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To ask the Secretary of State for Justice what steps he plans to take to ensure that files formerly held by the Immigration Advisory Service are retained for use by their clients.

[117521]

Asked by
Julian Huppert (Liberal Democrat)
Answering body
Justice
Type
Written questions
Status
Answered
Date
17 July 2012
Reference
117521; 548 c641W
House
House of Commons
Deposited by
Ministry of Justice
Type
Deposited papers
Date
5 October 2011
Reference
DEP2011-1569
House
House of Commons

To ask the Secretary of State for Justice (1) when his received notification of the entry into administration of the Immigration Advisory Service;

Asked by
Louise Ellman (Labour; Co-operative Party)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
7 September 2011
Reference
69594; 532 c625W
House
House of Commons

(2) when he was first made aware of the financial situation at the Immigration Advisory Service;

Asked by
Louise Ellman (Labour; Co-operative Party)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
7 September 2011
Reference
69595; 532 c625W
House
House of Commons

(3) how many people were in receipt of services from the Immigration Advisory Service at the time of its entry into administration;

Asked by
Louise Ellman (Labour; Co-operative Party)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
7 September 2011
Reference
69596; 532 c625W
House
House of Commons

(4) what estimate he has made of the likely cost to the public purse of the entry into administration of the Immigration Advisory Service.

Asked by
Louise Ellman (Labour; Co-operative Party)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
7 September 2011
Reference
69597; 532 c625W
House
House of Commons

To ask the Secretary of State for Justice who will assume responsibility for the casework of the Immigration Advisory Service following the organisation entering administration.

Asked by
Louise Ellman (Labour; Co-operative Party)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
5 September 2011
Reference
68470; 532 c288W
House
House of Commons

To ask Her Majesty’s Government what is their assessment of the impact on the provision of free and reliable legal advice on immigration and refugee issues of the entry into administration of the Immigration Advisory Service, the winding up of Refugee and Migrant Justice, and the cuts in legal aid.

Asked by
Lord Lester of Herne Hill (Liberal Democrat)
Type
Written questions
Status
Answered
Date
20 July 2011
Reference
11059; 729 c325WA
House
House of Lords

To ask the Secretary of State for Justice what steps he is taking to ensure repayment of money which the Immigration Advisory Service claimed in error to the legal Services Commission.

Asked by
Anne Main (Conservative)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
18 July 2011
Reference
66852; 531 c733-4W
House
House of Commons

To ask the Secretary of State for Justice what recent discussions he has had with the Immigration Advisory Service regarding the status of the current clients of the service and their on-going legal cases.

Asked by
Anne Main (Conservative)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Date
18 July 2011
Reference
66851; 531 c733W
House
House of Commons
My Lords, it is clearly regrettable that the Immigration Advisory Service’s trustees have decided to place the organisation in administration. However, the IAS is one provider in a wider market of immigration and asylum advice. The Legal Services Commission is identifying alternative provision for the areas affected, as well as making the necessary arrangements for case transfers.
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c720
House
House of Lords
I declare an interest as former chief executive of the Refugee Council. Can the Minister assure the House that the quality of specialist immigration law that will be available in the future will as good as in the past? Is she aware of the differential success rates of people getting very good legal advice? Does she accept that removing immigration law from the scope and cutting the budget of legal aid for asylum may make it harder? I am sure that most noble Lords would not dream of buying a house without decent legal advice, and certainly no one should be forced to defend their life without it.
Asked by
Baroness Sherlock (Labour)
Oral questions - Supplementary
Status
Answered
Date
13 July 2011
Reference
729 c721
House
House of Lords
I disagree with what my noble friend says about adequate provision perhaps not being in place. I am very encouraged by what the chief executive of the Legal Services Commission said. The transfer of files is better organised than it was in the previous case that he referred to, and we are confident that this will be taken forward very effectively.
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c722
House
House of Lords
How very kind of the noble Lord. On his first point, three IAS hub centres will be kept open for the moment: in Manchester, Birmingham and Bradford. They are facilitating the transfer of these cases. I am sure that we will have very interesting debates coming down the track on legal aid, but this has nothing to do with the proposed changes.
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c722
House
House of Lords
Is there not a danger that with the cutback in money for legal aid, it is not possible for other organisations to fill the gap left by the Immigration Advisory Service? Is not the real problem that asylum seekers will be caught in limbo, possibly becoming destitute because there is no one to represent them properly?
Asked by
Lord Dubs (Labour)
Oral questions - Supplementary
Status
Answered
Date
13 July 2011
Reference
729 c721
House
House of Lords
My Lords, the IAS had almost 25,000 new cases last year, of which 8,500 were asylum cases. That leaves about 10,000 live cases. What assurances can the Government give: first, to clients, especially those whose cases are at a critical time-limited point and who need information in their own languages about what will happen next; and, secondly, on practical matters, including the number of staff retained by the administrators to deal with such things as the transfer of files? My noble friend will know that a year after the closure of Refugee and Migrant Justice many files are still in storage, with the storage company looking for payment before cases can proceed.
Asked by
Baroness Hamwee (Liberal Democrat)
Oral questions - 1st Supplementary
Status
Answered
Date
13 July 2011
Reference
729 c721
House
House of Lords
My Lords, will the Minister ensure that every case that is currently with the IAS will be transferred to a competent provider of legal advice and representation? I think she has already indicated that she will make sure that that happens. Furthermore, because of the Government’s proposals in the Bill, all immigration cases, except those of individuals in detention, will be outside the scope of legal aid, including cases of domestic violence. This means that in every case, however complicated, no legal advice or legal aid will be available. Does the Minister, who has a proud liberal reputation, not feel more than a little uncomfortable at depriving people of access to justice in this way?
Asked by
Lord Bach (Labour)
Oral questions - Supplementary
Status
Answered
Date
13 July 2011
Reference
729 c722
House
House of Lords
The IAS was audited and the Legal Services Commission identified potential overclaims representing millions of pounds. That is what has led to this train of events. The LSC is working very hard to transfer cases and is prioritising the most vulnerable first, among them cases of unaccompanied children claiming asylum and cases coming up to tribunal immediately. A large number of people working in this area are prepared to take on this work, which is very encouraging for making a smooth transfer and making sure that clients are well looked after in this situation.
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c721
House
House of Lords
This is a problem in the IAS, which projected that it would have a return profit of £500,000 even with the proposed legal aid reforms. This is not an issue about legal aid reforms but a problem in the IAS: a large debt that it cannot address and which the Legal Services Commission has decided should not be written off. Many other organisations want to take on this work. Carolyn Downs, the chief executive of the Legal Services Commission, said in the other place yesterday: "““we have a huge number of people contacting us who are prepared to take on that work””.—[Official Report, Commons, Legal Aid, Sentencing and Punishment of Offenders Bill Committee, 12/7/11; col. 72.]"
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c721
House
House of Lords
The Legal Services Commission has a certain threshold for demanding the kind of quality that the noble Baroness is talking about. That continues to be the case, and we are encouraged that a large number of providers are willing to take on this work, which helps drive up the quality.
Answered by
Baroness Northover (Liberal Democrat)
Type
Oral answers to questions
Date
13 July 2011
Reference
729 c721
House
House of Lords