My Lords, Amendment 53C seeks to insert a new clause into the Bill. I have not participated in the passage of the Bill to date, but I have followed its progress with great interest and am pleased to bring this important matter for the consideration of the House today. The aim of the amendment is to put an end to the practice of GPs charging domestic violence victims a fee for producing the letter they need to access legal aid.
As noble Lords will remember—some of us remember it very distinctly—legal aid is now available for private family law matters only where an individual can prove
that they are a victim of domestic violence. A person must produce specific evidence to qualify, and one way to do it is through the provision of medical evidence.
Doctors are free to levy an unspecified fee for providing this medical evidence, as it sits outside the NHS contract—and it seems that some are doing so. This seems inappropriate at every level. For a woman on a low income, who may be on benefits or financially controlled and coerced by an abusive partner, paying a fee could seem almost impossible. I think that this is most unfeeling. Sometimes these women are struggling financially and may have to make a choice between a fee to the doctor or paying the bills.
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It is bad enough that since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, too many affected by domestic violence continue to be denied access to legal advice and representation in the family courts, owing to restrictions under which victims have to gather evidence in order to prove their claim. Data from Rights of Women show that 40% of victims still do not have the required forms of evidence to access legal aid. It is not difficult to imagine the dilemma that these women face. Should they pay a fee and get in debt? The alternatives might be to face their abuser in court, unrepresented by a lawyer, or do nothing and continue to be at risk of violence.
My honourable friend in the Commons, Tom Watson MP, was moved by the plight of women in this situation to start the Scrap the Fee campaign. This was after visiting a community project called Safe Spots in Wythenshawe, Greater Manchester, where one volunteer, Lisa—herself a survivor of domestic violence—asked him for help with this specific issue of GPs charging domestic violence victims for a legal aid letter. Sarah Green from the End Violence Against Women coalition says that the charge adds yet another legal barrier.
The legal profession agrees that these charges should be scrapped. Jonathan Smithers, a former president of the Law Society, said:
“The harsh tests requiring people to bring evidence to satisfy the broader statutory meaning of domestic violence are not what parliament intended”.
Would the Minister agree with that? Jonathan Smithers continued:
“Without legal aid, women are unable to access family law remedies, which are vital in order to help them escape from violent relationships and protect their children. They are being forced to face their perpetrators in court without legal representation”.
As Tom Watson rightly points out, domestic violence victims suffer enough. No GP should charge a victim of domestic abuse for a letter they need to access legal aid. It is unfair and immoral. I hope the Minister will agree that this has to stop. I beg to move.