UK Parliament / Open data

Nationality and Borders Bill

My Lords, as I said in an earlier group, the noble Lord, Lord Dubs, who is the lead signatory of these amendments, could not stay so I am moving our amendments in this and the last group.

Clauses 65 and 66 amend LASPO—the Legal Aid, Sentencing and something Act—to allow for people already in receipt of legal aid for an immigration, asylum or human rights claim, under the exceptional case determination procedure, to receive legal aid advice in relation to a referral into the national referral mechanism, whereby they seek a positive reasonable grounds decision as a potential victim of slavery or human trafficking.

However, these provisions help only victims who already receive legal aid and know how to ask for it. It does not cover all victims. Exceptional case funding for legal aid is very difficult to secure in practice, so Clauses 65 and 66 will help only a small number of people, not least, as the Anti-slavery Commissioner has noted, because it requires a lot of time-consuming work up front to get that exceptional case funding and the solicitor is paid only if the application is successful.

The Joint Committee on Human Rights supports the request of the Anti-slavery Commissioner that legal aid advice of seven hours—or preferably more, as my noble friend’s Amendment 94A probes—should also be available to those in receipt of a slavery or trafficking notice in the same way as for those in receipt of a priority removal notice, to avoid victims of severe trauma remaining unidentified and unassisted.

The Joint Committee on Human Rights, like others in Parliament, as I know from these Benches, has also repeatedly expressed its concern about legal aid deserts, but that is a wider debate. I beg to move.

About this proceeding contribution

Reference

818 cc1139-1140 

Session

2021-22

Chamber / Committee

House of Lords chamber
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