Commons Sense

House of Commons · Ministers' Questions

Criminal Legal Aid

Tuesday 22 September 2020 · 5 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 4 Not answered 0

Key points

  • The Minister values the work of criminal defence lawyers and recognises their role in upholding justice.
  • The Minister mentioned a 23 million investment into the advocates' graduated fee scheme to support the criminal legal profession.
  • James Daly and the Minister agreed on the need to increase fee income to make the legal aid system attractive for new entrants.

Topics (select to filter)

Questions & Answers

Q1 James Daly
Justice & Courts
Context

The question arises from ongoing concerns about the sustainability of criminal legal aid provision.

Question

What steps his Department has taken to improve criminal legal aid provision. The Minister values the work of criminal defence lawyers and recognises their role in upholding justice, but seeks specific measures taken by the department to support the profession through challenging times like the pandemic.

Answer from Alex Chalk

I hugely value the work of criminal defence lawyers, who play a vital role in upholding the rule of law, testing prosecution evidence and ensuring that the innocent walk free. To support the profession through the pandemic, we sought to improve the cash flow for it by making it easier to draw down payment for work already collected, halting the collection of debt by the Legal Aid Agency and relaxing LAA contract requirements to ensure that more staff can be furloughed.

Partly answered

Not addressed: The answer did not provide specific plans or commitments beyond temporary pandemic measures.

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Q2 Gareth Bacon Con Orpington
Justice & Courts
Context

There has been a significant decrease in the number of firms with criminal legal aid contracts from 1,861 to 1,138 over several years. Additionally, recruitment shortages are evident.

Question

According to Government figures, there were 1,861 firms with criminal legal aid contracts in 2010-11 compared to 1,138 now, a decrease of 39%. Fewer than 3% of trainee solicitors work in criminal law. What plans does the Minister have to address this decline?

Answer from Alex Chalk

My hon. Friend raises an important point. We want criminal law and criminal defence to be an attractive, sustainable profession, which is why we put £23 million into the advocates' graduated fee scheme last year, which can benefit solicitor advocates, and why we put, as the first wave of criminal legal aid, up to £51 million into the profession. It is a great and important job, and we want people to go into it.

Partly answered

Not addressed: The answer did not provide specific plans or commitments beyond general statements about attracting more people into the profession.

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Q3 Ben Spencer Con Runnymede and Weybridge
Justice & Courts
Context

There is concern about the sustainability of legal aid funding, impacting access to justice. The question addresses whether current levels disincentivise lawyers from taking on cases.

Question

Does he agree that it is essential for everyone who needs it to have access to legal aid and for it to be set at a level that does not disincentivise lawyers from taking on legal aid cases?

Answer from Alex Chalk

My hon. Friend makes a crucial point. Anyone in this Chamber could be accused of a crime they have not committed, and we need to ensure that there are lawyers who can take on the cases, challenge the prosecution and evidence, and ensure that justice is done. That is why we have the criminal legal aid review, and we want to ensure that that independently led review secures a sustainable profession into the future, so that justice can be done in the future.

Partly answered

Not addressed: The answer did not provide specific plans or commitments beyond stating the importance of ensuring access to justice.

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Q4 James Daly
Crime & Law Enforcement Employment
Context

There is ongoing concern about fee income levels in the criminal legal aid sector, affecting its sustainability.

Question

Will he work with all stakeholders to ensure that fee income is increased, as it is the single most important issue to every firm of criminal law solicitors?

Answer from Alex Chalk

I particularly thank my hon. Friend, who has been such a powerful champion of criminal defence. He is absolutely right. It has to be a system that offers rates that are attractive to people coming into the profession. Crime lower work—that critical work at police stations and in the magistrates court—has to be properly remunerated. The vital work that he has done in the past and that his colleagues do needs to be recognised and rewarded.

Partly answered

Not addressed: The answer did not provide specific plans or commitments beyond acknowledging the importance of proper remuneration.

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Q5 Karl Turner Ind Kingston upon Hull East
Justice & Courts
Context

The criminal legal aid review has been delayed, and there is a sense of urgency among practitioners due to the current state of the justice system.

Question

Nearly two years on from the announcement of a criminal legal aid review, the plan for accelerated items has only just been published. Victims, defendants and practitioners are paying the price. Will the Minister stop dithering, recognise the urgency, and commit to expediting remaining stages?

Answer from Alex Chalk

I thank the hon. Gentleman for his question. I like the hon. Gentleman, but I am afraid he is completely wrong. This is the Government who have put money into the profession. Let me tell him one thing: under his Government, does he know how much money was paid for unused material for advocates? Not a penny piece. This is the Government who are putting money into the profession. That is the way it is going to stay.

Not addressed: The answer did not address the specific request or urgency of expediting stages but instead criticised the previous government.

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