Asylum and Immigration (Treatment of Claimants, etc.) Bill

Part of the debate – in the House of Lords at 7:30 pm on 18 May 2004.

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Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip 7:30, 18 May 2004

My Lords, I am grateful to the noble Lord, Lord Phillips, for bringing forward what he sees as a compromise. I do not quite see it that way. It is important that we understand what that compromise might look like and what it is part of in terms of "the process". I hope that in putting the Government's case for resisting the amendment, that will become clearer. However, I acknowledge one point made by the noble Lord, Lord Phillips, and supported by others; that initial stages in the process are important and have a bearing on the outcome for applicants.

As the noble Lord explained, Amendment No. 25 seeks to exclude victims of rape or torture in the exceptions listed in the accompanying direction to the Community Legal Service (Scope) Regulations 2004 so that funding for the attendance of a representative at a substantive IND asylum interview is available in these cases. Those regulations are made under Section 6(7) of the Access to Justice Act 1999. This enables the Secretary of State to make regulations to amend Schedule 2 to the Act in order to exclude specified services from the scope of the community legal service.

These regulations remove funding for the attendance of a representative at the majority of substantive IND asylum interviews from 1 April this year. In all but the exceptional cases detailed in the accompanying direction to the regulations, funding for the attendance of a representative at the substantive asylum interview is now not authorised.

I want to explain why we introduced the regulations. Previously, funding was available for a representative and, despite what the noble Lord said, usually it was for an agent or outdoor clerk working for a legally aided organisation representing an asylum seeker to attend the substantive interview with the Home Office. However, the Government believe that in the majority of cases this is unnecessary, of little or no benefit to the client and a waste of public funds. It does not merit the expenditure.

I know that the noble Lord rejects that explanation, but I want him to hear the explanation we are giving.