Access to Legal Advice

Part of New Clause 2 – in the House of Commons at 5:15 pm on 21 January 1992.

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Photo of Sir Peter Lloyd Sir Peter Lloyd , Fareham 5:15, 21 January 1992

I can give the hon. Gentleman the undertaking—it is of the sort that I gave him in Committee—that I believe that many things should be done with the extra resources that we shall have, and in the context of administrative matters the care of records is relevant. We shall be able to undertake that task more fully and in a better manner in future. It is a matter of priorities. I undertake to examine all these matters to see what we might do. I cannot say that in an administrative context we shall take up every item that appears in the new clauses, at least not in the way that is implied. I am not against the general tenor of that which is sought.

I have set out some of the reasons why the new clauses should not become part of the Bill and now I shall say something about general intention. It is right that, for example, the House should be well informed of the arrangements for advice and representation. It is open to the House to ask for reports, and it can pose questions at any time. I believe that I am being asked a question on my meeting yesterday with the UKIAS executive council, and I have no doubt that other hon. Members have tabled questions. It is my intention to keep hon. Members informed of the temporary arrangements that will be made for the UKIAS refugee unit. This will be done by the best and most helpful means that are available to us, so that the House is kept informed at each stage. I shall deal with that matter more fully in my later remarks.

I look to the right hon. Member for Sparkbrook when I say that I am not clear about the precise intention that lies behind the phrase in new clause 2, which refers to satisfactory access to advice and representation"— this is for applicants— from advisers and representatives of their choice". Of course applicants may continue to have advice and representation of their choice; we place no limit on either. The present arrangements for representations are as they were under the Labour Government, which means that publicly funded representation, as opposed to advice, is available only from the UKIAS. Does new clause 2 envisage that legal aid will be extended to representation before the special appellate system takes effect? That would be a fundamental change from the practice of Labour Governments of which the right hon. Member for Sparkbrook was a member.