lawyers. Under the new system, for the first time since the Opposition’s reforms which did so much to create a compensation culture in our country, the client will have an interest in what their lawyer is being paid. Until we get back to that situation, there will be an ongoing ratcheting of costs, which is not in the interests of such claims.

The Opposition’s Lords amendments rate one sort of claim above another. Somehow, a mesothelioma claim is automatically more worthy than a personal injury claim. The Government simply do not accept that. I acknowledge the concern in the other place, which underpinned Lords amendments 31 and 32, that the new arrangements will prevent lawyers from being willing to take mesothelioma cases and leave claimants out of pocket, but I believe it to be mistaken.

[Toby Perkins (Chesterfield) (Lab)]

The Minister says that a mesothelioma claim is not, by definition, more serious than a personal injury claim. That obviously depends on the personal injury claim. However, every single mesothelioma claim is a serious matter. Will he at least acknowledge that there is a difference between all mesothelioma claims and some personal injury claims?

[Mr Djanogly]

All non-clinical negligence personal injury cases, including respiratory disease claims, have been out of the scope of legal aid since 2000—let us acknowledge that—under changes introduced by the last Government. Although some expert reports may be required in respiratory disease cases, the Government are not persuaded that they differ substantially from other personal injury cases in a way that merits the retention of the recoverability of after-the-event insurance premiums.

Not-for-profit Advice Sector

Debate between Jonathan Djanogly and Toby Perkins

Tuesday 6th March 2012 Westminster Hall

[Mr Djanogly]

The telephone service will be used only in a limited number of areas, so that we can see how it works, and yes, if someone is unsuitable for receiving telephone advice, perhaps because of their age, the alternative of face-to-face advice will be available.

I am pleased to see good examples of not-for-profit organisations acting innovatively, forging partnerships with other organisations and adapting to the changing face of advice provision. I accept that the proposed reforms are likely to be particularly challenging to the not-for-profit sector. Legal aid, however, is only one of many funding streams that citizens advice bureaux and law centres receive. For example, legal aid represents only 15% of the income of citizens advice bureaux. I also point out that our scope changes have not yet happened and will not do so for another year, giving us time to look at the changing needs of the market. Indeed, one of the major issues for the sector is changes to other sources of funding, such as local authority cuts, which are determined by local priorities, not central Government.

[Toby Perkins]

I am encouraged by the Minister’s suggestion that he has an open mind when it comes to listening to the concerns of the not-for-profit sector. I recognise what he says about the need to reduce the overall legal aid bill, but he will be aware of amendment 11, which was proposed in the House of Lords and which deals with social welfare law. My concern is that if the Minister comes through with this policy without identifying an alternative, the most vulnerable people, who are used to being on benefits and suddenly find that they are not eligible, will be desperately marooned. Will the Minister give us a sense of who might pick up the slack in those cases? If not, will he consider giving Government support to that amendment, rather than scrapping the entire savings proposals?

[Mr Djanogly]

No. What I will do is give the hon. Gentleman a clear idea of what the Government propose to do to ensure that that slack, as he called it, will not be forgotten or missed. We are committed to ensuring that people will continue to have access to good-quality, free advice in their communities. That is why the Government acted, and set up the £107 million transition fund to support the voluntary sector in managing the transition to a tighter funding environment. That is why we also launched the £20 million advice services fund, and a Government-wide review of free advice services. The advice services fund was always intended to provide support to the sector in the short term only, with the Cabinet Office review of the advice sector providing longer-term solutions. I can advise the hon. Member for Makerfield that the review is expected to conclude later this spring, and it will provide recommendations on proposals to secure the long-term sustainability of the sector.

As the hon. Lady said, the Chief Secretary to the Treasury announced only yesterday that the Budget statement will set out that further additional funding will be made available to the not-for-profit advice services in the current spending review period to support the Cabinet Office review, so that advice services are sustainable over the long term.

Oral Answers to Questions

Debate between Jonathan Djanogly and Toby Perkins

Tuesday 13th September 2011 Commons Chamber

[Mr Djanogly]

As I have said, the Government are committed to urgent reform of the coronial service, and this is exactly what we are going to be doing. We are putting in place all the provisions under the 2009 Act, except the appeal process, which was going to cost £2.2 million a year. We feel that the existing processes are adequate.

[Toby Perkins (Chesterfield) (Lab)]

6. What recent representations he has received from people with mesothelioma and mesothelioma support groups on the potential implications of his proposed reforms to legal aid.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

Legal aid for personal injury claims was abolished by the previous Administration in 1999, so I take the hon. Gentleman to be referring to the proposed reforms to civil litigation funding and costs, and will answer on that basis. I have received several letters from MPs and others about the potential impact on mesothelioma sufferers. The Government’s package of reforms includes a number of measures to help claimants. We believe that valid claims will still be brought under the new regime but will be resolved at more proportionate cost.

[Toby Perkins]

Mesothelioma victims are often in the last year of their life by the time they are diagnosed and many are already too ill to seek redress. The proposals to prevent their being able to recover afterwards from the insurance premiums will mean a big up-front cost for many people. Derbyshire asbestos support team is very concerned that they and their families will miss out on access to justice because of these proposals. What can the Minister do to ensure that those people, who are very ill and who do not have trivial claims, have access to justice?

[Mr Djanogly]

The hon. Gentleman makes an important point. We recognise that reducing the time from diagnosis of the disease to settlement of the claim without the need for litigation would be preferable. Proposals to introduce a scheme that will incorporate a fixed time scale and cost each stage of the claim so that only the most complex cases reach litigation are being considered.

Oral Answers to Questions

Debate between Jonathan Djanogly and Toby Perkins

Tuesday 23rd November 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The hard facts are that the amount of legal aid being paid out in civil cases will be reduced. As part of the Government’s savings of £2 billion, £350 million is subject to be taken out of legal aid by 2014-15. That means that we will focus legal aid on the most vulnerable who need legal representation.

[Toby Perkins (Chesterfield) (Lab)]

T4. A number of professionals have contacted me about their worries that, once the Youth Justice Board disappears, there will be a lack of co-ordination and an increase in reoffending by young people. Can the Secretary of State give any reassurance to those professionals that when their work disappears inside the Ministry of Justice, that co-ordination work will still be taken seriously?