Legal Aid: Post-Implementation Review

Lucy Frazer Excerpts

Tuesday 4th September 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I thank the hon. Member for Westminster North (Ms Buck) for bringing the debate. I acknowledge her work, as others have done, as chair of the all-party parliamentary group on legal aid. I am delighted to have the opportunity to respond, because legal aid is an important part of our legal system. It is fundamental that individuals have access to justice—the ability to determine their rights in a fair and impartial way—and, as the hon. Lady said at the beginning of her speech, legal aid is an important part of the process for those who cannot afford to pay for legal representation.

Before I address many of the important points made, I want to make three points, which concern the amount of money we have invested and continue to invest in legal aid, the recent steps we have made to expand the scope of legal aid, and the significant investment we are making in our justice system, which will assist all litigants more broadly. First, on spending, it is important to recognise that the Government spend £1.6 billion a year on legal aid, which is a fifth of the Ministry of Justice budget. That is in addition to other sources of funding to ensure justice and the fair determination of rights. For example, in the last three years we have spent almost £6.5 million in addition through the litigants-in-person support strategy to help people to navigate the legal process.

Secondly, in recent months the Government have increased the scope of legal aid in a number of areas, as the hon. Member for Hammersmith (Andy Slaughter) kindly highlighted. In January, we broadened the accepted evidence for domestic violence and removed all time limits. Since then, in the first quarter of this year, there has been a 21% increase in applications for legal aid for domestic violence and a record number of legal aid grants were made.

In February, as the hon. Gentleman mentioned, we broadened the scope for legal aid for prisoners, and in June we updated the legal guidance for inquests on cases involving deaths in custody. In doing so, we have ensured that the starting presumption is always that legal aid should be available for such cases. I have also recently committed to laying an amendment to LASPO before the end of the year to bring immigration matters for unaccompanied and separated children into scope of legal aid.

Thirdly, it is important to mention that the Government are making a significant investment to transform our courts and tribunal services—we are investing £1 billion to bring our justice system into the 21st century. That helps vulnerable people in a number of ways. It enables traumatised and vulnerable witnesses to give pre-recorded evidence. It enables those who find it difficult to travel to court the opportunity to take part by video link. It enables those who are time-pressed to make applications to court online, for example, for divorce or for probate. It enables those who wish to resolve money disputes up to £10,000 to make claims online and, should both parties agree, to settle without going to court. It also enables those making welfare claims to do so online, get updates about those claims online and deal with queries and issues before a hearing by liaising with the judge online. All those mechanisms and that investment make our justice system more accessible and more available to all. The Government are investing in our justice system in so many ways to protect the vulnerable and to facilitate justice outside the provision of legal aid.

I turn to the changes made by LASPO. The hon. Lady rightly highlighted that the Joint Committee on Human Rights, on which she serves, recently published a report, which I read with interest. She and the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) are right to identify that changes were made to legal aid by the coalition Government through LASPO in 2012, but it would be wrong not to mention the context in which those changes were made.

When the programme to reform legal aid commenced in 2010, the scale of the financial challenge facing the Government was unprecedented. As the then Chancellor said in November 2010, the Government faced

“the greatest budget deficit in our peacetime history”.—[Official Report, 29 November 2010; Vol. 519, c. 529.]

The Government’s financial deficit for the fiscal year 2010-11 was almost £144 billion, according to the Office for National Statistics. The savings required from public services to cut the deficit were substantial, in which circumstances the Government made difficult choices. They rightly focused their resources on the most vulnerable people in our society and set the following principles for LASPO: to discourage unnecessary and adversarial litigation at public expense; to make significant savings to the cost of the scheme; to deliver better overall value for money for the taxpayer; and to target legal aid at those who most need it.

The hon. Member for Westminster North was right to identify that we are in the process of a review. My officials have met more than 70 organisations to gather evidence from across the justice system. Over recent months, I have met representatives of Resolution, Women’s Aid, the Law Centres Network and the Low Commission to gain a greater understanding of the impact of the legal aid changes. I am also pleased to have recently led a number of roundtable discussions focused on topics such as domestic violence and improving the use of technology in the justice system. Those discussions, and this debate, will better inform our thoughts and views on the LASPO review.

I will respond to some of the points made by hon. Members from both sides of the House. In the short time that I am on my feet, I will not have time to address all the points that the hon. Member for Westminster North made, but I will take up her offer and address those that are outstanding in writing. I will try to go through as many as I can in the time remaining. Many hon. Members asked about the timing of the review. The Government remain committed to responding by the end of the year. The hon. Member for Westminster North suggested that there was a lack of transparency, which I hope is not the case. I have mentioned the large number of third parties with which we are engaging and having extremely transparent discussions. In July, we published an update on gov.uk about the progress of the review, which included the agendas of the consultation groups.

The hon. Lady started and finished with the impact of the changes on providers, which she said meant that providers were closing. She asked how we were going to deal with that. The Legal Aid Agency regularly reviews market capacity to assess capacity around the country. In a recent retender of face-to-face contracts, it received tenders from more than 1,700 organisations that wished to deliver face-to-face civil legal aid work. Those organisations submitted more than 4,300 individual bids, so it is confident that a good quantity of people are providing work at the moment.

The hon. Lady mentioned solicitors more broadly and the recent Law Society study. There is a further study in relation to the age of the profession, which I have looked at with interest. I am meeting the Law Society this month to discuss that and several other matters. In relation to barristers, we recently launched our consultation on the advocates’ graduated fee scheme, with a commitment to put a further £15 million into criminal advocacy.

The hon. Lady mentioned exceptional case funding and human rights. Quotes and figures were given about the start of the exceptional case funding scheme. Concerns have been expressed, but it is important to point out that the number of applications has risen significantly in recent years. In the first quarter of 2018, 745 applications were made through the ECF, which is a 40% increase on the previous year. Not for the first time, concerns were also expressed about the telephone gateway. As a result of those concerns, I recently had a meeting in Nottingham with the Legal Aid Agency and the provider of the telephone gateway service to understand how that service operates. I was interested to hear that they say that more than 90% of people find the service helpful, but I will continue to look at that.

Briefly, the hon. and learned Member for Edinburgh South West (Joanna Cherry) mentioned the Scottish law review. I have read it, and it is interesting that some of the ideas in it are already being put in place by this Government—for example, video links and the online court. I have not been able to address all the points that have been made in the debate, although I would have liked to, because these are important matters. However, I am pleased that I have had the opportunity to touch on some of the issues that are so important to the House.