Asked by: John Hayes (Conservative - South Holland and The Deepings)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment his Department has made of the potential merits of introducing a scheme similar to the ornamental horticulture grant aid scheme provided for growers in the Netherlands by the Dutch Government.
Answered by Victoria Prentis - Attorney General
Coronavirus represents a very significant challenge, affecting daily life and every part of the economy, including the ornamental horticulture sector. A vibrant and successful ornamental horticulture sector brings significant benefits. The Government continues to work closely with representatives from the horticulture supply chain including the Horticultural Trades Association to understand the short-term and long-term impacts on the UK sector.
Defra has already been in close discussion with banks to ensure the ornamental horticulture sector has access to financial support. This will ease cashflow problems during this period, including through the Government-backed Coronavirus Business Interruption Loan Scheme (CBILS) and the Bounce Back Loan scheme, which was announced on 27 April and is the latest step in a package of support measures announced by the Chancellor. The Government will provide lenders with a 100% guarantee on each loan, to give lenders the confidence they need to support small businesses. These loans will be from £2,000 up to £50,000, capped at 25% of firms' turnover, and the Government will cover the first 12 months of interest payments and fees charged to the business by the lender. Almost all UK businesses will be eligible to apply for a loan under the scheme.
On 13 May, the Government announced that all garden centres in England which are able to adhere to social distancing measures were legally able to reopen. This measure has been widely welcomed by growers, garden centre owners, and consumers.
While the Government has made a wide-ranging package of measures available to ornamental horticulture businesses to support them through this difficult period, we continue to keep the situation under review. Legal powers were included in the Coronavirus Act 2020 enabling us to offer further financial support if we believe it is necessary.
Asked by: Lord Boateng (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what representations they have received about the impact of COVID-19 on the (1) livelihoods, (2) retention, and (3) recruitment of lawyers who are dependent on the legal aid scheme; and what action they intend to take as a result of any such representations.
Answered by Lord Keen of Elie
The measures introduced by HM Treasury have provided some support to the profession. We are working closely with legal practitioners and other providers of legal support across the justice system at official and Ministerial level, to understand their concerns and the immediate and longer-term support needs to keep the justice system running during the crisis and beyond.
The Legal Aid Agency, which administers legal aid on behalf of the Lord Chancellor, has taken steps designed to help support legal aid provision during this period including making money available to draw down as interim payments and halting debt collection.
On 1 May, new hardship payment rules came into force for criminal practitioners allowing them to claim 1 month after they were first instructed instead of 6 months and to lower the threshold for work done on the case from £5,000 to £450. We estimate up to 20,000 cases under the LGFS (Crown Court litigators’ fee scheme) and 27,000 cases under the AGFS (Crown Court advocacy fee scheme) could be eligible under the new provisions, increasing the amount of funding brought forward (when combined with the interim payments already available) from £45m to £140m.
We also recognise the impact of covid-19 on third sector advice organisations. This is why the Government announced that it is allocating £5.4 million in funding to specialist legal advice not for profit organisations, including Law Centres, in addition to the funding that the National Lottery Communities Fund is administering.
We will continue to work with practitioners to support a strong legal services sector, which includes consideration of recruitment and retention within the professions with the ultimate aim of ensuring that the most vulnerable in society are provided with the representation and support they need.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what steps they have taken, if any, to support (1) female, (2) BAME, and (3) new practising, lawyers who have been affected by a loss of earnings as a result of COVID-19 prior to the furlough payments being released.
Answered by Lord Agnew of Oulton
HM Treasury pays careful regard to the equality impacts of policy decisions relating to the Covid-19 outbreak, in line with legal requirements and the Government’s commitment to promoting equality. There are internal procedural requirements and support in place for ensuring that such considerations inform decisions taken by ministers.
HMRC developed and delivered the Coronavirus Job Retention Scheme at record speed to ensure employers received payments by the end of April. Affected employers may also be able to benefit from other schemes and measures such as the VAT deferral, Local Authority grants, and the Coronavirus Business Interruption Loan Scheme (CBILS) which provides Government guarantees for bank loans to firms with turnover up to £45m.
Measures to assist easing the financial burden on legal aid providers have already been implemented to alleviate short term cashflow issues, including by ensuring prompt payment by the Legal Aid Agency. Where appropriate, the Government has ensured that fee schemes are suitable for the change to virtual hearings, and the Government has agreed to relax the rules on the payment of Hardship claims in the Crown Court. In addition, the Government has issued guidance to providers to ensure they are able to claim for their existing work in progress.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the (1) financial impact of COVID-19 on legal aid lawyers, and (2) the long-term impact of court trials that need to be restarted as a result of the COVID-19 pandemic.
Answered by Lord Keen of Elie
We recognise the vital public service provided by legal aid practitioners. We know that the Covid-19 outbreak has created a range of challenges for the legal profession. We are doing all we can to overcome these and ensure that the justice system continues to operate effectively, maintaining access to justice for those who need it.
In doing this, we are working closely with legal practitioners and other providers of legal support across the justice system, to understand their concerns and the immediate and longer-term support needs to keep the justice system running during the crisis and recovery beyond. Key representative bodies have continued to engage with Ministers and senior officials throughout this challenging period, and officials have sought out the views of the legal services sector on the impact of the crisis on their businesses.
The measures introduced by HMT have provided some support to the profession. We are working with practitioner representative bodies to understand any gaps in the provision for particular parts of the profession.
The Legal Aid Agency has taken steps designed to help support legal aid provision during this period including making money available in interim payments and halting debt collection.
For criminal practitioners we have provided greater access to hardship payments to allow practitioners to claim 1 month after they were first instructed instead of 6 months and to lower the threshold for work done on the case from £5,000 to £450. We estimate up to 20,000 cases under the LGFS (Crown Court litigators’ fee scheme) and 27,000 cases under the AGFS (Crown Court advocacy fee scheme) could be eligible under the new provisions, increasing the amount of funding brought forward (when combined with the interim payments already available) from £45m to £140m.
HM Courts & Tribunals Service (HMCTS) is working hard in partnership with the judiciary to keep our justice system functioning during this unprecedented public health emergency. Our priorities are to maintain access to justice and to protect the safety of all who work in the courts and tribunals.
The courts are now in a position, with approval from Public Health England and Public Health Wales, to take some first steps towards the resumption of jury trials. A limited number of trials will take place, conducted safely and observing social distancing rules, at courts including the Old Bailey in London and at Cardiff Crown Court. These will also help us to understand how it might be possible to conduct trials more widely as the situation with coronavirus develops.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the risk posed to legal aid lawyers who have to attend police stations and psychiatric hospitals during the COVID-19 pandemic.
Answered by Lord Keen of Elie
The safety of legal aid practitioners is of critical importance and the Government has taken steps to ensure their safety, while also ensuring that individuals can still receive crucial legal advice.
Guidance has been issued that all Mental Health Tribunals should be conducted remotely. Where this is not possible, secure mental health inpatient settings tend to be configured in such a way that isolation of patients is straightforward. NHS England and Improvement have taken steps to ensure rigorous infection control procedures and have restricted all non-essential visits, while still permitting essential legal visits. These measures minimise the risk of infection spreading within inpatient settings and so protects attending legal aid practitioners.
Criminal legal advice can continue to be delivered over the telephone via the Defence Solicitors Call Centre. A joint criminal justice interview protocol has been issued stating that legal advice should take place whenever possible over the telephone or by video link. Where this is not possible, interviews must be carried out in accordance with Government advice and the NPCC has issued guidance on the safe operation of custody suites to support this.
To further support this, HMCTS have launched a new cloud video platform to expand remote hearing capacity and enable all parties in a criminal hearing to take part remotely.
We have ensured that mental health and crime providers will be remunerated for remote advice in the same manner as for in-person hearings.