Oral Answers to Questions

Debate between Neil Carmichael and Jonathan Djanogly

Tuesday 15th May 2012 Commons Chamber

[Mr Djanogly]

That is not part of the Bill as it stands. No doubt, from what the hon. Gentleman says, this is a matter that will be discussed.

[Neil Carmichael (Stroud) (Con)]

13. What measures are in place to encourage the teaching of literacy in prisons.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Neil Carmichael and Jonathan Djanogly

Monday 31st October 2011 Commons Chamber

[Mr Djanogly]

As I have said before, we estimate that the vast majority of the £6 million will be for complex and lengthy cases that concern cerebral palsy, brain-damaged children or adult paralysis. We believe that no-win conditional fee agreements will still be available to fund these claims in the new regime. In addition, our reforms provide for a power allowing recoverability of after-the-event premiums in clinical negligence claims to help cover the cost of expert reports in complex clinical negligence cases. We have also announced plans to implement qualified one-way cost shifting in clinical negligence cases, which would mean that claimants would not be at risk of paying their opponents’ costs, as is the case with legal aid. Where CFAs are not available, the exceptional funding scheme will allow funding to be granted in individual excluded cases where the failure to provide funding would be likely to result in a breach of the individual’s human rights.

[Neil Carmichael]

CFAs are awarded in circumstances where the parents will be in a state of considerable grief, or at least have a huge amount of concern, about the well-being of their child, so will there be a sensitive enough arrangement for making the awards and assessing the circumstances?

[Mr Djanogly]

Indeed. As is currently the case, the solicitors awarding the CFA would have to look at the merits and decide whether they wanted to proceed with it. Obviously, the person has to want to instruct the solicitor and the solicitor has to want to take the case; it would cut both ways.

There have been a lot of comments about what assessment has been made of the effects on the NHS of removing clinical negligence from the scope of legal aid. In response to a parliamentary question, the Department of Health indicated that

“the potential effect on the national health service of removing clinical negligence from the scope of Legal Aid will be cost neutral.”—[Official Report, 14 September 2011; Vol. 532, c. 1231W.]

In annexe B of the impact assessment on the reforms, we estimate savings of £50 million to the NHS Litigation Authority as a result of the abolition. My officials are in ongoing consultations and discussions with the NHSLA and stakeholders about how the commissioning of expert reports can be improved so that, for instance, joint reports can be commissioned wherever possible. This, in turn, would help to encourage early notification of claims.

One particular aspect of clinical negligence cases is the significant up-front costs involved in obtaining expert reports. Following consultation, the Government are seeking a tightly drawn power in the Bill to allow the recoverability of after-the-event insurance premiums in clinical negligence cases. The details will be set out in regulations. My hon. Friend the Member for Hexham (Guy Opperman), who lent us the benefit of his considerable experience in the clinical negligence field, made some important points in this regard.

We have to make some difficult choices about legal aid, and we need to focus our limited resources on those who need it most.

Courts Service Estate

Debate between Neil Carmichael and Jonathan Djanogly

Tuesday 14th December 2010 Commons Chamber

[Mr Djanogly]

We do not believe that the figures we consulted on were wrong.

[Neil Carmichael (Stroud) (Con)]

I am delighted that Stroud magistrates court will remain open. I regard it as an example of an efficient modern court, and I think it is consistent with the whole approach of the Ministry of Justice. Does the Minister agree?

[Mr Djanogly]

On review, yes.