Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 21st February 2023

(1 year, 2 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my hon. Friend and pay tribute to him for the work he did as Prisons Minister—I remember it, because I was a junior Minister in the Department at the same time. He is absolutely right about the value of prison officers, and how they are out of sight and out of mind; people do not bang pots and pans for them in the same way they do for other public servants, but we should take every opportunity to sing their praises.

To answer my hon. Friend’s specific question, between the end of 2016 and 2022, the number of full-time prison officers increased by 3,677 to 21,632. That shows that the recruitment programme is bearing fruit.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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T3.   Ealing Law Centre, a fantastic practice in my constituency, is forced to turn away people eligible for legal aid because it is at capacity. Legal aid pays an average of just £74 per case, and civil legal aid fees have not increased since 2010. As people struggle during the ongoing housing crisis, my constituents risk losing their homes. Does the Minister think that that sum is enough, and that his Department is doing enough to prevent unnecessary home loss in court?

Dominic Raab Portrait Dominic Raab
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I thank the hon. Gentleman, who I know has a very considered and long-standing interest in this issue. Legal aid needs more money, which is why we are increasing spend by up to £138 million a year, taking the expected criminal legal aid spend next year to £1.2 billion, but it also needs reform. We cannot have the situation that we always have with the Labour party, where it just asks for more and more money but does not face the challenge of reforming systems so that they work in the best interests of the people of this country.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 14th September 2021

(2 years, 7 months ago)

Commons Chamber
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Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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9. What steps he is taking with Cabinet colleagues to support judges who remain in Afghanistan following the recent military operation to evacuate British nationals and eligible Afghans from that country.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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18. What recent discussions he has had with the Foreign Secretary on ensuring the safety of judges and legal professionals in Afghanistan.

Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
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I acknowledge the grave concerns of judges, legal professionals and beyond, both here and in Afghanistan, which are real and present. My Department continues to work urgently to support cross-Government efforts to provide safe passage for judges in Afghanistan, including by ensuring that individual cases that are brought to my attention are immediately lodged with relevant parts of the system.

Robert Buckland Portrait Robert Buckland
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I can reassure my hon. Friend that I am in daily communication with the judiciary and the wider legal profession—in fact, I am in daily communication with judiciary in Afghanistan—and I commend everyone for their efforts to support those judges and those who have dedicated themselves to building the rule of law and human rights in Afghanistan. As an example, the noble Lord Wolfson and I have been in regular contact with Mrs Justice McGowan, and we have discussed ways in which the legal community might provide support to help resettle Afghan legal professionals here in the UK.

Virendra Sharma Portrait Mr Virendra Sharma
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After raising directly with the Government hundreds of separate cases covering thousands of people, I know of only two cases that have been resolved. What are the Government doing to help refugees from Afghanistan who are facing massive delays in the tribunal backlog?

Robert Buckland Portrait Robert Buckland
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Let me deal with the specific issue of judges and other lawyers in Afghanistan, because that is what I am directly involved with. Yesterday, the Afghan citizens resettlement scheme was announced. That provides a clear route to safety for judges, who are one of the groups to be prioritised under the scheme. Some judges have already been resettled here in the UK, and I will not rest until everyone who fits those important criteria and needs the support and safety of the rule of law is accommodated.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 2nd February 2021

(3 years, 2 months ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I have already pointed out that our justice system prior to coronavirus was in good shape, with magistrates court waiting times, as I said in response to the last question, at about eight weeks and a Crown court outstanding case load that was low by historical standards, but we do recognise the distress that witnesses and victims in particular suffer. That is why, only yesterday, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), and the Lord Chancellor announced an additional £40 million to support victims—that is extra money on top of additional money already—because we recognise the importance of victims in this system. A rape review is under way to make sure that these cases are brought to court as quickly as they can be, because we do recognise that they are taking too long. However, that is not just a courts issue; it is to do with disclosure rules, putting a case together and properly investigating these cases. Of course, the extra 20,000 police officers will help. Victims are at the forefront of our mind, and we will do everything we can to look after and protect them.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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What assessment he has made of the implications for his Department’s policies of (a) evictions and (b) other enforcement activity conducted by bailiff organisations during the covid-19 outbreak.

Alex Chalk Portrait The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
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I am grateful to the hon. Gentleman for raising this issue. Effective enforcement is essential to the administration of justice, but it must be done safely during the pandemic. This Government have banned bailiffs from enforcing evictions in England, except in the most serious circumstances, until at least 21 February, to help control the spread of infection. We have published covid-safe guidance for bailiffs who are enforcing debts and fines, and have requested that they do not enter homes at present to take control of goods.

Virendra Sharma Portrait Mr Sharma [V]
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I am glad that the Minister has touched on this, but I am sure he will agree that, in the middle of a deadly pandemic, there could be no worse time for hard-up families to receive a knock at the door, yet the Government are still permitting bailiffs to undertake unsafe and unfair doorstep enforcement action. The shadow Minister for legal aid, my hon. Friend the Member for Kingston upon Hull East (Karl Turner), has written to the Lord Chancellor twice in the last six months, urging him to pause home visits, as have 11 debt advice charities, which have also outlined widespread abuse of bailiff action during covid-19. Can we have a very clear answer from the Minister: will he reimpose the ban on home visits from the first national lockdown, and will he deliver on the Government’s 18-month-old promise of better industry regulations?

Alex Chalk Portrait Alex Chalk
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I thank the hon. Gentleman for his question. It is very important to distinguish between evictions and enforcement. In respect of evictions, the Government have been very clear: people cannot be evicted before 21 February unless arrears are of over six months. In normal circumstances, if someone simply had two months of arrears, they could then be subject to enforcement action. Now there needs to be six months’ notice before possession proceedings even start. This Government are clear that we want to ensure that enforcement agents do not contribute to the spread of this virus, and that is why we have strict regulations in place.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 23rd April 2019

(5 years ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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Obviously I want to reduce the numbers, and one of the reasons that we have provided additional support to the Parole Board is to enable it to do so. In the end, it comes down to individual decisions in respect of particular individuals, and some cases present a number of challenging factors. Decisions have to strike the right balance between progressing people as we should and ensuring that we protect the public.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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3. What steps he is taking to increase access to the criminal justice system.

Teresa Pearce Portrait Teresa Pearce (Erith and Thamesmead) (Lab)
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7. What steps he is taking to increase access to the criminal justice system.

Lucy Frazer Portrait The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
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It is vital that our criminal justice system remains fair and accessible, and we are taking a number of steps to ensure justice within it. Legal aid is a very important part of that process, and last year we spent almost £900 million on criminal legal aid alone. However, our court system also needs to be modern and up to date, so we are spending £1 billion on technology to bring our court system up to date for the 21st century.

Virendra Sharma Portrait Mr Virendra Sharma
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I thank the Minister for her response. The Law Society has highlighted the fact that low criminal legal aid fees are having an adverse impact on the number of new, younger lawyers. Criminal legal aid fees for solicitors have not been increased since the 1990s. Will the Government commit to raising fees for solicitors, at least in line with inflation?

Lucy Frazer Portrait Lucy Frazer
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The hon. Gentleman makes a very important point, because those who work within the criminal justice system play a vital part in upholding justice. That is why, over the course of last year, we have consulted the professions and put a further £23 million into the advocates’ graduated fee scheme. It is also why we have recently announced that we will be doing a holistic review of criminal legal aid with regard to the professions, looking overall at a whole range of issues across the Bar and across the duty solicitor schemes. That review has already started.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 13th November 2018

(5 years, 5 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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My hon. Friend, as a former Justice Minister, will know that charging fees is an essential part of funding an effective and modern Courts and Tribunals Service and of ensuring justice. We listened carefully to the concerns that were raised in relation to our previous proposal, and we have significantly reduced the levels. This system will lift 25,000 estates out of paying probate fees at all.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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T8. Within the last week, two separate Hindu temples, the Shree Swaminarayan temple in Willesden and the Shree Kutch Satsang Swaminarayan temple in Kenton, have been broken into and religious icons have been stolen. Can the Minister confirm that these will be treated as hate crimes and not just ignored by the police, given that they targeted people of one faith?

David Gauke Portrait Mr Gauke
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Those specific cases will be a matter for the police and for the Crown Prosecution Service, but if activity of this sort is targeted on the basis of religious belief, that is completely unacceptable and I am sure that the whole House is united in condemning it.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 9th October 2018

(5 years, 6 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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With regard to litigants in person—I am conscious that you might wish me to keep this answer short, Mr Speaker—we already spend well over £6 million supporting them, and we continue to look carefully at how they can continue to be supported.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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12. What his Department’s policy is on law centres.

Lucy Frazer Portrait The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
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My Department greatly appreciates the great work that law centres are doing across the country. We support law centres with grant funding and through legal aid contracts. In April, I met Julie Bishop, the director of the Law Centres Network, and I was pleased to share a panel with LawWorks at our party conference last week. My officials are engaging actively with law centres as part of the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Virendra Sharma Portrait Mr Sharma
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I declare an interest, having been an employee of the Hillingdon legal resource centre and the Ealing law centre before entering Parliament. Since the Government’s disastrous cuts to legal aid, many law centres have been forced to close, leaving advice deserts in parts of the country. Will the Government commit to new funding for solicitors and paralegals to work in law centres in those parts of the country that have the greatest unmet legal needs?

Lucy Frazer Portrait Lucy Frazer
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I pay tribute to the hon. Gentleman for the work he did in his community before becoming a Member of Parliament. I should also declare that I did voluntary work in a law centre for a very brief period as part of my work as a barrister. We must encourage people to volunteer to do that work, because it is greatly appreciated. As part of the LASPO review, we are looking at how we provide advice to those who need it most, and the work that law centres do is a key part of that advice. We will be reporting on that by the end of the year.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 10th July 2018

(5 years, 9 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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I come back to my previous points. The CRCs have been receiving less income than it costs them to deliver the services. Because of the reforms undertaken a few years ago, 40,000 offenders get support who would have got nothing previously. The contracts can be challenging; it is right that we look at that and deliver good value for money for the taxpayer and good-quality services. That is what we are determined to deliver.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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T1. If he will make a statement on his departmental responsibilities.

David Gauke Portrait The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
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Today, I have announced an additional £30 million investment in our prison estate, including £16 million to improve facilities at 11 of our most pressed prisons. Some £6 million will enhance security and tackle those co-ordinating drug dealing from inside through scanners, better searching and phone-blocking technology. Since February, 12 such serious criminals have been targeted for disruption, with nine already having been transferred to other parts of the estate, including more secure prisons.

Virendra Sharma Portrait Mr Sharma
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The Government are conducting a review of the impact of the swingeing cuts to legal aid since 2012, but they have so far refused to say whether more funding will be made available for legal aid. Will the Secretary of State confirm that additional funding will be made available if it is found to be required, or is the review simply an exercise in moving legal aid funding from one cause to another?

David Gauke Portrait Mr Gauke
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The purpose of the review is to assess what we need to do. That is the correct way to go about it. Obviously, we will need to engage with the Treasury in terms of future spending reviews, but we have a serious piece of work, with very substantial engagement with stakeholders, on which to make an assessment of how the legal aid system is working.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 8th September 2015

(8 years, 7 months ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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My hon. Friend was an excellent prisons Minister, and he is absolutely right that we need to give the governors greater control. The response that I have received both from the Secretary of State at the Department for Business, Innovation and Skills and the Minister for Skills, the hon. Member for Grantham and Stamford (Nick Boles), has been hugely encouraging. Obviously, we have Offenders’ Learning and Skills Service contracts—the contracts that govern spending in prisons at the moment—which need to be honoured, but I hope that we might be able to move at pace to devolving responsibility to individual governors.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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2. When he plans to open a consultation on proposals for a British Bill of Rights.

Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
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9. When he plans to open a consultation on proposals for a British Bill of Rights.

Dominic Raab Portrait The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)
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We will bring forward proposals on a Bill of Rights this autumn. They will be subject to full consultation. The preparation is going well. Given the hon. Gentleman’s excellent work on the Joint Committee on Human Rights, I look forward to engaging seriously with him on the substance.

Virendra Sharma Portrait Mr Sharma
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When the Minister’s predecessor published his plans for reform of the Human Rights Act last October, the right hon. and learned Members for Beaconsfield (Mr Grieve) and for Rushcliffe (Mr Clarke) complained that they contained “a number of howlers” and that they were “unworkable” and “bewildering”. Is it not time for the Secretary of State to listen to his esteemed colleagues and to admit that those plans were written on the back of a cigarette packet from the very start?

Dominic Raab Portrait Mr Raab
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I thank the hon. Gentleman for his question, but I have to say that the Human Rights Act was also rushed. There was no period of consultation and it was introduced into Parliament in just six months, which is why it has proved flawed in practice. We will take our time to get the plans right, and we will take on board all the views that have been expressed. We want to restore some balance to our human rights regime, and that is what a Bill of Rights will achieve.

Oral Answers to Questions

Virendra Sharma Excerpts
Tuesday 18th September 2012

(11 years, 7 months ago)

Commons Chamber
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Damian Green Portrait Damian Green
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Absolutely, and I think that the hon. Gentleman’s concerns will be shared across the House and, indeed, across the judiciary and the courts system more widely. I am very clear that although this reform is in the interests of transparency, which we hold to be very important, it must not give offenders opportunities for theatrical public displays. Victims, witnesses, offenders and jurors will not be filmed, so I hope that we will be able to avoid the problems that we all want to avoid.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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Let me first congratulate the justice—

John Bercow Portrait Mr Speaker
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Order. I shall let you first say “Number 11.”

Virendra Sharma Portrait Mr Sharma
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11. What recent assessment he has made of the work of the commission on a Bill of Rights; and if he will make a statement.

Damian Green Portrait The Minister for Policing and Criminal Justice (Damian Green)
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The commission published its second consultation in July 2012; this is due to close on 30 September. In accordance with its terms of reference, the commission should aim to report no later than the end of 2012, taking into consideration responses from both consultations.

Virendra Sharma Portrait Mr Sharma
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I apologise, Mr Speaker, for that rush; I was so excited to be asking the question.

Let me first congratulate the whole Justice team and thank the Minister for his response. Will he inform the House where he stands on the future of the Human Rights Act 1998? Is he with his predecessor in wanting it to be retained or would he prefer it to be abolished and replaced by a Bill of Rights? If the latter, which of the rights currently protected by the Act does he believe are no longer worthy of protection?

Legal Aid (Women and Families)

Virendra Sharma Excerpts
Tuesday 24th January 2012

(12 years, 3 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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It is a great honour and a privilege to present this debate under your chairmanship, Mr Streeter. Legal aid was first established by the post-war Labour Government under the Legal Aid and Advice Act 1949. It was established to ensure that ordinary members of the public who cannot afford legal fees can obtain legal services when they need them in areas such as family law, mental health, education, immigration and asylum, consumer issues, welfare benefits, employment and criminal defence.

The aim of legal aid is to ensure that individuals are able to defend or to enforce their rights, or to obtain advice on how to tackle the problems they face. As a result, it plays a key role in tackling social exclusion, and in helping individuals to protect their rights against richer and more powerful opponents. Since its creation, it has formed a central plank of the post-war welfare state. It is the arm of the welfare state that keeps the other arms honest and ensures that they are all directed towards the public good.

Legal aid funds private practitioners to provide that service, rather than setting up a legal equivalent of the NHS. As a result, many legal aid practitioners provide support through a comprehensive network of outlets, often run by self-employed individuals in small partnerships, as opposed to the state directly contracting lawyers. But that makes them uniquely vulnerable to major systemic shocks, such as current plans brutally to cut social welfare legal aid.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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I am grateful to the hon. Gentleman for giving way and congratulate him on securing this important debate, which I know he cares passionately about. On funding and sustainability, does he accept that our legal system costs more than £2 billion a year and is one of the most expensive in the world and that that is, in current economic and financial circumstances, unsustainable?

Virendra Sharma Portrait Mr Virendra Sharma
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The hon. Gentleman is a lawyer who has practised in the past. I will respond to his point later.

The Government know that many legal aid practitioners provide support in the way that I have described. That is why the Cabinet Office has taken over this Minister’s mess and is trying to ensure the long-term viability of the advice sector. Legal aid support, particularly early intervention, demonstrates effective value for money for the taxpayer. According to cost-benefit analysis by Citizens Advice, for every £1 of legal expenditure on housing, debt, benefit and employment advice savings are made, although I will not give all the figures, which I am sure are available to hon. Members. As a result, it is clear that the savings made by cutting the legal aid budget will be dwarfed by increased costs elsewhere to the public purse. That is why cuts to advisory services, particularly to welfare advice, are both short-sighted and short-termist.

There is also a human cost. In any given year, legal problems such as divorce, eviction or debt will be experienced by one in every four people, but by one in three people with long-term sickness or disabled people, half of unemployed people and half of lone parents. People with one unresolved problem often accumulate other problems rapidly. If you cannot resolve early-stage problems, more problems will often accumulate and end up in a vicious circle. These cycles can result in people losing their jobs and income, suffering stress-related illnesses and experiencing relationship and/or family breakdown.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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I, too, congratulate my hon. Friend on securing this important debate. Does he agree that if we do not deal with the whole cluster of problems, we might allow problems to get worse? If people’s employment and debt problems are related, and we resolve the debt problem but not the employment one, we are merely postponing the problem and it will come back again.

Virendra Sharma Portrait Mr Sharma
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I thank my hon. Friend for her important intervention. I agree with every word that she said. I will come back to this matter and develop it later in my speech.

Such problems are closely related to social exclusion, poor outcomes for children and levels of crime and antisocial behaviour, all of which represent significant costs to public services. Children whose families are experiencing civil and social problems are more likely to become involved in truancy, exclusion, and offending.

For the past 40 years, local law centres have been providing legal advice and support to the most vulnerable and needy in their communities. In the late 1970s and early ’80s I worked as an advice worker in a law centre and have experience in that field. I dealt with communities that suffered due to unemployment and other reasons. Law centres are an essential part of community life and are the first port of call for many people experiencing social and civil legal problems.

Law centres must be protected because of their experience. They have been working for 40 years with local communities, building a relationship with the public, landlords, organisations, local authorities and projects. They have local access; they are well established in communities; they are easily accessible; and they are trusted by communities. The brand power of law centres, like citizens advice bureaux, lies in their having gained public trust and confidence. They provide face-to-face advisory services and build trust and stronger relationships with clients. Services provided by the 52 law centres in England and Wales can be divided into three strands, namely individual casework, education and prevention, and developing policy. All three strands of services provided by law centres and CABs demonstrate the important strategic role played by these organisations in their local communities.

Rehman Chishti Portrait Rehman Chishti
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On advice centres, does the hon. Gentleman welcome the fact that this Government will spend £4.7 million to fund 44 court-based independent domestic violence advice positions across the country, which clearly shows that they are committed to supporting the most vulnerable in our society?

Virendra Sharma Portrait Mr Sharma
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I will answer that question later in my speech.

Issues raised in individual casework are often the root causes of problems faced by communities, which places law centres in the unique position of being able to disseminate information to other support bodies and to propose remedies. Research by the New Economics Foundation calculated the contribution of law centres by quantifying the social value such institutions provide and found that for every £1 invested in a law centre, a further £15 of social value is generated.

Family legal work remains the most costly area for the civil legal aid budget. It covers issues of child welfare and protection, as well as divorce, property and relationship breakdown issues. The proposals have retained legal aid for cases where domestic violence or forced marriage is involved and for cases where children’s safety is in danger.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I, too, congratulate the hon. Gentleman on securing this debate. A lady in my area who reared her children and left her job, and depended on her husband for income, finds herself needing legal aid after a messy divorce, but cannot receive it. Does the hon. Gentleman share my concern that families—ladies in particular—will find themselves vulnerable at this time?

Virendra Sharma Portrait Mr Sharma
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I agree. As I stated earlier, the impact will be on families in society.

Abundant research has been carried out into the adverse consequences of family breakdown. There is also ample evidence suggesting that job loss, financial difficulties and loss of income can bring about family break-up. Therefore, the provision of advice for other civil law problems, such as employment, housing and debt are important in preventing problems from escalating.

The Government’s proposals would seriously damage access to justice, especially for the most vulnerable in society. The Ministry of Justice impact assessment shows that there will be a disproportionate effect on women. Similarly, the cuts disproportionately impact on black and minority ethnic clients and those with disabilities. As legal aid is targeted to those with low incomes, it will have a disproportionate effect on this section of the community. However, it is likely that those on very low incomes will be particularly negatively affected.

And then there is domestic violence. I direct the Minister to a speech of great power delivered by the noble Baroness Scotland in another place to the Minister, Lord McNally:

“look at the average case, such as when a woman has run from her home. She manages to go to her GP, who sees the injuries and notes them and then sends her to hospital because there are fears that she may have cracked a rib or another bone. She is seen by the medical staff and they verify that the injuries that she complains of are genuine. Her neighbours may have come in to rescue her from an assault. They may not have seen the assault taking place but have noted what was happening and taken her away. Social services may have come along and examined the children, spoken to them and heard what they had to say. All of that might have been used by the police who then came along and arrested the man. He may then acknowledge that he has indeed committed the offences that are alleged against him. Even if all those things had happened, under”

the Government’s current

“provisions the woman would not be entitled to legal aid. That cannot be right.”—[Official Report, House of Lords, 18 January 2012; Vol. 734, c. 595.]

Rehman Chishti Portrait Rehman Chishti
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Does the hon. Gentleman accept, in relation to the interdepartmental working between the Ministry of Justice and the Home Office, that the Home Office is providing more than £28 million of stable funding until 2015 for specialist local domestic and sexual violence support services and £900,000 to support national domestic violence helplines and the stalking helpline, and that that shows its commitment on this issue?

Virendra Sharma Portrait Mr Sharma
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Again, the hon. Gentleman makes a very good intervention, but at the same time we need to consider the impact of the reductions and where the resources are going. That is what the debate is about.

Alex Cunningham Portrait Alex Cunningham (Stockton North) (Lab)
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Does my hon. Friend agree with the noble Baroness Scotland that the definition that the Government plan to adopt on domestic violence could result in some 46% of the cases that currently attract legal aid no longer doing so?

Virendra Sharma Portrait Mr Sharma
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I thank my hon. Friend. Every hon. Member who has spoken has made a very good intervention. I agree with what he has said and am sure that everyone will have recognised and noted it.

I was referring to the speech delivered by Baroness Scotland. She is a practitioner of great experience and ability and is, of course, right.

I am fortunate enough to have the brilliant Southall Black Sisters in my constituency of Ealing, Southall. It is one of the UK’s leading organisations for black and minority ethnic women, and it told me that those women will be particularly hard hit by the Government’s plans. It said that

“the Legal Aid Bill will make it difficult for all vulnerable sections of society, especially BME women, to access justice and in doing so, remove meaningful legal protection from them and instead push them into community forums such as religious arbitration tribunals where not only will they be denied justice and protection but they will be encouraged to reconcile with abusive partners in order to uphold so called religious and family values. Women who have experienced and are at risk of violence and abuse will be at further risk of domestic and sexual violence, sexual exploitation and forced labour.”

It has been widely reported as fact that women who have experienced domestic violence will still be eligible for legal aid in private family law proceedings, such as disputes concerning the care and upbringing of children, but that is simply not the case. Experts in the field have unanimously raised the concern that too many women who have experienced domestic violence and need help will fall through the gaps in the proposals.

Helen Grant Portrait Mrs Helen Grant (Maidstone and The Weald) (Con)
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Does the hon. Gentleman agree that men are likely to be financially better off than women and therefore better able to pay for legal work privately and that women are more likely to be in non-unionised jobs?

Virendra Sharma Portrait Mr Sharma
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I agree with every word that the hon. Lady has said. I am sure that the Minister will also take note of those points in his response.

Experts in the field cite two particular concerns. First, the definition of domestic violence currently used in the Legal Aid, Sentencing and Punishment of Offenders Bill is inconsistent with the cross-Government definition of domestic violence, which guides statutory agency practice and governs access to Government services. Importantly, the definition used in the Bill fails explicitly to refer to financial abuse and sexual violence, which are particularly insidious forms of domestic violence. It is not clear why the Bill uses a different definition of domestic violence, unless the purpose is to restrict the number of cases that will be deemed eligible for legal aid. Under the current proposals, many who are already known to be victims of domestic violence by other departments will not obtain the legal support that they need.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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I am obliged to my hon. Friend for giving way; he has been very generous. I wonder whether he would like briefly to address the fact that 23 special domestic violence courts are closing on the current Government’s watch. How will that affect women?

Virendra Sharma Portrait Mr Sharma
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I think that I will come back to that. I thank my hon. Friend for the intervention. When I reach the last lines of my speech, he will hear about the impact of the various proposals on women.

Under the proposals, victims of domestic violence will be expected to provide “objective evidence” of that violence to qualify for legal aid. Experts unanimously agree that too many victims will remain ineligible for legal aid because the evidence that they will be required to present is dangerously restrictive. The evidence of domestic violence that the Government propose to accept relies on victims taking civil and criminal proceedings against perpetrators, yet we know that a large proportion of victims do not take those routes. To ensure that all women affected by domestic violence are protected, it is essential that the evidential criteria used reflect the experiences of women and the reality of domestic violence. That must include evidence from specialist domestic violence organisations, health services and social services. The Government have failed to think through their proposals adequately.

The notion that “We are all in it together” is not alien to the Labour party. Indeed, this may be the first time that a Conservative Prime Minister has adopted a socialist slogan as his mantra. However, these cuts are deliberately, unashamedly and, I argue, viciously targeted at those who most need help. I am looking at the time; I am sorry, but I have indicated that I need to rush. As I have said, the cuts are targeted at those who most need help and, in the case of domestic violence sufferers, there can be no defence.

I ask the Minister to think again, particularly on domestic violence. In its current form, the Bill will leave thousands of women who have experienced the trauma of domestic violence, trafficking for the purposes of sexual and other forms of exploitation and exploitation as a migrant domestic worker in a private household with a stark choice between representing themselves in legal proceedings or taking no legal action at all to protect themselves. It will also have a life-threatening impact on black and minority ethnic women, who, as a result of cultural, religious and other social pressures and racism, already struggle to access the legal system. The Bill will violate the rights and fundamental freedoms of all vulnerable women, but it will have an immensely disproportionate impact on black and minority ethnic women.

It is not too late to think again, but if the Minister does not make up his mind to do what I have asked, I pray that my colleagues in the other place will make his mind up for him.