Westminster update: first investment in civil legal aid for 30 years

One thing you need to do

The Ministry of Justice has announced a £30 million investment in housing and immigration legal aid. This represents the first increase in funding in nearly 30 years.

We welcome this first step and outline our views

What you need to know

1. Lady chief justice: “the rule of law is not free”

The lady chief justice, Baroness Carr, gave evidence to the Justice Select Committee on Tuesday 26 November, updating on the state of the courts and efforts to improve judicial diversity.

In an opening statement, Baroness Carr praised the government’s commitment to the rule of law but highlighted this needed to go beyond respecting constitutional boundaries and must extend to funding the justice system.

The lady chief justice was clear that our justice system underpins the wider work of the state and society and so must be funded properly.

The justice system needs a holistic approach taken to it, covering the courts, prisons, prosecution and defence if it is to work effectively.

Turning to the extensive backlogs in the courts, Baroness Carr noted the recent Concordat process to set sitting days hadn’t worked properly, with the reduction in sitting days having a significant impact through trial delays causing distress to victims and defendants, as well as practitioners.

She is committed to ensuring next year’s process works effectively and will be pushing for maximum sitting capacity.

Finally, the lady chief justice was asked about judicial diversity, especially among solicitors. She highlighted her work with Magic Circle law firms, as well as the Law Society to encourage more solicitors into the judiciary.

Baroness Carr also acknowledged poor progress had been made to increase the number of black judges and committed to listening more to their experiences to see what further work could be done to improve diversity.

2. Mental Health Bill debated for the first time

The Mental Health Bill had its second reading in the House of Lords on Monday 25 November, thereby undergoing its first session of scrutiny.

Overall, peers were happy that a new Mental Health Bill has finally been introduced, but concerns remained around some of the details of the bill.

Much of the focus was on those with autism and learning disabilities.

The bill seeks to limit detention so that people with a learning disability and autistic people can no longer be detained beyond 28 days, unless they have a co-occurring mental health condition that requires hospital treatment.

Baroness Watkins of Tavistock (crossbench) said that that, while she is pleased that the bill looks at unnecessary detention, she shares the concerns of the Royal College of Psychiatrists and other professional bodies that further clarity is needed around assessment and treatment.

She said that for many, the proposed 28-day limit for assessment may not be long enough to reach a comprehensive diagnosis, especially considering that those with autism often present with additional complexities.

Lord Touhig (Labour) also expressed concerns, stating that the bill still allows for those with a learning disability or autism to be detained if they have “a co-occurring mental health condition”.

But given that eight in 10 autistic people experience mental health issues, he worries that without safeguards, the current situation would continue.

He said that “there is a danger of allowing, even unintentionally, the creation of a critical gap between what happens at a policy and legislative level and what happens on the ground”.

Another issue heavily debated was that of children and under 18s.

Lord Meston (Conservative) said that even after 40 years, “we do not have 'clear and consistent criteria' for determining whether a child is competent to make a decision”.

He said it would be helpful to understand the government’s current intention, particularly if formulating any statutory tests is not intended.

Baroness Bennett of Manor Castle (Green) also asked how the statutory care and treatment plans will be applied to the under 18s admitted on an informal basis, which makes up around a third of admittances.

Finally, peers called for the government to mandate better data collection, so that racial inequalities can be monitored.

As it stands, there is a large overrepresentation of black people in the detained population.

The bill will have its committee stage from 16 December.

3. Secretary of state gives evidence to the Business and Trade Committee

The secretary of state for business and trade Jonathan Reynolds and permanent secretary Gareth Davies gave evidence to the Business and Trade Committee on Tuesday 26 November.

This was the first time since taking office that Reynolds has appeared in front of the committee.

The session covered a range of topics including departmental priorities, progress on free trade agreements and the industrial and trade strategies.

Reynolds emphasised the importance of integrating the industrial strategy with the international trade strategy to ensure cohesive economic growth.

He explained that this integration aims to align domestic industrial policies with international trade objectives, creating a unified approach to economic development.

By doing so, the government seeks to enhance the competitiveness of UK industries on a global scale.

Reynolds highlighted initiatives such as supporting innovation, investing in key sectors and fostering collaboration between businesses and research institutions.

This integrated strategy is designed to create a robust industrial base that can effectively compete in international markets and drive sustainable economic growth.

During the session, Reynolds and Davies discussed various overseas markets and the opportunities they present for UK businesses.

Reynolds outlined the government's “twin-track” approach to trade, which focuses on rebuilding the relationship with the EU while also exploring new global markets.

He mentioned specific regions such as Asia and North America, where the UK is seeking to strengthen trade ties.

The discussion also covered efforts to simplify trade processes, reduce barriers and enhance cooperation on regulatory standards with these markets.

Jonathan Reynolds highlighted the importance of the legal services sector to the UK economy, noting its significant contribution to GDP and its role in supporting international trade.

He emphasised the government's efforts to ensure that UK legal services remain competitive globally. This includes negotiating favourable terms for legal services in trade agreements and working to reduce barriers that UK legal professionals face in international markets.

Gareth Davies added that the Department for Business and Trade is actively collaborating with the legal sector to promote UK legal standards and practices abroad.

He mentioned initiatives aimed at enhancing the global reputation of UK legal services, including partnerships with international legal bodies and efforts to streamline regulatory processes.

Davies also discussed the importance of digital transformation in the legal sector, highlighting how technology can help UK legal services reach new markets and improve efficiency.

Coming up

We are working closely with MPs and peers to influence a number of bills before parliament:

• Arbitration Bill second reading in the Commons on a date to be announced
• Data (Access and Use) Bill committee stage in the Lords on 3 December
• Employment Rights Bill began its committee stage in the Commons on 26 November
• Mental Health Bill committee stage in the Lords on 16 December
• Product Regulation and Metrology Bill began its committee stage in the Lords on 20 November
• Renters Rights' Bill report stage in the Commons on a date to be announced