Tuesday Volume 669 14 January 2020 No. 9 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 14 January 2020 © Parliamentary Copyright House of Commons 2020 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 865 14 JANUARY 2020 866 Over a year ago, the UN special rapporteur said that House of Commons Conservative cuts to legal aid had “effectively deprived” Tuesday 14 January 2020 people of their human right to a remedy.” The House met at half-past Eleven o’clock Is it not the case that if the UN special rapporteur returned today they would make exactly the same finding because the Government have not done anything to PRAYERS address that? Is that failure to respond the result of incompetence or is it simply because they do not care? [MR SPEAKER in the Chair] Wendy Morton: I do not accept the accusations made by the hon. Gentleman. I have made it absolutely clear Oral Answers to Questions that access to high-quality,early legal aid can be important in supporting people in resolving their problems at an early stage. Last year, we spent £91 million on early legal advice through legal help, and our total spend was JUSTICE £1.7 billion. We are in the process of launching a series of pilots offering support to people with social welfare The Secretary of State was asked— problems such as housing. I believe in access to justice, Legal Aid Access which is a fundamental right, and the Government are committed to ensuring that everyone can have the timely 1. Miss Sarah Dines (Derbyshire Dales) (Con): What support that they need. steps his Department is taking to ensure that legal aid is accessible to people who need it. [900150] Richard Burgon: What people who are denied their basic rights need from the Government is action, not The Parliamentary Under-Secretary of State for Justice words. The UN special rapporteur said that the cuts (Wendy Morton): It is a pleasure to be in the Chamber, had “overwhelmingly affected the poor” and disabled Mr Speaker, with you in the Chair. people. Labour is calling for the return of all legal Access to justice is a fundamental right and the aid-funded early advice, which would be a lifeline for Government are committed to ensuring that everyone the single mother standing up to a lousy landlord, the can get the timely support that they need to access the worker standing up to a bullying boss, or the migrant justice system. However, legal aid is only part of the fighting cruel Home Office policies. Does it not say picture. We are also enhancing the support and offer to everything about whose side the Government are on litigants in person by providing a further £3 million of that they are deliberately preventing those people from funding over the next two years to ensure that those defending their hard-won rights? representing themselves in court understand the process and are better supported through it. We are additionally Wendy Morton: No, I do not accept that. I go back to investing up to £5 million in a legal support innovation my earlier point: we believe in access to justice, particularly fund alongside many other initiatives. early legal support for those people who absolutely need it. We have pilots, and the innovation fund is being Miss Dines: I should declare my interest as a former introduced. The Government remain firmly committed legal aid barrister. One of the first emails that I received to helping those people who need early legal support following my successful election as Member of Parliament and legal advice. for Derbyshire Dales was from a constituent about legal aid issues. What steps is the Minister taking to ensure Mr Philip Hollobone (Kettering) (Con): What can be that we do not waste legal aid on those who do not need done to stop millions of pounds of public money being it or on poor administration and excessive charges, and spent on legal aid to support the defence of terrorist focus legal aid on provision for truly vulnerable people suspects who are accused of the most heinous crimes? who really need it? Wendy Morton: I am grateful to my hon. Friend for Wendy Morton: I am grateful to my hon. Friend for her question. She brings a huge amount of experience his question. He makes a fair point, but this is about in family law to this place. She has made an important people having access to justice when they need it. As I point. The Government have always made it clear that it said, the Government remain committed to ensuring is important that legal aid should be targeted on those that people have access to justice and support when who need it most. Applicants for legal aid funding are they absolutely need it. subject to a stringent merits test. We have begun a review of the legal aid means test to ensure that those Liz Saville Roberts (Dwyfor Meirionnydd) (PC): In who need legal aid, particularly the vulnerable, can March 2018, 22-year-old Luke Morris Jones of Blaenau continue to access it in future. Ffestiniog was the first man to die in HMP Berwyn following a heart attack caused by psychoactive substance Richard Burgon (Leeds East) (Lab): Before asking my abuse. His family, who in this instance did receive legal question I want to put on record the fact that my aid, remain concerned, following his inquest last month, thoughts and, I am sure, those of the whole House are that electrical equipment in cells such as kettles can be with the prison staff at HMP Whitemoor and their used to create the spark needed to take Spice. Will the families after the horrific attack last week. Minister commit to work with others in reviewing whether 867 Oral Answers 14 JANUARY 2020 Oral Answers 868 electrical equipment such as kettles should be removed ability to appeal against ridiculously lenient sentences from cells holding prisoners with a history of Spice for offences such as burglary, possession of a knife, abuse as a matter of urgency? actual bodily harm, and even for rape when dealt with in a youth court. Surely we owe it to the victims of Wendy Morton: I am grateful to the right hon. Lady crime to give them a right to an appropriate sentence. for her question. Although prisons do not fall within my portfolio, I fully understand why she would be Chris Philp: I wholly agree with the sentiment that my concerned about the issue and about the tragedy of the hon. Friend is expressing. Let me reassure him on the gentlemen who lost his life. My hon. and learned Friend question of rape defendants in the youth court. If the the Minister of State would be more than happy to judge feels that the crime is sufficiently grave and merits meet the right hon. Lady to discuss the matter further. a sentence of more than two years, they can move the case to the Crown court, where it is then eligible for the Joy Morrissey (Beaconsfield) (Con): What assurances unduly lenient sentence scheme. In the past few years, can my hon. Friend give me that legal aid is reaching the number of referrals under the ULS scheme has those who need it most—not only in my constituency, increased significantly. In 2018, 1,066 cases were referred but across the UK—in order that they can access justice? to the Attorney General, who passed 140 on to the Court of Appeal; the sentence was increased in 99 of Wendy Morton: I welcome another new Member to those cases. We keep the ULS scheme under continual the Chamber today for MOJ oral questions. review and will certainly consider very carefully my We have made it very clear that we remain committed hon. Friend’s representations about its scope. not only to providing legal aid to those who need it, but to developing further means of legal support including 19. [900170] Lucy Powell (Manchester Central) (Lab/ the expansion of early legal advice to help some of the Co-op): I welcome you to your place in the Chair, most vulnerable people in society with social welfare Mr Speaker. problems such as housing. We are committed to finding effective solutions, because it is often early legal advice As well as victims of crime, there are also miscarriages that makes the difference. of justice. Can the Minister tell us how many appeals the Criminal Cases Review Commission has recommended Andy Slaughter (Hammersmith) (Lab): Will the Minister should progress to appeal, and how many cases the share with us any plans she has to reverse the hundreds Court of Appeal has granted in the last two years? Can of millions of pounds of cuts to legal aid budgets under he assure the House that, if those figures are as low as I the Legal Aid, Sentencing and Punishment of Offenders fear, miscarriages of justice are not being brushed under Act 2012 that have been so destructive of access to the carpet by a legal establishment watching its own justice in this country? back, rather than being open to real scrutiny? Wendy Morton: I think it is fair to say that I have been Chris Philp: The hon. Lady is quite right to raise that setting out some of the action points that we are taking issue. I do not have the figures she asks for immediately forward. We have had the post-implementation review to hand, so perhaps I could undertake to write to her.