Legal Aid, Sentencing and Punishment of Offenders Bill

I am grateful for the assurance that the Minister has given that he will look at this matter again and consider what the attitude of the Government should be in complex cases involving family reunification. I would point out that, on the question of claiming asylum, the Government said in their response to the consultation: "““Applications to join family members are treated as immigration cases, and are generally straightforward because they follow a grant of asylum””." That is what my noble and learned friend told us just now. The Government’s response went on: "““Respondents argued that these cases are akin to claims for asylum … if a person wishes to claim asylum it is open to that person to do so either as a dependant of a primary asylum claimant or to do so in his or her own right. Legal aid for any such asylum claim will be in scope””." As my noble friend Lord Avebury has said, the family members with which this amendment is concerned are outside the United Kingdom and cannot claim asylum unless they get here. The only way that they can get here would be through some hazardous and clandestine journey to get to this country and make a claim. It would be unlawful under the Immigration Act 1971 for a person in this country, including a person who has been granted asylum, to assist them in any way but if they can get here and claim asylum, they then apparently get legal aid to fight their claim. That seems ludicrous. I am sure that my noble and learned friend, in considering the matter further as he has promised to do, will take that into account, but for the moment I beg leave to withdraw this amendment. Amendment 69 withdrawn. Amendments 69A to 71 not moved. Amendment 72 Moved by