Legal Aid and the Means Test

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 22 September 2021.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

(Translated)

7. What representations has the Counsel General made to the UK Government regarding restoring legal aid for early advice and reassessing the means test? OQ56853

Photo of Mick Antoniw Mick Antoniw Labour 3:04, 22 September 2021

Thank you, again, on a very important area. We are continuing to make strong representations to the UK Government about a range of issues relating to the adverse impacts of legal aid reforms by engaging with the means testing and criminal legal aid reviews.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 3:05, 22 September 2021

I welcome that response. The Counsel General will know that, since legal aid was cut and the means testing made more stringent as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the LASPO Act, that has meant that many of these cases now are coming into our surgeries—all of us. We're seeing it in increasing debt, we're seeing it in mental health problems, we are seeing it even going as far as homelessness as a result of the inability to access early legal aid. It's also an increasing burden on the taxpayer and an increasing burden on the courts system as well. So, I wonder whether the Counsel General would agree to meet with not only the Law Society, not only with Citizens Advice, but also other advice organisations in Wales to discuss the rise in clamour for reform and for change in this sphere, and to reinstate early access to legal aid advice and to reform as well the stringent—too stringent—tests that there are in means tests for legal aid. It's not only causing stresses on the legal system, it's causing distress for our constituents.

Photo of Mick Antoniw Mick Antoniw Labour 3:06, 22 September 2021

Thank you. The points are very well made, ones that we have rehearsed on many occasions. The cuts to legal aid have been shameful. They have disempowered many citizens of Wales in what is, I believe, a fundamental right, and that is to access the law. I commented on this yesterday, and you'll know that my view is that, in the longer term, I would like to see a Welsh legal aid system. At the moment, the reforms that are being considered solely relate to the issue of the means testing of legal aid. I am due to meet with Sir Christopher Bellamy QC, who is leading the independent review of criminal legal aid in October, where I intend to raise concerns about the impact of the many cuts to legal aid in recent years, which has caused a decline in criminal legal aid work, adversely impacting on providers, as has been highlighted in the report of the Commission on Justice in Wales. 

The direct answer to some of the points you raise is: yes, I will happily meet with any people who are involved in the provision of advice services. In fact, I would welcome the opportunity to do so and to increasingly do so. I have some meetings, I believe, already arranged, but I am keen to see how we can effectively co-ordinate the provision of advice within Wales. Welsh Government, as you know, puts in considerable amounts of money actually to make up some of that deficit, through the various advice services, and so on. And, of course, in meeting with the new Lord Chancellor, Dominic Raab, I will be raising there some of the issues that I was going to raise with his predecessor, which also relate to access to justice, which also reflect on the issues of legal aid. But the issue of accessibility, the extent to which people are now participating in court proceedings, either directly or even by mobile phone, on serious issues as litigants in person, with no legal representation, is an absolute scandal for the fifth richest country in the world.

Photo of David Rees David Rees Labour 3:08, 22 September 2021

(Translated)

Finally, question 8, John Griffiths.