Lord Campbell of Pittenweem
Main Page: Lord Campbell of Pittenweem (Liberal Democrat - Life peer)Department Debates - View all Lord Campbell of Pittenweem's debates with the Scotland Office
(6 years, 7 months ago)
Lords ChamberI do not regard the position taken by my right honourable friend as inconsistent with the independence of the Parole Board. He took a view on the matter following the decision of the High Court, and he expressed that view to Professor Nick Hardwick, who tendered his resignation.
My Lords, may I take the Advocate-General back to the question of legal aid? Had the legal aid scheme provided for assistance in cases of this kind, it would none the less have had to apply the test of reasonable prospects of success, or probable cause. Given that the Secretary of State received advice to the effect that there was no probable cause, that could well have resulted in the victims making an application for legal aid but still being turned down.
That is of course potentially the case, although I would observe that the High Court’s decision eventually turned on a different point from the issue of rationality: the failure to take account of material information that should have been before the Parole Board. Beyond that, I would not seek to speculate as to the outcome of a legal aid application, but the point the noble Lord makes is entirely sound.