I move:
That leave be granted to introduce a Bill entitled an Act to amend the Civil Legal Aid Act 1995, and to provide for a more effective legal aid system.
Before I address the Bill, as this is my first chance to speak in the House today other than on the Order of Business, I wish to mark Armenian Genocide Memorial Day, which was observed yesterday. In light of the continued threats to and invasion of Armenia by its neighbours, it is important that we mark and remember that day.
Last week, the House discussed the Courts Bill 2023, which seeks to provide more judges for the courts system. Almost every speaker on the Bill referred to a functioning justice system being a key part of democracy, as well as the need for a justice system that is independent and accessible. The latter point is the important bit here. Justice must be accessible. As the Chief Justice stated, accessibility to justice is not just about judges and courtrooms. We must look at civil legal aid and the issue of the accessibility of justice and supports for those who cannot afford to access the system. The reality is that many who cannot afford the system are simply locked out of it. In a landmark case relating to criminal legal aid, Mr. Justice Henchy described a criminal legal aid certificate as a shield for citizens to ensure their constitutional due. It is simply unfair and undemocratic not to provide that same shield when it comes to civil legal aid and civil law matters.
There have been many recent comments in respect of judicial review, which is an essential part of the civil law and democracy. Comments that try to degrade and disdain judicial review and those who provide services relating to judicial review are disdainful of the justice system as a whole, as well as of democracy.
The Bill is a simple one. It sets out expanded criteria under which civil legal aid can be obtained and provides for changes in respect of financial eligibility and individual contributions. The aim of the Bill is to ensure justice is accessible for all and that is ultimately about supporting democracy.
