Part of 2. Questions to the Counsel General – in the Senedd at 2:29 pm on 28 November 2018.
Well, can I associate myself with the comments the Member makes in her question? We have been making representations to the Ministry of Justice in relation to this point in particular. She will want to know that the data that the Ministry of Justice has made available indicates a dramatic fall in legal aid provision in Wales, with 2,440 fewer civil representations in the last year than in 2011-12—2,440. The fall is particularly pronounced in private family proceedings, which she touches on in her question.
I'm aware of the article that she refers to, and it's part of a pattern of failure in relation to the legal aid online system, which we have identified and communicated to the Ministry of Justice. This includes the system sometimes failing to recognise answers, providing error messages routinely, not providing a full Welsh language service, and perhaps most worryingly of all, it's possible, when looking through a computer history, to spot on the user's page when they have been on the legal aid website, seeking services there, which, for victims of domestic abuse using a shared computer, as she will recognise, could have profound consequences, and let the perpetrator of abuse have advanced warning of the potential for intended legal action.
So, these are significant failings. No-one is suggesting that the online system has no role to play here—she will have heard from my answer to Lee Waters earlier that I think there is significant potential, generally—but it cannot be the case where the UK Government's making deep cuts to legal aid, but it cannot provide a system that is reliable, dependable and secures the privacy and safety of those who are using it.