Deaths in Custody (Legal Aid)

Debate between Shailesh Vara and Liam Byrne

Tuesday 4th February 2014 Commons Chamber

[Mr Vara]

The hon. Lady seeks to tempt me into territory into which I cannot go. What I will say is that as far as her constituent’s case is concerned, the process is still ongoing. As I understand it, a decision on legal aid has not been made, and dialogue is still going on. I trust she will accept that.

Although I cannot comment on the decision concerning Mr Butler’s family, I understand from the Legal Aid Agency that there was an issue concerning financial eligibility and whether it was appropriate for the family to pay a contribution, which is something that the right hon. Gentleman mentioned. I hope I can assist the House by explaining how the means test is applied to inquest cases. Legal aid for the representation of bereaved families at inquests is means-tested, like nearly every other element of the civil legal aid scheme. It is important that we focus our limited resources on those who need them the most, and the means test is an important and long-standing part of the legal aid system which has been in place since well before this Government came to power.

There is discretion to waive the financial eligibility limits for inquests if, in all the circumstances, it would not be reasonable to expect the family to bear the full costs of legal assistance at the inquest. Whether that is reasonable will depend in particular on the history of the case, the circumstances, the issues raised against state institutions, the applicant’s assessed disposable income and capital, the other financial resources of the family and the estimated costs of providing representation. Contributions from the applicant can also be waived in whole or part.

That is the position under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, but it was also the position under the Access to Justice Act 1999, the legislation that applied to Mr Butler’s case.

[Mr Byrne]

The Minister is replying in a courteous and thoughtful manner. He has given us a number of helpful words about the broad principles of the means-testing regime, but I hope he will not elide over the point that when we passed the 2009 Act we decided to include section 51, which accepted that there were wider public interests at play in inquests that delved into deaths in state custody and explicitly provided for full legal aid costs to be provided to families in such cases. The Lord Chancellor has not implemented section 51. The arguments about it have already been rehearsed and the House has passed it. When will it be implemented?

--- Later in debate ---

[Mr Vara]

In the same way as the previous Administration did not implement it for 11 years—

[Mr Byrne]

It was the 2009 Act.

[Mr Vara]

Well, the previous Government made provision for it but they did not implement it. I do not know when it will be implemented, but I am happy to reflect on that matter and write to the right hon. Gentleman. Let me put on the record that the criteria under the Access to Justice Act still apply, as that was the Act that was applicable when Mr Butler’s case first arose.