Oral Answers to Questions

Debate between Tim Loughton and David Gauke

Tuesday 9th July 2019 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

The Non-Contentious Probate (Fees) Order 2018 went through Committee at the beginning of the year but has still not been subject to a vote here. Given that the proposed increase, for no additional work, from £215 to potentially £6,000 has been described as an abuse of the Lord Chancellor’s fee-levying powers, has he had second thoughts and decided to reject this iniquitous proposal?

[Mr Gauke]

I think the Government will be responding to that in due course.

[Tim Loughton]

What does that mean?

Legal Aid: Post-Implementation Review

Debate between Tim Loughton and David Gauke

Thursday 7th February 2019 Commons Chamber

[Mr Gauke]

The technology pilots could apply to any area of law, so that certainly does not preclude their applying to the areas the hon. Gentleman mentions. The early intervention pilot is looking at social welfare law as the right place to start. That is where the case for early intervention making a positive difference is strongest, so we are looking into that area. The hon. Gentleman mentioned immigration; we are extending the scope to unaccompanied minors and immigration. I hope that is helpful to him.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The Lord Chancellor did not specifically mention the Legal Aid Board exceptional cases fund, although he did refer to inquests and the possibility of guidance, advice and support for bereaved families. He will know that I have raised the Shoreham air show inquest with the Prime Minister as well as with him and his Ministers. The inquest still has not happened. Hopefully it will happen this autumn, but that will be more than four years since that tragic accident. As it stands, the families have still not had official confirmation that legal aid will be available for their representation at the inquest, while all 18 other interested parties have legal representation. What among the changes the Lord Chancellor has announced will make it much easier for clearly exceptional cases with a clear wider public interest to gain legal aid funding? Is the Lord Chancellor able to confirm what I hope is the case, which is that those families will get the legal representation that they absolutely need and deserve for the inquest this year?

[Mr Gauke]

I pay tribute to my hon. Friend for his work in this area. We are changing the process for the funding for exceptional cases to make it easier to apply. Fundamentally, I believe the inquest system should continue to be inquisitorial, but it is very important that bereaved families do not find themselves excluded or disadvantaged—my hon. Friend has made that point with great persistence. That is partly about ensuring that coroners and their staff are properly trained to protect the position of bereaved families, but we are also working with other Government Departments to ensure that there is not unfairness in the system. We continue to engage with other Departments to make sure that bereaved families are not put at a disadvantage.

Oral Answers to Questions

Debate between Tim Loughton and David Gauke

Tuesday 13th November 2018 Commons Chamber

[Mr Gauke]

As I have already set out, we are seeing more people going to prison and custodial sentences are increasing for these offences following the change in the law. On the question of deterrence, this is in part about sentencing, and these are clearly serious offences, but there are other factors when it comes to the deterrent effect; it is not just about sentences. We have to bear that in mind as well.

[Tim Loughton (East Worthing and Shoreham) (Con)]

How do we have a “fair and more progressive” way to pay probate fees, as the Minister put it, when the fees for an estate worth £499,999 have risen from £215 to £750, and those for an estate worth £500,000—just £1 more —will rise to £2,500 for not a jot more work on behalf of the Government? How is that fair?