1 Introduction
1. This report looks at the proposed introduction
of a residence test for civil legal aid claimants, so as to limit
legal aid to those with a "strong connection" with the
UK. Specifically, we look at the likely effect of the residence
test on children. We have already explained our concerns about
this policy: we did so in our original report,[1]
to which the Government responded in February.[2]
2. The Government propose to implement their
residence test policy by means of an affirmative instrument, which
they laid in draft on Monday, 31 March. This report looks at that
statutory instrument, particularly in relation to its likely effect
on children. It is regrettable that the proposal was not introduced
by primary legislation to allow both Houses to scrutinise and
amend its provisions. Despite welcome concessions made in response
to our original report, we are so concerned that we urge the Government
to withdraw the instrument as currently drafted. If the Government
does decide to proceed by affirmative instrument, we would expect
the newly laid instrument to reflect our concerns as set out in
this report with regard to its impact on children.
3. In this report, we first set out the background
to the Government's policy in relation to a residence test for
access to legal aid and the United Kingdom's relevant international
human rights obligations, in particular the United Nations Convention
on the Rights of the Child (UNCRC). We then set out why the Government
consider that their policy complies with those obligations and
our doubts as to the merit of their case. We then consider the
particular position of four specific categories of children, where
we are particularly concerned that the Government's approach is
not compatible with their international obligations.
1 Joint Committee on Human Rights, The implications
for access to justice of the Government's proposals to reform
legal aid (7th Report, Session 2013-14, HL Paper 100/HC 766) Back
2
Government response to the Joint Committee on Human Rights: The
implications for access to justice of the Government's proposals
to reform legal aid. February 2014 Back
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