Oral Answers to Questions

Debate between Laurence Robertson and Mike Freer

Tuesday 28th March 2023 Commons Chamber

[Mike Freer]

I have to say to the right hon. Lady that that is an interesting take on a pause. I do not think that taking extra time to ensure that a new system beds down correctly and listening to the concerns of the staff, which many Opposition Members have been asking for for many weeks, is shambolic. Many of the issues in the probate system are caused by the sheer volume of cases coming in with the increased death rate, but they are also about ensuring that we have enough staff on site with the right skills. That is why we are recruiting people to deal with the volume of cases.

[Mr Laurence Robertson (Tewkesbury) (Con)]

9. If he will take steps to ensure that legal aid is used only for cases which relate to individual cases; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

Legal aid is granted only to individuals. There are specific regulations that set out the position relating to multi-party applications. Following changes made in 2012, legal aid may be granted to participants in MPAs only where each individual has a cause of action and will directly benefit from proceedings. This is a way of dealing with a collection of cases more efficiently by identifying a lead case. In addition, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, any judicial review must have the potential to produce a benefit for the individual applicant, a member of their family, or the environment.

[Mr Robertson]

I thank the Minister for that response and I welcome the changes that have been made, but it still seems to be the case that sometimes, legal aid or connected taxpayers’ money can be used to challenge decisions that have been democratically arrived at and would, in fact, benefit communities.

[Mike Freer]

I am aware of the concern that Members have about the use of legal aid in such cases, but I can reassure my hon. Friend that the Legal Aid Agency reviews all cases to ensure that the funding decisions are necessary before they are agreed.