Legal Aid

Debate between Afzal Khan and Dominic Raab

Tuesday 15th March 2022 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Today I am publishing the Government’s response to the independent review of criminal legal aid. Copies are available in the House. Our proposals will put criminal legal aid on a stable and sustainable footing for the future. They will help to deliver this Government’s objectives of delivering swift access to justice, and they will usher in the reform we need at this crossroads moment as we build back a stronger and fairer society after this debilitating pandemic.

Covid-19 has been exceptionally challenging across our justice system. We owe our whole legal profession—the solicitors, the barristers, the judges and the court staff—an enormous debt of gratitude for keeping the wheels of justice turning over the past two years. Thanks to their efforts, we are driving down the court backlog and returning to a more normal way of working—in the interests of victims, witnesses, and of course the wider public. I thank Sir Christopher Bellamy for his comprehensive and invaluable review, along with his panel of experts and everyone else who contributed their views.

As I said, this is a crossroads moment. Our legal aid system needs investment if defendants are to have access to the highest-quality advice and advocacy, and if we are to ensure a sustainable criminal legal profession right into the future. To that end, Sir Christopher made two headline recommendations in his review. First, he proposed an increase of 15% in the various criminal legal aid fee schemes. I have accepted this in almost all respects, except where it risks introducing perverse incentives—for example, if it were to be applied to the rate of pages of prosecution evidence.

Secondly, Sir Christopher recommended an overall increase in investment in criminal legal aid of £135 million. Our package of reforms, announced today, matches that recommendation. As part of that, we will hold £20 million aside each year for longer-term investment, including reform of the litigators graduated fee scheme, the youth court, and the wider sustainability and development of solicitors’ practice, so that the system pays more, and more fairly, for the work actually done. On top of our additional funding to support court recovery, this will take taxpayer funding of criminal legal aid to £1.2 billion—the highest level in a decade.

Let me now unpack some of this for the House. In the short term, our cash injection will give a 15% boost to police station work, magistrates court work, much of the Crown Court work of advocates and litigators, and the work of solicitors in very-high-cost cases, as well as some of the smaller schemes. While getting pay and conditions right is clearly critical, Sir Christopher also made a number of wider systemic recommendations about the future of criminal legal aid that we also intend to take forward. We will reform fee schemes so that they properly and fairly reflect the way our legal professions work in the real world today. We will increase the diversity of our legal professions, promote a more sustainable criminal defence market, and harness the power of new technology.

Supporting a sustainable, diverse and stable criminal defence market depends both on the right fees and on having an adequate supply of legal practitioners, so we propose to review the standard crime contract to reduce barriers to innovative ways of doing business. We will offer grants for training contracts for criminal solicitors, and for solicitor advocates to gain higher rights of audience, expanding the supply of high-quality lawyers in the system. The Chartered Institute of Legal Executives has helped to remove barriers to entry into the profession and, in particular, has helped to promote non-graduate routes into the law. We want to take those reforms further again. So under our proposals, CILEX professionals will be able to become duty solicitors without having to achieve additional qualifications.

Work as a duty solicitor often involves unsocial hours and lengthy travel, making it hard for those with caring responsibilities, who are disproportionately women, to pursue a career in criminal defence. We want to make it easier for everyone to work in this area, so we will explore new ways of delivering remote legal advice in police stations. As Sir Christopher highlighted, the sustainability of the criminal solicitor profession is a particular challenge, so today I am proposing to expand the Public Defender Service, focusing on areas where more capacity is needed. That means that when there is risk of market failure, we will have a more flexible range of options to address it.

Next, Sir Christopher recommended that I propose an advisory board that will help represent all parts of the profession and shape future criminal legal aid policy. We will also gather views on how and where the innovative new technology that is helping us with the backlog can be used to even greater effect.

Our proposals respond to the full range of Sir Christopher’s review. They will increase efficiency across our system and deliver swifter justice for victims and defendants by incentivising early advice and resolution where that is right and proper. They will reinforce a more sustainable market, with publicly funded criminal defence practice seen as a viable, long-term career choice, attracting the brightest and best from all backgrounds and providing a further pipeline for the judges of tomorrow. It is only right that, as we reinforce the supply and sustainability of legal practice, we look closely at those who our legal system and our legal aid system are there to support, namely those who need legal representation and cannot afford to pay for it themselves.

The thresholds for eligibility for legal aid, which have not been raised for more than a decade, need to be reviewed, and it is timely to review them as we consider our wider reforms. Today, we have launched a separate consultation on legal aid means-testing. Our proposals will ensure a fairer justice system that targets legal aid towards the people who need it most—those least able to pay and the most vulnerable in our society. No one’s income or financial situation should stop them enforcing their legal rights or defending themselves when they have been accused of a crime. That is why this Government propose to significantly increase income and capital thresholds for civil and criminal legal aid, so that even more people in England and Wales will qualify for that support.

A funding boost of £20 million means that more than 2 million more people in England and Wales will be eligible for civil legal aid each year, and 3.5 million more will be eligible for legal aid to fund their defence at the magistrates court. We will exclude disputed assets from the civil legal aid means test. That move will particularly benefit victims of domestic abuse where the abuser is controlling assets. We will also remove the financial cap on legal aid eligibility in the Crown court for all defendants, so that everyone can access the right support at the right time.

At the same time, we will remove means-testing entirely for legal proceedings brought by parents whose children are facing the withdrawal of life-sustaining treatment. At the worst time in any parent’s life, those parents must and should have access to proper advice and representation, and they should not be expected to shoulder the burden themselves.

The proposals I have set out today represent a major investment in our legal aid system. They will ensure our justice system is fair, fit for the future and supported by a thriving and diverse legal profession, and that it delivers swifter and fairer justice across our society. I commend this statement to the House.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the Justice Secretary for advance sight of his statement. I could not agree more that we owe our whole legal profession—solicitors, barristers, court staff and judiciary—a debt of gratitude for keeping the wheels of justice turning over the last two years. I pay tribute to their hard work in helping deliver justice for victims. I also put on record my thanks to Sir Christopher Bellamy and the rest of the team for their work.

Today’s announcement and response to the Bellamy review is welcome, particularly the Government’s commitment to increase legal aid rates by the 15% that Sir Christopher Bellamy recommended. The proposed restructure of the fee schemes will benefit members of the public and the profession alike. Similarly, we welcome having an independent advisory board to keep policy matters pertaining to criminal defence under review. Can the Justice Secretary outline the membership of the advisory board? Will he ensure that it is both representative and diverse, to help deliver meaningful change?

We will study many of the other measures that the Justice Secretary has mentioned, including the reforms of the duty solicitor scheme, in more detail. However, if the Government accept that criminal legal aid is in a perilous state, the same is surely true of civil legal aid, where decades of cuts and underfunding have crippled practitioners, and we are seeing the same recruitment and retention crisis. Urgent investment is necessary, and the Ministry of Justice has yet to publish any details on the civil sustainability review. We are suffering from serial underfunding of the entire legal aid sector, paired with a strict means test and a huge backlog in the criminal courts.

We know that justice delayed is justice denied, and victims are paying the price. Between 2012 and 2020, annual legal aid spending fell by 27% in real terms, largely as the result of changes under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. That is £4.2 billion over a seven-year period—an average of £600 million a year. Essentially, we have a position where it is simply not financially viable to be a legal aid provider in many areas of law. The Government have accepted that to be the case in criminal law, but the maths is no different in civil law. There is no doubt in my mind that the legal aid sector has survived purely on good will, and I know that at first hand as a former lawyer. Chronic underfunding has brought the criminal justice system to its knees and created advice deserts across the UK. The steps outlined today are too little, too late.

There can be no surprise then that the profession has voted with its feet. Just a few days ago, 94% of the membership of the Criminal Bar Association voted to take industrial action. That will have a disastrous impact on the backlog in the criminal courts that existed well before the beginning of the pandemic. The Government may find the profession does not accept their response, their appreciation of the urgency or the time it will take to implement. Can the Lord Chancellor set out when the recommendations will take effect? Victims have waited long enough.

While the means test review for both criminal and civil legal aid is welcome, it is of little use to the public if they are eligible for legal aid but cannot access the provider base. Advice deserts are a direct result of the negative impact caused by reductions in legal aid funding. There is no justice if there is no access to justice.

The Justice Secretary claims this is a major investment in the criminal justice system, but make no mistake: it is the absolute bare minimum, and it does not fix a decade of Tory austerity. It fails victims at every turn. The erosion of access to legal aid represents a threat to the rule of law. It does not matter what legal rights an individual has on paper if they do not have the means to uphold them. The Government pay lip service to levelling up the country. When will they level up access to justice?

[Dominic Raab]

I thank the hon. Gentleman for what he said about the criminal legal aid proposals and the means test review. The announcement today is principally about criminal legal aid, and if I have understood him correctly, he backs us on all the criminal legal aid proposals.

Can I be clear in relation to the CBA ballot? If the hon. Gentleman welcomes our proposals, presumably he would agree, as I hope would others across the House, that it is totally unwarranted for the CBA now to proceed with strike action.

The hon. Gentleman asked about timing. On criminal legal aid, we will consult for 12 weeks. I would expect him to agree that we should follow the normal public law principles to have that consultation, otherwise we are exposed to a greater risk of judicial review.

[Afzal Khan]

indicated assent.

[Dominic Raab]

The hon. Gentleman is nodding, and I am pleased that he does support that, even if some of his colleagues do not. We will then introduce a statutory instrument so that the proposals enter into force in October.

The hon. Gentleman talked about cuts to legal aid. I remind him that a previous Justice Secretary, Jack Straw, had plans to cut almost £200 million a year from the legal aid budget in 2009, as was made clear by the noble lord Lord Carter, who said,

“we had to break the hold of the criminal practitioners and force them to restructure so we could get more control over the costs of provision”.

In relation to our criminal legal aid proposals, we are ensuring that we have a sustainable system that supports practitioners but, above all, supports victims, witnesses and the society that we want to build after the pandemic.

I gently remind the hon. Gentleman that there will be 2 million more people with access to civil legal aid, which he mentioned, and 3.5 million more people with access to criminal legal aid in the magistrates courts. I thank him for his pretty fulsome support for the criminal legal aid proposals. I urge him to reflect on and recall the Labour party’s proposition before the 2010 election. I hope that he will be clear that it is totally unwarranted for the CBA to now proceed with strike action.

Afghanistan: FCDO Update

Debate between Afzal Khan and Dominic Raab

Monday 6th September 2021 Commons Chamber

[Dominic Raab]

I have spoken to my counterpart, Foreign Minister Wang Yi, and I will speak to him again in the near future. There is a lot of talk about how China wants to rush in and fill the vacuum in Afghanistan, but I have to say that I am not entirely convinced that it does want to bear the entirety of the burden, whether it is the security and the terrorist burden or the financial burden of a country in such a precarious, fragile position. While we have many areas that are challenging with China, actually this is something where there are some commonalities of views and interests. I think in a situation such as this, whether it is China or other countries in the region, we need to try to work together, because we are much more likely, if we do so, to exercise maximum moderating influence on the Taliban, and that is what will yield results.

[Afzal Khan (Manchester, Gorton) (Lab)]

With the Taliban takeover, many of my constituents who are Hazara Shi’a fear for their families’ safety. There is also a minority Uyghur community in Afghanistan who are in hiding, scared that they will be handed over to China. What steps is the Foreign Secretary taking to protect these minorities?

[Dominic Raab]

I thank the hon. Gentleman, who I think raises a very real issue. As I have already said to the House, we will make sure that vulnerability based on ethnicity will be considered in the resettlement scheme, and it is crucial—and I refer to the G7 paper the UK has put forward—that one of the things on which we will have to judge the Taliban and one of the early tests will be whether they are serious about being a more inclusive Government, and that will mean human rights obviously in relation to women but also their treatment of ethnic minorities.

Xinjiang: Forced Labour

Debate between Afzal Khan and Dominic Raab

Tuesday 12th January 2021 Commons Chamber

[Dominic Raab]

I thank my hon. Friend the Member for Bury South (Christian Wakeford). I think that we have shown precisely the international leadership that he has cited. The reality is that we gained, I think, 35-plus countries in support of our statement in the United Nations General Assembly Third Committee, but a lot of countries around the world either do not wish to take the measures that he described or are understandably nervous, given their proximity to China or their economic size, about the reprisals that China would take. We need to proceed carefully and sensitively with our international partners—on that point, he is absolutely right.

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

Although I welcome the Foreign Secretary’s announcement on forced Uyghur labour, like a number of hon. Members I feel that it failed to address suspected genocide against Uyghur Muslims. A recent tweet by the Chinese Communist party branded the forced sterilisation of Uyghur women as emancipation. The UN convention on genocide clearly forbids such measures, so what steps is the Foreign Secretary taking to support the appointment of a UN special rapporteur to investigate forced labour and ethnic persecution in Xinjiang?

[Dominic Raab]

The hon. Gentleman raises a really interesting matter, and I know that he has raised it before. The challenge is that we know that China would block efforts to appoint a special rapporteur or envoy. He would agree that we do not want to give that, if you like, PR coup or failed initiative to our detractors.

The one thing we can and should do, as I have said several times to the House, is focus on getting the UN High Commissioner for Human Rights some kind of access to Xinjiang. That will keep it on the agenda—I do not think that anyone can accuse the UN High Commissioner for Human Rights of being anything other than objective and impartial. That is something that other countries ought to be able to rally to, and that is where we have focused our efforts.

Oral Answers to Questions

Debate between Afzal Khan and Dominic Raab

Tuesday 8th September 2020 Commons Chamber

[Dominic Raab]

My right hon. Friend will know that the resolution that was tabled garnered only two votes in the UN Security Council. The UK’s position is clear: we want to see the continuation of the arms embargo. It has to get through the Security Council, as frustrating as that may be. We have offered our good offices; indeed, had time been allowed between the original tabling of the resolution and the vote, we had offered, with the E3, to work with all the permanent members of the Security Council to try to find a compromise. Ultimately, unless the resolution can pass, it has no impact in restraining Iran.

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

Nearly 80% of the Uyghur Muslim population has vanished since 2016, as a result of either detainment in concentration camps or forced disappearance. The Bar Human Rights Committee of England and Wales has detailed disturbing covert drone footage showing Uyghurs blindfolded and taken on to trains. In the light of that, will the Secretary of State outline what steps his Department is taking to hold the Chinese Government to account for these heinous crimes? Will he confirm today that the Government will call for an impartial international investigation into what is taking place in Xinjiang?

China

Debate between Afzal Khan and Dominic Raab

Monday 20th July 2020 Commons Chamber

[Dominic Raab]

Of course, freedom of religion and freedom of expression are not only under threat in Hong Kong and Xinjiang. There is a broader issue, which we continue to raise with China and international partners in the relevant multilateral forums.

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

I hope the Foreign Secretary has noted that almost every hon. Member has touched on the persecution of Uyghurs, which is pointing towards a demographic genocide. Well over 1 million Uyghurs are detained in camps and they have been subjected to some of the most atrocious forms of torture. The Chinese Government are now taking draconian measures with the aim of curbing this Muslim population. So will he agree to meet the civil society groups that have evidence of human rights abuses in China against the Uyghurs ahead of the next round of designations under the Magnitsky sanctions, and will he raise this issue with Secretary of State Pompeo tomorrow?

[Dominic Raab]

The hon. Gentleman is right to join others in expressing concerns. I made it clear that we regard what is happening in Xinjiang as a gross violation of human rights. I have already referred to the reports from Amnesty International, Human Rights Watch and the UN Committee on the Elimination of Racial Discrimination. A report by 11 UN special rapporteurs in November 2019 also raised the issues of not only arbitrary detention, but enforced disappearance and torture. We will look very carefully at all that evidence.

Global Human Rights Sanctions Regime

Debate between Afzal Khan and Dominic Raab

Monday 6th July 2020 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. We are sending a message that people cannot do things that in the past some have got away with. We hope that, particularly in concert with likeminded countries, we can start to have a deterrent effect and also embarrass those countries from whom these individuals come. It is through that co-ordinated action, backed by hard measures such as asset freezes and visa bans, that we can make a difference.

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

I too welcome today’s statement. Israeli annexations are a violation of international law and jeopardise any chance of a two-state solution. I would like to believe that a two-state solution is not a lost cause, but that is only possible if we speak up. I urge the Government to take action and condemn violations such as the recent bulldozing of a historic Muslim cemetery in Jaffa. Does the Foreign Secretary agree that such contempt for international law warrants sanctions? If not, could he please explain his reasoning?

[Dominic Raab]

We certainly oppose not just the settlement building but other violations of international humanitarian law. The hon. Gentleman may have seen the letter that the Prime Minister recently published in the Israeli press, which made it clear that we are not giving up on a two-state solution. We oppose annexation and we want both parties to come to the table and negotiate a lasting settlement.

Oral Answers to Questions

Debate between Afzal Khan and Dominic Raab

Tuesday 30th June 2020 Commons Chamber

[Dominic Raab]

Not only have we had advice from the JBC in relation to the review of quarantine and the potential exemptions, but it has also helped to inform the approach on travel advice. There are of course strict legal requirements that we must go through when we revise travel advice. We are considering exempting certain countries and certain territories, and we will update our travel advice shortly. Indeed, I believe my right hon. Friend will find that the Secretary of State for Transport will today publish a written ministerial statement that will give further updates.

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

While the Government set out plans for easing the UK’s lockdown, I remind the House that Kashmiris have been under lockdown for more than 330 days. Unlike ours, their lockdown is not being lifted at any time, with the humanitarian situation worsening each day. Will the UK Government condemn the human rights abuses in Kashmir and call on the Indian authorities to immediately lift the lockdown?

[Dominic Raab]

I know that the hon. Gentleman follows this issue assiduously. I have raised with the Indian Foreign Minister issues in relation to human rights in Kashmir. We continue to regard it as a bilateral dispute that needs to be resolved between Pakistan and India, but the issues the hon. Gentleman has raised are important, we are concerned about them and we do raise them with the Indian Government.

Oral Answers to Questions

Debate between Afzal Khan and Dominic Raab

Tuesday 4th February 2020 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right, and those are precisely the issues that I raised with the Chinese Foreign Minister. In fairness, we have seen 83 British nationals repatriated on Friday, and another seven British nationals and four dependants evacuated on a French flight that returned to the UK on Sunday. I can also tell him that we have been allocated 14 places on an Air New Zealand flight today for UK nationals and their dependants.

[Afzal Khan (Manchester, Gorton) (Lab)]

The evacuation of British nationals and their families from Wuhan has been nothing short of a shambles, given the delays, the lack of information and the terrible cases of family separation that have occurred. Why on earth does the Foreign Office not have protocols and plans in place to manage these crises when they occur?

[Dominic Raab]

The hon. Gentleman is quite wrong on everything that he has just said. I visited the crisis centre yesterday. We have an excellent cross-Whitehall team, including the Ministry of Defence and the Department of Health and Social Care working with our consular officers. There are challenges dealing with the Chinese authorities in relation to the permissions to get the charter flight in and to get people to the muster points. We hired four coaches for the first flight that arrived on Friday, and we delayed the flight for three hours on the tarmac to ensure that all the people who needed to get on could get on, and of course we will continue working with our international partners and the Chinese to get those who need to come home out of the country.