The government offered further concessions this week as the
Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill
returned to the House of Commons so that MPs could consider the
eleven amendments made to the bill by peers.
In respect of domestic violence cases, the lord chancellor made
clear that a wider range of evidential criteria - including
evidence from a GP, social services or a refuge - would be
admissible, and also extended the timeframe for this evidence from
12 months to two years.
However, in other areas the government refused to move, or did
not go far enough to satisfy the Society's concerns - notably on
legal aid for welfare benefits appeals, legal aid for children and
the proposed mandatory telephone gateway.
Law Society president John Wotton said:
'The House of Lords amendments, while they would cost the
government very little, improve the bill substantially and would
provide legal aid for cases involving some of the most vulnerable
individuals. The government's concession on domestic violence,
while falling short of our proposal is to be welcomed. We remain to
be convinced that the government's suggestions with regard to
welfare appeals will make much practical difference.
'I trust that, notwithstanding the government's outright
rejection of the remainder of the Lords' amendments, peers will
reinsert them when the bill returns to the Lords next week and the
government will finally be persuaded to accept them.
'I am most disappointed by the government's rejection of the
amendment to part 2 of the bill which applies to mesothelioma cases
and very surprised by the ABI's assertion that this is somehow good
news for victims. How can it be good news for victims of this type
of chronic industrial disease that they will have to surrender up
to 25 per cent of their damages to cover costs, even when their
former employer is found liable for their injury?'
The Society will continue to lobby MPs and peers during the
final stages of the bill with the aim of securing further
concessions from ministers.