Asylum Seekers: Legal Aid

Lord Keen of Elie Excerpts

Thursday 23rd January 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Lord for the question; I certainly agree with the second part of it. Regarding the first part, the answer is very similar to the one I gave to the right reverend Prelate. The Government are funding the Law Society to help build up the base of lawyers and other legal professionals who can provide the advice to which the noble Lord has referred and to get rid of the “advice deserts”. I take his point about people not always giving their advice face to face; nevertheless, there has been a big change in remote advice for people seeking to make applications which we think has been beneficial. Nevertheless, there is the underlying issue of getting more people to work within the sector.

[Lord Keen of Elie (Con)]

My Lords, we know that civil legal aid is now available in very limited circumstances and the disposable income threshold is little more than £3,000, so very few of our fellow citizens could ever qualify. An asylum seeker who has paid thousands of pounds to a people smuggler can reasonably argue upon his arrival at Dover that he has no disposable income and qualifies for legal aid, but the result is that we are now spending tens of millions of pounds on asylum cases from the Legal Aid Fund. Is there not a better and more efficient means of dealing with claims and the advice required by those seeking asylum in this country, including the suggestion of a government-supported and centralised legal representation unit for asylum cases, rather than this dispersed disposal of legal aid into what has been an advisory desert?

[Lord Ponsonby of Shulbrede (Lab)]

I was not aware of the suggestion of a centralised legal aid representation facility. If that is still being actively considered, I will write and confirm that to the noble and learned Lord. Nevertheless, he makes a reasonable point about building up the resources to be able to process these cases effectively, efficiently, fairly and humanely.

One other factor is that Duncan Lewis, the well-renowned law firm, has written that it believes that the new rates, which are very likely to be agreed, will help it to do more work in this area.