Oral Answers to Questions

Sarah Wollaston Excerpts

Tuesday 23rd November 2010 Commons Chamber

[Mr Clarke]

I have no idea why the heart of our sentencing reform is described by sections of the press and some Members of Parliament as just getting rid of all short-term sentences and replacing them with community sentences. I have no doubt that there is an important role for community sentences, and we must make them more credible, more punitive and more effective—some of them already are. The important thing is that every case should receive the right sentence based on the facts and the offender in order to protect the public. That will be the underlying aim of the entire sentencing review.

[Dr Sarah Wollaston (Totnes) (Con)]

15. What assessment he has made of the effects on the NHS of removing clinical negligence from the scope of legal aid.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

Clinical negligence cases against the NHS are funded approximately 50:50 between legal aid and no win, no fee agreements with lawyers. We will be interested to understand through our consultation the specific impact on the NHS of the removal of clinical negligence cases from the scope of legal aid, which should save some £17 million to legal aid. However, we also estimate that our proposals to reform no win, no fee conditional fee agreements will save around £50 million each year to the NHS in reduced legal costs.

[Dr Wollaston]

Could reducing legal aid for clinical negligence lead to an upsurge in no win, no fee deals and an increase in the compensation culture?

[Mr Djanogly]

My hon. Friend is right to point out that changes in one area can have knock-on implications in another area. It is important to point out that that is precisely why we put out the legal aid consultation document on the same day as Sir Rupert Jackson’s proposals on no win, no fee agreements. The two can be weighed up together and the consultation will therefore take a holistic approach.