Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure that (a) unaccompanied children and (b) other asylum seekers can access legal aid services in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help increase access to legal aid for immigration and asylum cases in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an estimate of the potential additional cost to the public purse for the continued use of the digital case management system as well as Common Platform by Crown Courts.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Whilst the detailed allocation of funding to HM Courts and Tribunals Service (HMCTS) for 2024/25 is still being finalised, the annual support cost for Digital Case Management system is expected to be £0.6 million for the foreseeable future, plus another £0.4 million to complete work on an interface between this and Common Platform in 2024/25.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help ensure that people without the means to pay are able to access legal (a) advice and (b) representation for social welfare matters in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
In the last financial year, we spent approximately £1 billion on civil legal aid to support the most vulnerable.
We have injected £10 million a year into housing legal aid through the Housing Loss Prevention Advice Service (HLPAS). Since the launch of HLPAS in August 2023, individuals in England and Wales who are facing eviction or repossession have been able to receive free early legal advice on housing, debt, and welfare benefits issues.
All HLPAS schemes in Wales are currently served by an in-court duty solicitor who is able to give emergency on the day advice to anyone facing possession proceedings. Additionally, individuals facing the loss of their home can access early legal advice in respect of housing, debt and welfare benefit issues on a remote basis from any HLPAS provider irrespective of their geographic location. The current list of HPLAS providers can be found via this link.
The Ministry of Justice is also providing additional support to providers who deliver HLPAS, funding a panel of specialist legal advisors (available to providers across England and Wales) and providing £1.5 million in grant funding for the recruitment of trainee solicitors in England and Wales. Both measures are intended to boost provider expertise in social welfare law and enhance their ability to deliver legal aid.
The following table is a breakdown of legal aid providers and provider offices in Wales (position as of 2 April 2024). The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid, including under the relevant HLPAS schemes.
Category | Providers | Offices |
Debt | 5 | 27 |
Housing | 5 | 27 |
Welfare Benefits | 1 | 1 |
HLPAS | 1 | 7 |
Wherever you are in England and Wales, legal advice for housing and debt remains available through the civil legal advice telephone service.
Furthermore, since the publication of the Legal Aid Means Test Review (MTR) Consultation Response in May 2023, the Government has been developing detailed implementation plans for the new legal aid means assessment. When fully implemented, this will increase the number of people eligible for civil legal aid in England and Wales by an additional 2.5 million per year.
The Ministry of Justice is also undertaking a Review of Civil Legal Aid to identify evidence-based options for moving to a more effective, efficient, and sustainable system for legal aid providers and the people who rely on legal aid. We will publish reports for all workstreams by May 2024, and plan to consult on proposed options in a Green Paper in July.
Asked by: Robert Buckland (Conservative - South Swindon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he is taking steps to publish claimant data for County Court Judgments.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice recently held a consultation about including claimant names on the Register of Judgments, Orders and Fines (the Register). We intend to publish a response to that consultation in due course. That response will set out whether the Government intends to bring forward legislation to allow for the publication of claimant names on the Register.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that perpetrators of violent crimes who live close to their victims are not bailed to their home address.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The decision to remand an individual in custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the law. The Ministry of Justice therefore cannot intervene in any decision made by the court. The procedures for considering bail and custodial remand are set out in the Bail Act 1976. The Bail Act 1976 sets out the statutory rules which govern the making of judicial decisions on whether to grant bail or remand in custody. The Act creates the presumption in favour of bail for all defendants involved in criminal proceedings.
The courts have the power to impose a broad range of robust bail conditions as part of a bail package. This includes electronically monitored exclusion zones and curfews. Courts will ensure that they have all information concerning the possible imposition of conditions such as suitable accommodation and proximity to victims, before they make a decision on final bail conditions. The rollout of the Bail Information Service, which has received £53 million of funding until 2028, means that dedicated Bail Information Officers will provide courts with bail information reports which contain relevant and factual information to enable the court to reach an informed yet independent decision on whether bail should be granted to a defendant. This will include any recommendations on the suitability of their accommodation or whether alternatives need to be considered.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of trends in the level of (a) drug use and (b) synthetic drug use in prisons.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The latest information on random mandatory drug testing in prisons can be found in the HMPPS Annual Digest here: HMPPS Annual Digest, April 2022 to March 2023 - GOV.UK (www.gov.uk).
All prisons have a zero-tolerance approach to drugs, and we are highly aware of the threat synthetic substances present. In response, His Majesty’s Prison and Probation Service (HMPPS) continue to develop capabilities to drug test prisoners who are suspected to have used, or are at risk of using, these dangerous substances. In addition, all prisons have been provided with access to forensic testing of items seized or found within the estate.
Our £100 million Security Investment Programme, aimed at reducing crime in prisons, including reducing the conveyance of illicit items such as drugs, was completed in March 2022. This investment delivered 75 additional X-ray body scanners resulting in full coverage across the closed adult male estate. Under this programme, all public sector sites have also been provided with next-generation drug trace detection machines. This technology enables prisons to detect attempts to convey drugs into prisons. The equipment is effective in identifying drugs that have been soaked onto letters, clothing and other items.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has piloted a harm reduction approach to drug use in prisons.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Ministry of Justice works closely with NHS England and the Department for Health and Social Care to ensure that all prisoners who need it have access to high-quality substance misuse treatment.
This includes:
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance is available to courts on the impact of bailing people to live at their home address.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Adult Court Bench Book provides guidance for magistrates who sit in the adult court dealing mainly with defendants aged 18 or over. The Bench Book covers bail and remand and indicates the considerations that must be taken on whether to bail or remand a defendant. If a bail application is made, the magistrates must satisfy themselves that they have been provided with all the relevant information to decide whether to bail or not, including that of accommodation.
The rollout of the Bail Information Service, which has received £53 million of funding until 2028, means that dedicated Bail Information Officers will provide courts with bail information reports which contain relevant and factual information to enable the court to reach an informed yet independent decision on whether bail should be granted to a defendant. This will include any recommendations on the suitability of their accommodation or whether alternatives need to be considered.
Asked by: Diana Johnson (Labour - Kingston upon Hull North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to bring forward legislative proposals to enable cohabiting couples to share financial and property rights.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Government considers that its existing work underway on the law of marriage and the Law Commission’s work on financial provision on divorce must conclude before considering any change to the law in respect of the rights of cohabitants. This is because any new legal rights and obligations afforded to cohabitants would necessarily need to be considered against a baseline of rights afforded to married parties or civil partners.