Foreigners
will be banned from claiming free legal representation in civil cases
until they have lived in Britain for at least one year, the justice
minister revealed Sunday.
The
crackdown on immigrants’ rights is among the changes to be announced by
ministers this week to cut the £1.7 billion (Dh9.50 billion) legal aid
bill by approximately £300 million.
It
will hit illegal immigrants, failed asylum seekers and even those on
tourist or student visas who have taken advantage of the lax rules or
lack of checks on their status.
Chris Grayling, the Justice Secretary, said the measures would be “difficult but sensible”.
In
an interview with The Sunday Telegraph he said: “It’s not about denying
people access to justice it’s about achieving the right balance for
what you can afford.”
Grayling
is to take an axe to criminal legal aid in an effort to limit large
taxpayer-funded payments to lawyers. Some leading QCs can receive as
much as £500,000 a year from the government for defending suspects.
The
Justice Secretary said nobody whose earnings came from the public
sector “should reasonably expect” to earn more than the Prime Minister,
who is paid £142,000 a year. Under the range of new measures, prisoners
are to be banned from using legal aid for cases that do not relate to
the length of their sentences. “I am proposing to take legal aid away
from prisoners who don’t like the prison they are in, or don’t like the
cell they are in, or don’t like a part of the regime,” Grayling said.
In
a separate move — with ministers determined to take a tough line on
offending — Grayling disclosed that he is planning a change in court
guidelines after a criminal convicted of attacking three people had his
curfew lifted so that he could go on holiday to Thailand. In a letter to
magistrates, Grayling said he had ordered his officials to “review”
rules that had allowed Nathaniel McIntosh, 23, to apply to get his
curfew lifted to go on a pre-booked month-long trip.
He
had been convicted at Bodmin magistrates’ court of a “sustained attack”
which included kicking and punching three victims. He received a
12-week suspended prison sentence and an eight-week curfew from 7pm to
6am. Mr Grayling’s letter warns of the need to “take steps to prevent
things like this from happening in the future” and adds: “I do not
believe that the public can have confidence in a system where an
offender can delay a penalty in order to go on holiday.”
The
residency test for foreign migrants claiming civil legal aid comes
after a promise by David Cameron to make Britain the “toughest” country
on benefits for them. Ministers will hold a consultation on a proposal
to ensure that, in future, new arrivals will not be able to receive
legal aid in cases that involve benefits, housing or relationship
breakdowns.
A
senior Coalition source said: “At a time when we have had to make
difficult decisions about legal aid to ensure that taxpayers can have
confidence in how we spend their money, we believe that in future, civil
legal aid should be limited to those who have a strong connection to
this country.”
There
are currently no nationality or residence restrictions on civil legal
aid. Ministers plan to make it a requirement for solicitors to see
documentary evidence of at least 12-month residency before taking on
cases. There will be some exceptions, including serving members of the
Armed Forces and their families, and asylum seekers.
The
move comes ahead of the expected arrival of tens of thousands of
Romanian and Bulgarian workers who will be allowed to come to Britain
from next year after European Union restrictions are lifted. Ministers
have refused to put a figure on the number who are expected to come.
A
report by MigrationWatch, a think tank, predicts that 250,000 could
arrive by 2019. Grayling said: “There are a number of areas where
somebody who comes to this country even on a tourist visa can access
civil legal aid. We are going to change that.
“There
have been examples of people who have come to the country for
extraordinarily short periods of time who have had a relationship
breakdown and then they end up in our courts at our expense to determine
custody of the children.
“This
will exclude people who enter the country illegally, who up to now have
been able to access our legal aid system in a way I don’t think should
ever have happened.”
Despite
a previous crackdown on civil legal aid by Kenneth Clarke, who preceded
Mr Grayling as justice secretary, Britain’s overall legal aid bill, at
£1.7 billion a year, remains high. France, in contrast, spends pounds
£400 million.
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