Deaths in Custody (Legal Aid)

Tessa Munt Excerpts

Tuesday 4th February 2014 Commons Chamber

[Tessa Munt (Wells) (LD)]

I have had a similar case in my constituency. The inquest has now taken place, Mr Speaker. James was in his 20s, and he was mentally ill. He was restrained and, unfortunately, died in police custody. When the police force in question has access to unlimited legal advice and expertise at no quantifiable cost, is it not an outrage that the parents, who are so vulnerable at a time like that, should be asked to seek advice from a local solicitor who is not an expert in mental health or deaths in custody?

[Mr Byrne]

Let me deal with a point directly. The family did not choose to be in this position; the Coroners Act 1988 demands an inquest. We in this House are the people who insist on the position my constituents are now in, and we do so for a very good reason: we want to know what happened. Our predecessors in this Parliament felt so strongly about the unchecked actions of an arbitrary state that they deposed the monarch and fought a war to insist on the liberty of the individual and a measure of their protection—we want to know what happened.

--- Later in debate ---

[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.

[Tessa Munt]

Will the Minister give way?

[Mr Vara]

I shall give way for the very last time and on the understanding that the hon. Lady will be very brief, as I am determined to get through a lot of material that I must put on the record.

[Tessa Munt]

I shall be brief. When the Minister is reviewing the situation, will he consider whether it is appropriate for applicants to be pressured—there is no other word to describe it—to seek local and non-specialist advice from solicitors and therefore barristers who have no knowledge about taking on something such as a police force, with all its expertise?

[Mr Vara]

I hope that the hon. Lady will appreciate that I cannot comment on pressures in the individual cases to which she is alluding or on specific cases.

Guidance issued by the Lord Chancellor under the 1999 Act says on contributions:

“Where it is appropriate for a contribution to be payable this may be based upon the applicant’s disposable income and disposable capital in the usual way ignoring upper eligibility limits. Contributions should always be based on what can reasonably be afforded by the applicant and his or her family in all the circumstances of the case.”

It is worth underlining that we do not have a red-line rule on financial eligibility for inquests in the same way as we do for most other categories of law for which civil legal aid is available. There are a large number of variables, as I have mentioned, that the Legal Aid Agency considers when deciding whether to exercise its discretion to waive the limits.

It is also worth making it clear that, contrary to certain reports, there has been no substantive change to legal aid provision for inquests as a result of the recent reforms to the system. On that issue, both the right hon. Gentleman’s party and mine are in agreement. Let me assure the House that legal aid for inquests has been protected by this Government.

Legal help—in other words, the advice and assistance level of legal aid—remains within the general scope of the scheme, subject to merits and means-testing. That can cover all the preparatory work associated with the inquest, which might include preparing written submissions to the coroner. Notwithstanding the pressure on the public finances, the Government made a clear commitment to bereaved families by ensuring that legal help was retained in inquest cases.

Legal aid for representation can also be provided exceptionally where certain criteria are met. Those criteria have remained largely unchanged from those that operated under the 1999 Act. Let me be clear that under the new statutory scheme all individual decisions on legal aid, including exceptional funding decisions, are taken by the director of legal aid casework at the Legal Aid Agency.

However, the Lord Chancellor has published guidance setting out the general circumstances in which he considers that exceptional funding may be required under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The director of legal aid casework is not bound by that guidance, but he must have regard to it when reaching individual decisions, together with any representations made by applicants on the individual case or any new and relevant case law.

Under section 10 of LASPO, the director of legal aid casework can grant exceptional funding for representation at an inquest where it is required by article 2 of the European convention on human rights, to which the right hon. Gentleman referred. Article 2 confers a “right to life” and imposes on states a substantive obligation not to take life without justification and to establish a framework of laws, precautions and means of enforcement that will, to the greatest extent reasonably practicable, protect life. The other ground on which the director can grant funding for representation at an inquest is where representation for the family is likely to produce significant wider public benefits, meaning significant benefits for a class of person other than the members of the family involved.

On the coronial system, I know that concerns persist about the length of time some cases take to progress. The Coroners and Justice Act 2009 includes a number of provisions that will help to tackle delays in the coronial system, including a new power for the Chief Coroner to direct a coroner to conduct an investigation into a death. There is now greater flexibility on where post-mortem examinations and inquests can be held. They can now happen outside the coroner’s area.

The 2009 Act also requires coroners to notify the Chief Coroner of any investigation that has lasted more than 12 months. The Chief Coroner is then required to provide a summary of such cases in his annual report to the Lord Chancellor, which is laid before Parliament, together with reasons for the delays and any steps he is taking to prevent such delays from becoming unnecessarily lengthy.

While this debate has focused on legal aid, the coronial system and the police, there is, of course, a broader issue at stake. Let me be clear that the Government take deaths in custody extremely seriously. Deaths in custody are among the most scrutinised of all incidents. All deaths in custody are subject to a number of investigations, including, in the case of police custody, an independent investigation by the Independent Police Complaints Commission. Of course, an inquest is also held. Those investigations will usually involve the participation of the bereaved family.

I should like to acknowledge the ongoing work of the ministerial council on deaths in custody, which incorporates senior decision makers, experts and practitioners in the field. This allows for an extended, cross-sector approach to deaths in custody and is designed to ensure better learning and sharing of information. The council works to ensure that lessons learned in any area of state custody are disseminated across the police, prisons, approved premises, immigration, detention, and secure hospitals. The council commenced operation in 2009 and is jointly funded by the Ministry of Justice, the Department of Health and the Home Office. The House will want to know that funding has been extended until March 2015.

Let me again thank the right hon. Gentleman and all other hon. Members who have spoken. I hope that I have been able to offer some reassurance as to the position concerning legal aid, what the Government are doing to tackle delays in the coronial system, and the Government’s position on deaths in custody more generally. To the extent that there are matters outstanding, I am happy to write to the right hon. Gentleman and, indeed, to have a meeting with him as well, although, as I say, my ability to influence the Legal Aid Agency is somewhat limited.

Question put and agreed to.