Asylum Seekers: Legal Aid

Debate between Lord Marks of Henley-on-Thames and Lord Ponsonby of Shulbrede

Thursday 23rd January 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank my noble friend for giving me notice of his question and I will write to him. I hear similar questions in my other private life, and I will ensure that a proper answer is provided to my noble friend’s question.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, most research suggests that about 60% of eligible asylum seekers cannot find a legal aid lawyer. The announced increase in legal aid rates should help but will not deal with the advice deserts across the country. Given the language difficulties and the complexity of these cases, online remote lawyers cannot cover the deficit. How will the Government encourage more solicitors to take on this work, and does the Minister agree that the review of civil legal aid has already demonstrated that urgently reducing the bureaucracy and complexity of legal aid contracting is at least part of the answer?

Courts: Backlogs

Debate between Lord Marks of Henley-on-Thames and Lord Ponsonby of Shulbrede

Wednesday 15th January 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I agree with my noble friend that justice delayed is justice denied, and I agree with the sentiments she expressed in her question. But that is the argument for bold and ambitious reform—and we very much hope and expect that that is what Sir Brian will deliver. The review will consider the merits of longer-term reform, as well as court efficiency. Sir Brian will consider court reform options that would reduce demand on the Crown Court, including reclassification of offences, consideration of magistrates’ sentencing powers and the introduction of an intermediate court. The review will provide findings on court reform by spring this year, and its findings on efficiency will come forward by autumn this year.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, will this Government distance themselves from the Conservatives, who blamed the backlogs on Covid and on criminal barristers, who had no option but to strike to secure proper remuneration? Will the Minister tell the House what immediate steps they propose to address the real causes of these record backlogs, which delay trials and frustrate justice—in particular, too few judges, lawyers and court staff; a wrong-headed cap on court sitting days, severely criticised by the Lady Chief Justice, which has led to unplanned courtroom closures; and trials adjourned through listing and prisoner transport mistakes?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the two factors to which the noble Lord referred are real factors—Covid and the action by barristers. However, there is an underlying problem of increasing cases coming to Crown Court, which overlays the other problems to which the noble Lord referred. The Government have increased the number of allocated sitting days to 108,500, the highest level in almost a decade, and increased the sentencing powers of magistrates’ courts from six months to 12 months. Nevertheless, with those two increases, there needs to be further radical reform to address the problem to which the noble Lord referred.