Oral Answers to Questions

Debate between Oliver Heald and Kelvin Hopkins

Tuesday 1st November 2016 Commons Chamber

[Kelvin Hopkins (Luton North) (Lab)]

4. What steps she is taking to assess the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on access to justice.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The coalition Government promised to review parts 1 and 2 of the Act and we remain committed to undertaking that review.

--- Later in debate ---

[Kelvin Hopkins]

I thank the Minister for his answer to my question, but a TUC report of this October raised concerns that the Act is a barrier to access to justice for victims of domestic violence. The regulations concerning the provision of evidence of domestic violence are restrictive and narrow and have led to a 16% drop in applications and a 17% drop in applications granted. Is it not time the Secretary of State admitted that the Act is denying access to justice for thousands and must be amended?

[Sir Oliver Heald]

It is of course important that legal aid is available for victims of domestic violence, particularly those seeking protective injunctions. On the evidence requirements, in April we more than doubled the time limit on evidence from two to five years, and we have introduced a provision that allows the Legal Aid Agency to grant legal aid if it is satisfied that an application demonstrates financial abuse. This is important and it has been varied in the light of experience over the last two or three years, and we will continue to monitor it.