Oral Answers to Questions

Debate between Richard Thomson and Mike Freer

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.

[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.