Oral Answers to Questions

Mike Freer Excerpts

Tuesday 21st November 2023 Commons Chamber

[Richard Thomson (Gordon) (SNP)]

16. What assessment his Department has made of the adequacy of legal aid for immigration cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.

[David Linden]

The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that sufficient immigration lawyers are available to deal with deportations to Rwanda. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London, charities are only successfully finding legal representation for 4.1% of referrals. What steps is the Minister taking to ensure that the legal aid sector does not collapse in England and Wales due to the poor decisions made by his colleagues?

[Mike Freer]

The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.

[Richard Thomson]

There are approximately 175,000 people trapped in the current asylum backlog, many of them living in hotels with no right to support themselves or their families through work. Instead of unlawful and pointless dog-whistling gestures such as the Government’s Rwanda policy, would it not be better to allow people the opportunity to work and support themselves, and to allow the Home Office and the legal aid system to be resourced adequately so that we can deal with our international obligations exactly as we ought to?

[Mike Freer]

The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.

[Mr Speaker]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?

[Mike Freer]

I do not accept that characterisation at all. In fact, this Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available to people, whether physically or through telephone advice. Access to justice, and access to legal aid, is there.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

6. What progress he has made on improving employment opportunities for ex-offenders.

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[Alex Cunningham (Stockton North) (Lab)]

Contrary to the claims of Ministers at every Question Time that they are getting the courts backlog sorted out, they are not, and the pain just drags on for victims. The Crown court backlog reached a record 65,000 cases at the end of June. Nearly 5,000 of them have been waiting for two years and 36,000 cases have defendants on bail. Why are things still getting worse?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

I have to say, Mr Speaker, that God loves a trier. Yes, the backlog has gone up. The hon. Gentleman will know that post covid and post the Criminal Bar Association strike, the backlog did increase. On top of that, this Government have cracked down on crime with more police officers, and that has meant more people being charged and appearing in court. We are addressing this with unlimited sitting days. We recruited 1,000 judges across all jurisdictions last year and we are doing the same this year. We have invested in the court estate to improve resilience, and we have extended 24 Nightingale courts to ensure that we have capacity.

[Alex Cunningham]

Come on now—we know that the statistics tell a very different story. The Crown courts remain in crisis, and what about the civil courts? The quarterly civil justice statistics from April to June 2023 show that the average time taken for small claims and multi-fast-tracked claims to go to trial was 52 weeks and 78 weeks respectively. Is it the same excuse for the crisis in the civil courts?

[Mike Freer]

Since the Government have increased the amount of money spent on the Children and Family Court Advisory and Support Service, we have recruited judges across the jurisdiction to help in the civil courts, increased the number of days that fee-paid judges can do from 30 days to 80 days a year, introduced regional virtual pilots to support London and the south-east, and invested in mediation. All of this is ensuring that people have access to justice in a court system that is dealing with higher numbers of cases than ever before.

[Priti Patel (Witham) (Con)]

T5. The Minister will be aware that approximately £1 million of taxpayers’ money was spent, including through legal aid, on finally deporting the vile sex offender Yaqub Ahmed, whose crimes were just unimaginable. Will the Secretary of State and the Minister ensure that legal aid processes are reviewed and, importantly, dust off the previous plans to introduce wasted cost orders in immigration cases so that lawyers who pursue these spurious cases are prevented from doing so?

[Mike Freer]

As my right hon. Friend will appreciate, I cannot comment on individual cases, but I can reassure her that the payment of wasted or unreasonable costs can already be ordered by the tribunal if it considers it appropriate. Given the issue that she has raised, however, I would be more than happy to meet her to ensure that her concerns are conveyed firmly to those responsible for the reviews.

[Andy Slaughter (Hammersmith) (Lab)]

T2.   Eight courts have so far been named as containing reinforced autoclaved aerated concrete—RAAC—and three of them are closed. The Government will not say which prisons are affected, but will they guarantee that funding for RAAC removal will not come at the expense of existing maintenance schemes, given the huge backlog of repairs in courts and prisons?

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[Vicky Ford (Chelmsford) (Con)]

I thank the Courts Minister for his recent letter on recruitment and retention of legal advisers in Essex and the impact that that is having on court listings. Although I know that he and I agree about the independence of the judiciary regarding individual cases, will he meet me to discuss what more might be done to fill the vacancies for legal advisers in Essex?

[Mike Freer]

I am always happy to meet my right hon. Friend.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Secretary of State has alluded to the continuing reduction in reoffending rates among those leaving prison. Does he agree that central to maintaining confidence in the wider community is that the reoffending rate goes down further still?