Lord Hanson of Flint (Lab)

My Lords, I am grateful to my noble friend Lord Bach for his amendment and for the support of the noble Baroness, Lady Prashar, the noble Lord, Lord Carlile of Berriew and the noble Baroness, Lady Hamwee, on behalf of her noble friend Lady Ludford. I have also heard contributions from the Floor of the Committee from the noble Lords, Lord Kerr of Kinlochard and Lord Pannick, my noble friend Lady Chakrabarti, and the noble and right reverend Lord, Lord Sentamu, all of which were broadly in support of my noble friend Lord Bach’s Amendment 137. This amendment would impose a duty to make civil legal aid available to detained persons within 48 hours. I am going to repeat what noble Lords have said already, because it is important to put it on the record. People detained under immigration powers in prisons and in immigration removal centres are provided initially with 30 minutes of free legal aid advice through the detained duty advice scheme—DDAS. This is a triaged appointment which supports people to meet with a legal provider who may provide further advice, subject to the matter being within scope of legal aid and the detained person’s eligibility. I want to be clear that there is this 30-minute availability, as noble Lords have mentioned. It is important to re-emphasise that, following that DDAS assessment, whether a legal representative accepts or takes on a case is subject to a merit test and to a decision about independent legal representation, in line with legal aid. There is already some scope for reassurance. I hope that the Committee can accept that this well-established service is in place to provide people with quick and easy access to legal provision. I am conscious that my noble friend Lord Bach mentioned the take-up. I fully accept that this is an important matter for him, and for the Committee and the Government to consider. Take-up is monitored by officials from the Home Office and the Ministry of Justice. It will be examined in detail. I am happy to look at how we can improve take-up of the initial provision, but the initial provision is there.