Debate over controversial Bill labelled "an utter disgrace"
Under the Legal Aid, Sentencing and Punishment of Offenders Bill, which had its third reading in the House of Commons last week, domestic violence victims will be able to claim legal aid as long as they can prove “a high risk of violence”.
Steve Hynes, director of the Legal Action Group, said: “Part of the criteria is that they have brought legal proceedings in the last 12 months against domestic abuse.”
“This will not include an undertaking made by a party in court, and we were heartened by the arguments of Helen Grant MP, a former family lawyer, that an ‘undertaking’ [a solemn promise made to a judge] ought to be included in the definition.”
Hynes said it is “arguable” whether victims of psychological abuse will qualify for help under the Bill’s criteria.
“It is very much a one-cheer situation. There was a rebellion but not a very large rebellion. However, backbench MPs have put down a number of markers that will be taken up by the Lords in further debate.”
Speaking in the debate, justice minister Jonathan Djanogly said the government took domestic violence “extremely seriously” but that there were concerns about “unfounded allegations”.
The Association of Personal Injury Lawyers (APIL) criticised the lack of Parliamentary time allowed to discuss “no-win, no-fee” proposals in the Bill.
Deborah Evans, APIL’s chief executive, said it was “an utter disgrace” that “only around two per cent of Parliamentary time” was devoted to proposals that would reduce the damages of injury victims.
The Bill’s first reading in the House of Lords is expected to begin on 21 November.
The Law Society and Sound Off for Justice campaign have launched a report, Missing Millions, that they claim shows the government’s figures on legal aid are flawed and that the cuts will cost more than they save.
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