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Lord Clarke of Nottingham
Subject X
Family law

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Statement on reform of legal aid and proposals for the reform of civil litigation funding and costs in England and Wales .

Lead member
Lord Clarke of Nottingham
Department
Ministry of Justice
Type
Ministerial statements
Date
15 November 2010
Reference
518 c659-72
House
House of Commons

With permission, Mr Speaker, I wish to announce today proposals for the reform of legal aid in England and Wales, and proposals for the reform of civil litigation funding and costs in England and Wales. I have today laid before Parliament two documents, ““Proposals for the Reform of Legal Aid...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c659-62
House
House of Commons

That question was asked more frequently many years ago. The exclusive rights of audience in the higher courts were lost some years ago. There are now quite a lot of solicitor advocates. I am not sure whether the shadow spokesman, the right hon. Member for Tooting (Sadiq Khan), was a...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c672
House
House of Commons

I agree with the thoughts that underlie the hon. Gentleman's intervention. Let me make it clear that legal support for mediation remains important in the family field, and we believe that it is a much better way of proceeding. I will certainly bear in mind what the hon. Gentleman said...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c671-2
House
House of Commons

Yes is the best and most straightforward answer to that. My hon. Friend underlines an absolutely fundamental principle of justice in any civilised society, so the answer is an emphatic affirmative.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c672
House
House of Commons

I realise that we have had such problems. The LSC's accounting has been criticised and its performance has not always been what it might—hence the complaints of late payment. The commission seems to have been making great efforts to improve its performance, which we hope to maintain. Obviously, we hope...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c670
House
House of Commons

I have been considering this issue with colleagues and I shall continue to do so because we are concerned, more widely, about the present financial crisis affecting all kinds of outside bodies such as voluntary organisations and charities in many fields. Not-for-profit bodies such as NACAB are very important in...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c669
House
House of Commons

I realise the need for such services and I know that citizens advice bureaux are a particularly valuable source of advice for his constituents and mine in our area of Nottingham. I should point out, however, that not every bureau provides legal advice or gets legal aid and that bureaux...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c670
House
House of Commons

I hope to, but I hesitate to claim that we are providing greater access to justice given that we are taking quite a few things out of the scope of legal aid assistance. However, I share my hon. Friend's hope that we will encourage better resolution of disputes, of which...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c670
House
House of Commons

Not normally, unless in an exceptional case we are under a legal obligation to provide legal aid. Education cases include all kinds of things, such as litigation regarding exclusion of particular pupils, and whether someone has been granted a place at the school of their children's preference and so on....

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c671
House
House of Commons

The last Government made many changes to legal aid, which stopped the increase in spending throughout most of the past decade. I have tried to return to basic first principles, and to ask ““What is legal aid for?”” Let us now put in place a logical structure that is defensible...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c667
House
House of Commons

Yes, we certainly intend to confine legal aid in immigration cases to those where detention or liberty is an issue, or in respect of asylum to where there may be a duty to provide asylum to someone who has been facing persecution. Other than that, we will make considerable reductions...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c668
House
House of Commons

Serious issues arise for parents in educational cases, and, obviously, the interests of the children should be paramount, as they are in most other cases. The difficulty is that the problem to be resolved usually relies more on educational expertise than on the law, and too often we are financing...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c668
House
House of Commons

Considerable adverse comment was made about the unfortunate case of our recent colleagues who succeeded in obtaining legal aid for their defence because, I think, their case was listed in a Crown court that had not yet introduced means-testing. I can assure my hon. Friend that all Crown court cases...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c668
House
House of Commons

I will inquire into the case that concerns the right hon. Gentleman, but I must point out that the Legal Services Commission is currently a totally independent body and is not subject to ministerial control. We propose to change its status and make it an agency, which would make it...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c669
House
House of Commons

In some cases, as with housing issues where a person's home is at risk and they may lose possession, we will continue to make legal aid available. Any cases involving the risk of homelessness or loss of liberty will still be covered by legal aid. The right hon. Gentleman gave...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c665
House
House of Commons

Mr Speaker, if I may, let me first respond to your comments. When I finalised the statement before coming here, I realised that it was far too long, but the fact is that the subject is complex and the leaks were quite detailed but not wholly accurate, so it was...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c664-5
House
House of Commons

At present, about half the total number of clinical negligence cases are brought on a no win, no fee basis, and about half are brought on legal aid. No doubt some are privately financed. No win, no fee is a perfectly suitable way of proceeding in clinical negligence cases. We...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c667
House
House of Commons

We are working on incentives to stop them from being paid by the word outside the House, Mr Speaker. I am grateful to the right hon. Member for Blackburn (Mr Straw) for what he said. We both know that any responsible Government who had won the last election—any parties that...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
15 November 2010
Reference
518 c666-7
House
House of Commons