My Lords, Amendment 62 seeks to amend Clause 72 which provides for the commencement provisions in the Bill. It requires the Government to make an affirmative order under Section 9 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—or LASPO, as we refer to it in the House—so that removals and all appeals are eligible for legal aid where someone is under 25 and entered the UK as a child. We debated this amendment in Committee when my noble friend Lord
Attlee explained that this amendment would stall and potentially block changes to removals and appeals in the Bill.
The scope of the legal aid scheme was approved by Parliament and settled by LASPO. The Government have recently consulted on introducing a residence test for civil legal aid. Parliament will have the opportunity to consider these proposals shortly. However, we have no plans to extend the scope beyond the high priority matters on which Parliament has agreed.
In Committee, the noble Baroness, Lady Lister, who is not in her place at the moment, referred to the JCHR report on the residence test. She noted that the committee concluded that the Government’s response to that report had not gone far enough. With respect, we do not agree with that comment. The Government considered the JCHR report carefully and in response modified the exceptions to the residence test, including for children. These changes ensure that the test is fair and that legal aid is targeted where it is justified while achieving the essential policy aim of targeting legal aid at those with a strong connection to the UK. We do not accept that the residence test would result in any contravention of our domestic and international legal obligations, including our obligations under the UN Convention on the Rights of the Child.
While this amendment is well intentioned, it is unnecessary. The vast majority of unaccompanied children are asylum seekers and will receive legal aid. Victims of trafficking also receive legal aid, and indeed we discussed their status earlier today. Children or young adults who are not unaccompanied will have the support of their family in the UK.
In Committee, my noble friend Lord Roberts raised concerns about the number of successful applications for exceptional funding. The fact that a lower than forecast number of successful applications has been made does not indicate that the system is defective. It is important to note that estimates made about volumes are precisely that—estimates. The fact that the volume of applications has been lower than forecast is clearly also relevant to the number of applications granted. Legal aid is and will remain available for the highest priority cases such as asylum seekers and advice and damages claims for victims of trafficking. Children and those who entered the UK as children who fall into one of these groups are eligible for legal aid. It is right that these limited funds should be targeted towards them. Therefore it is only those children and young adults who do not fall into one of the high priority groups who will not be eligible for legal aid.
My noble friend asked why the exceptional funding mechanism is so bureaucratic. We do not accept that the system is overly bureaucratic. There is a bespoke application form to fill in which is designed to help providers present the relevant information. In addition, clients can ask for a provisional determination concerning their case directly from the Legal Aid Agency if they wish to do so. I appreciate the enthusiasm with which my noble friend has addressed these issues, but in the light of my points, I hope that he will feel able to withdraw his amendment.