Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of abolishing legal aid for people who entered the UK illegally.

Determinations of eligibility for legal aid are made in accordance with the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012 and regulations made under that Act, passed under the previous government.

Under the current regime, the UK has specific obligations under the UN Refugee Convention to provide access to justice for those seeking asylum. In addition, provision of legal aid for those seeking protection is important to maintain an effective asylum system, helping the Government to deliver commitments on reducing the asylum backlog and ending hotel use. In light of that, there are no current plans to abolish legal aid for those who may have entered the country illegally. In all cases, the application for legal aid would be subject to a means and, crucially, a merits test.