Commons Sense

House of Commons · Ministers' Questions

Legal Aid: Immigration Cases

Tuesday 21 November 2023 · 4 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

  • Legal aid is available for asylum cases, domestic abuse victims, modern slavery victims, separated migrant children, and for challenging detention decisions.
  • The 15% increase in legal aid rates was agreed upon after a six-week consultation.
  • The Government states that 2 billion in legal aid funding indicates the system is not under-resourced and that levels of legal aid are increasing.

Topics (select to filter)

Questions & Answers

Q1 Richard Thomson
Immigration Justice & Courts
Context

The adequacy of legal aid for immigration cases has been brought into question.

Question

What assessment his Department has made of the adequacy of legal aid for immigration cases?

Answer from Mike Freer

Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.

Partly answered

Not addressed: Did not provide an assessment of adequacy

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Q2 David Linden SNP
Immigration Benefits & Welfare
Context

The Law Society has warned about the consequences of a proposed 15% increase in legal aid rates.

Question

The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure sufficient immigration lawyers are available. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London charities only find representation for 4.1% of referrals. What steps is the Minister taking to prevent collapse in the legal aid sector?

Answer from Mike Freer

The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.

Partly answered

Not addressed: Did not outline concrete steps or timeline

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Q3 Richard Thomson
Asylum & Refugees Benefits & Welfare
Context

There are approximately 175,000 people trapped in the current asylum backlog.

Question

Instead of the Government's Rwanda policy, would it not be better to allow asylum seekers to work and support themselves? Would allowing access to work also adequately resource the Home Office and legal aid system to meet international obligations?

Answer from Mike Freer

The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration.

Partly answered

Not addressed: Avoided discussing alternative policies and work access for asylum seekers

How: Redirecting Question

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Q4 Chris Stephens SNP
Immigration Justice & Courts
Context

The Lord Chancellor faces a judicial review over the failure to ensure immigration legal aid availability.

Question

Is this not an abject failure of the legal aid system? The south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm can carry almost 500. Is this moral bankruptcy or incompetence?

Answer from Mike Freer

I do not accept that characterisation at all. This Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available, whether physically or through telephone advice.

Partly answered

Not addressed: Did not address specific failures or capacity issues

How: Denying The Characterisation

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