Louise Haigh
Main Page: Louise Haigh (Labour - Sheffield Heeley)Department Debates - View all Louise Haigh's debates with the Ministry of Justice
(5 years, 4 months ago)
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I give way to my hon. Friend the Member for Sheffield, Heeley (Louise Haigh).
I congratulate my hon. Friend on making a powerful speech, and I thank her for initiating the debate. The point she is making, and the examples she gives, are incredibly important. This debate is about death at the hands of the state, and the families who are trying to improve things so that such deaths never happen again, and the same mistakes—or criminal acts—are not made again. Given what we are talking about, does she agree that it is even more grossly unfair that the state’s legal advice and representation should be so thoroughly weighted against the victims?
My hon. Friend is absolutely right. All we are asking for is a level playing field. At the moment, the situation is totally disproportionate—a point I will come to.
The families of victims require help, accountability and answers, not only for themselves but, selflessly, to make sure that no other family goes through what they have. Instead, they are left by a callous Government to fight alone, their voices denied and excluded from the process. The scale of the discrepancy is a disgrace. In 2017 the Ministry of Justice spent £4.2 million on legal representation for the Prison Service in inquests involving deaths. In the same year the families of those who died were awarded just £92,000 in legal aid. I ask the Minister again: how can we in this place look the families of victims in the eyes and tell them that the current system is fair?
Where families are seeking through truth the knowledge that their loss was not in vain, the state seeks damage limitation through multiple expert legal teams defending the interests and reputations of corporate bodies. Such a staggering inequality of arms is a stain on our justice system. The testimony of those who have experienced it at first hand, kindly provided to me by Inquest, serves to prove it so. The process required to acquire legal aid is complicated, and the effects on those not fortunate enough to be successful are devastating. One father who lost his son in police custody said:
“The legal aid application process was incredibly stressful...the hoops we had to jump through to get funding to represent our son, who died as a result of one of the state agency’s actions, remains a source of anger and hurt.”
Another, who lost his daughter in a care home after a long history of serious mental ill health, said:
“The time, effort, emotional energy, distress that the process has cost me in itself is very damaging. The cost of my legal representation to the State fades into insignificance compared to the cost the State has incurred in the aftermath of my daughter’s death.”
Another who was unsuccessful in their legal aid application said:
“We had to do everything ourselves. We had no lawyer at the inquest. Those three weeks were the most terrifying thing I’ve ever done in my life. I had to cross examine witnesses, it was absolutely terrifying, and they had lawyers. There needs to be a level playing field; a family member should never be put through that.”