Legal Aid

Lord Harrison Excerpts

Thursday 7th July 2011 Lords Chamber

Asked by

[Lord Harrison]

To ask Her Majesty’s Government how their proposals to reform legal aid in England and Wales will impact on the welfare and rights of vulnerable children and young people.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, we published impact assessments and equality impact assessments alongside the response to consultation. These lay out our best estimates of the impact of the reforms.

[Lord Harrison]

Does the Minister acknowledge that the likely rise in legally unaided, go-it-alone litigants in family cases will introduce greater delays in getting justice, as well as uncertain outcomes? In respect of Section 37 family cases, does he recognise that there will be no legal aid for interim court orders when a child is removed from a family? Finally, will he look again at the proposal to deny legal aid in domestic abduction cases, which are often very complicated, whereas, rightly, we are retaining it for international abduction cases?

[Lord McNally]

My Lords, I will certainly take back the points raised by the noble Lord on child cases. As far as possible, our intention is that, where children are involved, legal aid will still be provided.

On the broader point of impact, it is partly our intention to divert family and welfare cases away from outright litigation towards mediation and less confrontational ways of settling disputes. That may—and, we hope, will—change the pattern of demand in this area. That is the basis on which the Government are bringing forward their proposals. However, on the issues raised by the noble Lord, I will come back to him.