Legal Aid: Post-Implementation Review

Tommy Sheppard Excerpts

Thursday 7th February 2019 Commons Chamber

[Mr Gauke]

My right hon. and learned Friend raises an important point. It is important that we have a strong and vibrant criminal Bar and I want to do everything I can to support that. I make it clear that it is important that we have a vibrant situation for solicitors as well. He will be aware that last year we announced changes to the advocates’ graduated fees scheme. I hope we have a constructive relationship with the criminal Bar, and we have been able to take steps and prioritise this area. We are also undertaking the review, which we anticipate will report in mid-2020.

[Tommy Sheppard (Edinburgh East) (SNP)]

I thank the Minister for advance sight of his statement. As others have remarked, at the core of this discussion is access to justice, a principle enshrined not only in the common law of England and Scotland, but in the Human Rights Act that applies throughout the UK. The House will be aware that these matters are dealt with differently in Scotland, as they always have been, with the Scottish Government responsible for the provision of legal aid in Scotland. Not for the first time, people in Scotland have reason to be grateful for this differentiation because in Scotland, despite cuts to the block grant available to the Scottish Government, they have maintained a system of legal aid that is more generous in its scope and application than any part of the UK. Some 75% of all civil cases in Scotland are eligible for some form of legal aid, whereas the corresponding figure in England and Wales is 25%. So although I am sure Members will welcome this as a step in the right direction to widening the scope of legal aid, I make the observation that there is still an awful long way to go. Will the Secretary of State consider emulating the targets that have been set in Scotland?

On the question of fees for those who provide legal aid, the Secretary of State will be aware that the Scottish Government have recently approved a 3% increase in fees across the board, whereas in England fees are to be increased by only 1%, and I believe that is just for barristers in the legal aid service. Will he consider bringing England and Wales into line with the more generous provision of fees in Scotland?

[Mr Gauke]

As I said a moment ago, we announced reforms to the AGFS last year, which see the biggest increase for some time in those fees. Let me make a point about the wider issue of access to justice. Access to justice is very important, but we should not consider that the test of that is purely about legal aid in the form that it has been. We need to be more innovative and to think ahead. I regret the dismissive tone taken by the shadow Justice Secretary about the potential for new technology in this area. To ensure that we can expand access to justice, we have to be prepared to innovate and make the best use of technology.