An influential parliamentary committee has criticised the government’s proposals on legal aid.

 

In a report published today, the Joint Committee on Human Rights calls for the proposed residence test for legal aid to be introduced by primary legislation, so that it can be properly scrutinised by parliament. Dr Hywel Francis MP, the chair of the committee, said that they were “worried about the impact of the residence test on vulnerable groups such as children or, victims of domestic violence.” The committee is suggesting that the exemptions to the test should be widened to include these groups. The report also warns that the test could have a severe impact on people who lack the mental capacity to bring cases themselves.

 

The committee agrees with the government’s assertion that some prison law cases do not “necessarily require legal assistance.” However, they are calling for important reforms to the Prisons and Probation Ombudsman, which include placing the service on a statutory footing “with guaranteed independence.” They are also asking for extra legal help to be provided for vulnerable prisoners, including young offenders and prisoners with mental health problems.

 

While acknowledging the financial constraints the government faced, Francis said that, “access to justice is a human right of citizens in this country, regardless of the state of the economy.” He urged the government, “not to fall into the trap of knowing the price of everything but the value of nothing.”

 

Members of the Committee include parliamentarians from both the Commons and the Lords. The government has an inbuilt majority of two on the committee, which consists of five conservatives and two liberal democrats, against four labour members, plus an independent cross bench peer.

 

LAG is disappointed with the Committee’s findings on the changes to the scope of legal aid in prisoner cases, though the suggested reforms to the ombudsman scheme are welcome. We strongly agree with the finding that the residence test should be subject to primary legislation and urge the government to agree to do this, rather than trying to sneak it through via secondary legislation. 

 

The full report should be published later today on the parliament website.