Criminal Legal Aid 2020-09-22
2020-09-22
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The question arises from ongoing concerns about the sustainability of criminal legal aid provision.
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.
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.
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Assessment & feedback
The answer did not provide specific plans or commitments beyond temporary pandemic measures.
Response accuracy
Q2
Partial Answer
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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.
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?
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.
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Assessment & feedback
The answer did not provide specific plans or commitments beyond general statements about attracting more people into the profession.
Response accuracy
Q3
Partial Answer
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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.
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?
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.
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Assessment & feedback
The answer did not provide specific plans or commitments beyond stating the importance of ensuring access to justice.
Response accuracy
Q4
Partial Answer
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Context
There is ongoing concern about fee income levels in the criminal legal aid sector, affecting its sustainability.
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?
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.
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Assessment & feedback
The answer did not provide specific plans or commitments beyond acknowledging the importance of proper remuneration.
Response accuracy
Q5
Partial Answer
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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.
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?
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.
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Assessment & feedback
The answer did not address the specific request or urgency of expediting stages but instead criticised the previous government.
Response accuracy