Queen’s Speech
Baroness Doocey Excerpts(3 years, 5 months ago)
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Baroness Doocey (LD) [V]
My Lords, tourism has been the sector most affected by Covid-19 and it will be the last industry to reopen. One in 10 jobs depends on it, yet there was no mention of tourism in the Queen’s Speech or the accompanying 163-page policy briefing, and there were no Bills that directly support the UK’s tourism industry. It has been taken for granted as a national cash cow for years but government policy is now slaughtering the UK’s £31 billion inbound tourism sector because the new traffic light system favours people leaving the UK to holiday abroad while doing nothing to encourage tourists to come here.
With many people working from home and businesses allowing more flexible working, UK residents will be able to travel to amber countries and then self-isolate on their return while working from home. In contrast, people in amber countries who want to travel to the UK for a holiday will have to remain in their hotel for 10 days, meaning that there is no point at all in coming.
The Government’s present position also risks making overseas travel the preserve of the wealthy. The cost of a Covid test for people travelling even to a green-list country is £150 per person, vastly increasing the cost of a family holiday. Travel to an amber country involves £450-worth of tests per person. Meanwhile, there is a baffling range of potential test providers all making a pretty penny from the process. Given that the UK’s testing capacity was radically expanded in 2020, there must surely now be scope to permit UK citizens, say, one set of NHS tests per year for travelling purposes.
The overall effect of the present arrangement is that the UK loses its most lucrative domestic travellers to overseas holidays and gets hardly any inbound tourists to make up for them. The potential inbound tourism revenue from green-list countries—the only countries whose residents can credibly visit the UK—amounts to just 3% of the UK’s normal inbound tourism revenue. The Government could boost that figure and support the half a million—or more—people in the UK whose jobs directly rely on inbound tourism revenue. They could allow fully vaccinated people from the UK’s main tourism markets, such as the USA, to come to the UK without having to quarantine, and they could also provide targeted support for businesses reliant on inbound tourism to protect jobs in this sector.
The industry also needs the Chancellor’s £1.6 billion business rate support, promised in March for the most severely impacted businesses that have not been eligible for other rates relief. Coach operators, tour operators and English language schools are desperate for this support, but there is still no word from the Government on which businesses are eligible or how they can apply.
The Queen’s Speech is always the product of negotiations within government, with Ministers and departments vying for a slot, but without a Cabinet Minister for tourism this sector misses out time and again. This year, of all years, surely the Queen’s Speech should have included a tourism Bill. The fact that there was no mention whatever of tourism is a bitter disappointment but, sadly, not a surprise.
Civil Legal Aid (Merits Criteria) Regulations 2012
Baroness Doocey Excerpts(11 years, 11 months ago)
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Lord Bach
I am sorry to come back, but it is only if the tribunal finds an error of law. An error of law has to be found by it first; then a review takes place. It is only in those circumstances, which are very rare indeed, that legal aid could be available at post First-tier Tribunal level. The other thing they might do is appeal to the Second-tier Tribunal, when other considerations would arise. However, it does not and cannot happen in every case. As I understand it, an error of law has to be found by the First-tier Tribunal after it has made its decision.
Baroness Doocey
My Lords, I support the amendment proposed by the noble Lord, Lord Bach, because I believe that the Government’s present proposals will be catastrophic for many thousands of people. During the passage of the Bill, provision for legal aid funding and advice for assistance in welfare benefit appeals made to the Upper Tribunal on a point of law was included in the legislation. The Government also conceded that the same point of principle should apply to the consideration of points of law by the First-tier Tribunal. The Lord Chancellor said, in reference to First-tier Tribunals:
“We are quite open to the argument for ensuring that we have legal representation when there is a legal issue that we cannot expect a lay person ordinarily to argue”.—[Official Report, Commons, 17/4/12; col. 226.]
However, the Government have honoured neither the spirit nor the letter of that commitment. The conditions they have laid down for legal aid to be available require so many planets to be in conjunction that, in practice, it is doubtful that the vast majority of claimants could ever meet them.
My prime concern is the needs of disabled people, who will be disproportionately affected by the removal of welfare benefits from the scope of legal aid. By not considering whether a point of law is involved other than when a further appeal is being pursued, the Government are effectively denying legal help to a significant proportion of disabled people whose appeal cases could nonetheless be considered to raise a point of law.
According to the Government’s own impact assessment figures, restricting legal aid to cases where the First-tier Tribunal itself identified that it erred in law would keep legal aid to just 696 welfare benefit cases in lower tribunals. That represents only a tiny proportion of the 135,000 welfare benefit cases each year. Of those 135,000 cases, 78,000—nearly 60%—involve disabled people who currently rely on legal aid for welfare benefit appeals.
What makes the situation worse is that the Government are in the middle of a major overhaul of the welfare benefits system. Millions of claimants will be reassessed and moved on to different benefits. During the transition period, disabled people will increasingly need expert legal advice to challenge inaccurate decisions about their benefits. The lack of legal aid to pursue an appeal in the first place will mean that disabled people are unlikely to reach the stage where they can get legal aid, as the vast majority of claimants are unlikely to recognise a point of law.
Legal aid for welfare benefit claimants costs an average of £150 a case. There can be significant consequences if disabled people do not receive the benefits to which they are entitled, causing considerable financial strain and pushing many of them into poverty. Their long-term costs in terms of demands on the health and welfare system are likely to be an awful lot higher than £150 per head.
As I have argued on previous occasions, the removal of legal aid from welfare claimants is fundamentally unjust. The paltry savings will prove to be a false economy. The Government’s latest proposal has made a bad policy worse. I urge the Minister to reconsider.
Baroness Lister of Burtersett
My Lords, I am very happy to follow the noble Baroness, Lady Doocey, who has contributed so much to our discussion of previous legislation on this issue. I shall speak to the amendment to the Schedule 1 order, but I also strongly support what the noble Lord, Lord Pannick, said on the other amendment.
My noble friend Lord Bach made a powerful case. He speculated on why the Government have reneged on their commitment. The only answer that we have received is that the Government say that it is not feasible. I wonder why not. Today, the Minister has argued that it is because of administrative costs, but in my book, administrative costs and feasibility are not the same thing.
Citizens Advice has proposed a number of options to make a reality of the Government’s commitments and made representations on them to the Government. Are those options among those which the Government have reviewed—the Minister referred to a review in passing? Were they considered not to be feasible? If so, why not? Was the suggestion made by the noble Lord, Lord Pannick, considered not to be feasible? If so, why not? Unfeasibility is a vague response. Citizens Advice referred to the Government’s proposal as “irrational”. It criticises the fact that there has been no consultation on it. Can the Minister explain why has there been no consultation?
I finish by referring to an e-mail that I received this morning from a member of the public. She does not stand to be affected by the measures. She calls herself an ordinary woman, “nothing special”, but she is motivated by concern for her fellow citizens—in particular those who are sick or disabled. She refers to the fear that many such people now feel. She writes:
“I am pleading with you … to be fair and just when you ‘discuss’”,
the regulations. She finishes:
“I have never felt so strongly about anything before so forgive me if I am departing from normal protocol. All I know and believe is that this is wrong and it needs to be stopped”.
How right she is.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Doocey Excerpts(12 years, 6 months ago)
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Lord Low of Dalston
I am very grateful to the noble Lord. We are in a happy state of accord. He agrees with everything that I say and I agree with everything that he has said. I do not wish to suggest that the Speaker in the other place acts in any way other than objectively. I do not think that the Speaker brings any kind of subjective judgment to bear on these matters; he just rules on these cases. However, it stretches credulity to suggest that forces other than the Speaker—to whit, the Government—may not have a role in raising the matters about which the Speaker has to remind the House. That is all that I meant to say.
I am nearly at the end of this point but I shall go back to the beginning of the quote from Jeff King of University College London. He said:
“The Lords has the clear right not to accept the Commons assertion of privilege without a protest. At risk is the Lords’ future scrutiny of legislation on … the whole of social policy. At the least one hopes the Lords will respond that they do not consent to the Commons’ use of financial privilege on this bill constituting a precedent”.
He was referring to the Welfare Reform Bill on that occasion. As a non-party-political Peer, appointed by the Appointments Commission—if not with a particular mandate, at least on a particular set of understandings—I protest at the blanket use of financial privilege by the Commons to summarily defeat amendments passed in your Lordships’ House. We should not consent to its constituting a precedent, either.
In coming to the substance, I can be fairly brief. The noble Lord, Lord Bach, has set out the case very fully and I do not want to reiterate unduly what he said. However, I underline that this amendment is of enormous significance. The Government’s proposed exclusion from legal aid of the area of welfare benefits is colossal. According to their own impact assessment, removing welfare benefit cases from the scope of legal aid will deny at least 78,000 disabled people specialist legal advice on complex welfare benefit problems. Citizens Advice has estimated that it will amount to 49 per cent of its current legal aid caseload.
Disabled people are particularly disproportionately affected by the removal of welfare benefits from the scope of legal aid. As the noble Lord, Lord Bach, said, 81 per cent of benefits cases heard in the First-tier Tribunal relate to disability benefits. As we know, the Government are undertaking a dramatic overhaul of the welfare benefits system. This will see millions of claimants reassessed and moved on to different benefits. For example, plans to replace disability living allowance with the personal independence payment will affect more than 2 million people. At a time of such unprecedented upheaval in the welfare system, access to legal advice is going to be essential, as inaccurate decisions will be inevitable. Indeed, even after three years of discredited Atos Healthcare assessments of people seeking to transfer from incapacity benefit to employment and support allowance, the success rate of appeals is actually going up. As we have heard, it was 45 per cent at the last count. As the noble Lord, Lord Bach, said, legal advice makes all the difference; it is not just marginal. According to the MoJ’s own figures, you are 78 per cent more likely to win your case if you have had legal advice. Of those appealing against their assessment for ESA, 70 per cent of those who are advised win compared with only 43 per cent of those who are not advised.
The Government are in danger of getting themselves into the position where they are criticised for kicking a man down and then depriving him of the means of getting up again. I think we should give the Commons another chance to avoid that charge.
Baroness Doocey
My Lords, I speak in support of Amendment 168B. I share the view of the noble Lord, Lord Bach, that the Government’s concessions are not an adequate substitute for the loss of legal aid.
The Government have acknowledged the fundamental principle that civil liberties are nothing if you cannot enforce them. If you do not have the money or the knowledge to defend your rights then, sadly, these rights become meaningless. That is where the legal aid system is so important, particularly for the many disabled people who depend on welfare benefits in order to survive.
The Government seem to support this principle in theory but not in practice. The Secretary of State’s statement that such legal aid should be available only on a “point of law” offers little in the way of practical help for disabled people appealing against incorrect welfare benefit decisions, the majority of which are then overturned on appeal. The difficulty is that it is completely unrealistic to assume that people with no legal knowledge whatever will be able to understand what a point of law is. I believe that many people will not even bring an appeal because they will not have the knowledge or the confidence to do so without legal advice.
The Government’s belief that their advice services fund is an adequate substitute for legal aid is groundless because it will not mitigate the cuts in legal aid. The fund was hugely oversubscribed, and in this financial year less than a third of the money has been allocated to organisations delivering advice on welfare benefits.
The Government have announced a further £20 million of funding for the next two years, and that is of course most welcome. However, this is likely to be spent plugging the gaps in generalist advice services caused by cuts to other funding sources, leaving specialist welfare benefits advice unfunded. Once legal aid cuts are introduced, the advice sector will lose at least £100 million a year, so the £20 million fund will make only a very small dent in this shortfall.
The inadequacy of the funding is exacerbated by the rising demand for services that most charities are facing. A recent survey carried out by Justice for All found that nearly 90 per cent of advice charities had more people coming to them for help in the last year, yet over 80 per cent of the same charities also predicted that, despite this increase in demand, they will be able to help many fewer people next year.
Discretionary funding is no alternative to retaining legal aid because it imposes no duty on the Government to fund specialist services and will guarantee nothing for advice agencies. Unless welfare benefit advice is retained within the scope of legal aid, it will limit access to justice and the right of people to enforce their freedoms.
The Department for Work and Pensions already reimburses the Ministry of Justice for the cost of running the tribunals, which was necessary after the huge increase in appeals caused by the introduction of employment and support allowance. It is unclear to me why this approach cannot be extended to cover the cost of independent advice to improve the effectiveness of these same tribunals.
We must do everything possible to protect the most vulnerable people in our society. I therefore urge the House to continue to press the Government to give more concrete assurances that disabled people will be able to access legal aid advice when appealing welfare benefit decisions.
Lord Howarth of Newport
On 17 April, the Lord Chancellor said to the House of Commons:
“There is no doubt that the present level of legal aid provision is on any measure unaffordably expensive ... Even after our reforms have been carried … we will still have by far the most costly legal aid system in the world. It is almost twice as expensive as that in any other country per head of population”.—[Official Report, Commons, 17/4/12; col. 217.]
The amendments that the other place addressed on 17 April concerned civil legal aid, and I would be grateful if the Minister would advise us as to which common law jurisdictions in other countries actually spend twice per head of population on civil legal aid that we do. I recognise that our expenditure on criminal legal aid is very high by international standards, but the Government have not chosen to reform criminal legal aid. We are dealing here with the reform of civil legal aid. I wonder whether what we are being asked to accept is based on a false premise. I very much doubt that it is correct that our expenditure on civil legal aid is so enormously out of line as the Lord Chancellor suggested. I am very willing to be corrected.
At all events, my noble friend Lord Bach ventured an estimate that the cost of the amendment that we are debating now might be some £15 million. Again, I ask the Minister whether he believes that, in the context of public expenditure of the order of £100 billion per year, the expenditure of £15 million to provide legal aid to support welfare benefit claimants in cases where there is real reason to doubt whether the assessment or the adjudication that has been made of their case is appropriate is unaffordable or disproportionate.
The Lord Chancellor last week in the House of Commons put the figure at £25 million, so £15 million or £25 million in relation to social security expenditure of £100 billion does not seem inordinately expensive. Yet, he said:
“we cannot afford provision in an area of relatively low priority”.—[Official Report, Commons, 17/4/12; col. 224.]
Is it appropriate to describe such an area of expenditure as a relatively low priority? We are dealing with cases of people in poverty. There would be no question of their being eligible for welfare benefits unless they were on low incomes. The risk for them, if they are not awarded benefit, is that they will be cast into abject poverty. For them, this is not a matter of relatively low priority, and nor should it be for us.
The ration that the Legal Services Commission offers of £160 in legal aid to support advice and assistance in welfare benefits cases at an early stage is by no means extravagant—indeed, it represents very good value for money—and may make all the difference to people who may be awarded legal aid or benefits from organisations funded by legal aid as to whether they can lead decent and proper lives, reconstruct their situations, support their families and live other than in poverty.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Doocey Excerpts(12 years, 8 months ago)
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Baroness Doocey
“Social welfare law (1) Civil legal services provided in respect of a social welfare decision relating to a benefit, allowance, payment, credit or pension under—
(a) the Social Security Contributions and Benefits Act 1992;(b) the Jobseekers Act 1995;(c) the State Pension Credit Act 2002;(d) the Tax Credits Act 2002;(e) the Welfare Reform Act 2007;(f) the Welfare Reform Act 2012; or(g) any other enactment relating to social security.(2) For the purposes of sub-paragraph (1), “civil legal services” includes independent advice and assistance for a review, or appeal to a first-tier tribunal, of such a decision.”
Baroness Doocey
This amendment is almost identical in scope to the one moved in the other place by the right honourable Member for Carshalton and Wallington, who is also chair of the Liberal Democrat policy committee on justice. It concerns the proposals in the Bill to remove legal aid for appeals against official decisions—
Baroness Garden of Frognal
I apologise to my noble friend but it is very difficult to hear what she is saying. I invite noble Lords to leave the Chamber quietly and not to walk in front of Members as they speak.
Baroness Doocey
The amendment concerns the proposals in the Bill to remove legal aid for appeals against official decisions about entitlement to welfare benefit. These proposals will seriously inhibit claimants’ access to justice, will not deliver the savings that the Government hope for and will create very serious problems for some of the most vulnerable people in our society.
The amendment is more modest in scope than the one that I proposed in Committee. It would retain legal aid only for people with complex welfare benefit issues, to help them to challenge government decisions by appeal to a First-tier Tribunal. It would not retain the provision for legal aid to help with more general tasks such as form-filling, nor would it go beyond what is currently available.
Nearly six out of every 10 cases which currently receive legal aid for welfare benefit issues involve either disabled people or families with seriously ill or disabled children. The Government consider that these cases have a low priority when compared to safety, liberty and homelessness, but some disability benefits provide or protect liberty, particularly in relation to mobility and maintaining independence, which are so important. These benefits are crucial to many disabled people; they provide just enough money for those people to avoid poverty and to make some small contribution to the additional costs resulting from their disability.
The importance of maintaining legal aid for claimants can be judged by the fact that in six out of every 10 successful appeals against employment support allowance decisions, the claimants were originally deemed to have no factors affecting their ability to work. The Government’s own equality impact assessment acknowledges that disabled people and individuals with specific disabilities are likely to experience a greater impact under some of these changes. The decision to press ahead with the proposals despite that assessment sends a very confused message to the disabled people that the Government have promised to protect.
Legal aid for welfare benefits costs about £25 million a year. Limiting advice to reviews and appeals, as proposed in the amendment, would save £8.5 million, which would reduce the total cost to £16.5 million a year, which is less than 1 per cent of the legal aid budget—but, crucially, it would help 100,000 people. If claimants are denied legal aid to appeal against wrong decisions, their situation will get worse, intervention at a later stage will cost much more and there will be a knock-on cost for other public services.
We are also likely to see a much greater backlog of tribunal cases because panels will be faced with clients who are unable to put together a coherent case because of their lack of welfare benefit knowledge. Tribunals were designed to be informal, inexpensive and accessible but for large numbers of people the very thought of attending a tribunal can be very intimidating. How can the Government seriously expect people with no legal knowledge to be able to negotiate the complex nature of welfare benefit law and to have the expertise needed to be able to decipher more than 9,000 pages of advice from the Department for Work and Pensions? These people are going to have major problems mounting an appeal because they will have no idea what to appeal against. As Judge Robert Martin said:
“If the tribunal is not supplied with the best evidence, the quality of justice is likely to suffer”.
To make matters worse, the Bill is being proposed at a time when the Government are carrying out one of the most substantial reforms of the welfare system in a generation. This will almost certainly result in a huge number of mistakes and a similar increase in the need for appeals.
Surely our overriding duty in this House is to protect those people who are unable to protect themselves. The consequences of wrong decisions for disability benefit claimants can be catastrophic. This amendment would allow some of the most vulnerable people in our society to fight for the benefits to which they are entitled. I commend it to the House, and I beg to move.
Baroness Doocey
My Lords, first, I thank all noble Lords from every section of this House for their superb contributions tonight. I feel totally inadequate to sum up, but nevertheless I shall try.
It is very welcome that the Government are going to make additional funding available for the not-for-profit sector. However, noble Lords should take note that the loss of legal aid will mean that the not-for-profit sector will lose £51 million per year. Of that, the CAB’s element would be £20 million a year. I find it difficult to believe that whatever the Government can do to ease that burden it will be anything like adequate in order to make up the shortfall.
I paint a scenario. If, for example, the citizens advice bureaux were to get about half the funding that they are getting at the moment from legal aid, what would they do when people come in, desperate for help and advice? Do they say, “We put your name in a hat”, “We have a lottery”, or, “Only every second person who comes in can get legal advice.”? Frankly, it just will not work.
I am very concerned that my noble friend the Minister has not given me any hope at all on any of these issues. He said that the amendment would dismantle the central architecture of the Bill. I must tell noble Lords that, if that is the case, that is what should happen because the Bill will seriously inhibits claimants’ access to justice.
I am very disappointed with the Minister’s response. Like the noble Lord, Lord Newton, and I am sure everyone else, I would love the other place to think again about these issues, and I feel that I have absolutely no choice but to test the opinion of the House.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Doocey Excerpts(12 years, 9 months ago)
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Baroness Doocey
“Social welfareCivil legal services provided in relation to a benefit, allowance, payment, credit or pension under—
(a) the Social Security Contributions and Benefits Act 1992,(b) the Jobseekers Act 1995,(c) the State Pension Credit Act 2002,(d) the Tax Credits Act 2002,(e) the Welfare Reform Act 2007,(f) the Welfare Reform Act 2011, or(g) any other enactment relating to social security.”
Baroness Doocey
My Lords, I should like also to speak to Amendments 35 and 89. These amendments relate to the ability of claimants, the majority of whom are disabled, to appeal against decisions on their entitlement to welfare benefits. The intention behind these amendments is to protect some of the most vulnerable people in our society. The Bill as it stands would remove social welfare cases from the scope of legal aid, which would have an adverse and disproportionate impact on disabled people in particular, and would leave them unable effectively to challenge decisions when they are let down by the system.
Legal aid is currently available to assist individuals with a range of welfare benefit issues, from navigating complex benefit administration to reviewing and appealing against official decisions. When appealing against such decisions, advice is available to clients before appeal and tribunal, but legal aid does not cover legal representation—and there is no suggestion that it should. A number of noble Lords have already made the point that the welfare benefits system is complex, and more than half the welfare benefit assistance that is funded through legal aid relates to disabled people. However, despite the best efforts of all involved in a claimant’s initial application, mistakes are frequently made, and these are well documented.
The need for such legal aid is best demonstrated by the fact that nearly 40 per cent of all appeals against work capability assessment decisions are upheld. In addition, between October 2008 and February 2010—a period of just 17 months—60 per cent of disabled people who appealed were eventually found to qualify for employment and support allowance, even though they had initially been assessed as having no factors that would affect their ability to work. The proposals in the Bill would, every year, deny specialist legal advice for complex welfare problems to more than 130,000 people, of whom nearly 80,000 are disabled. Without legal aid, the ability of people to appeal against a decision would be undermined because the rules for benefit eligibility are extremely difficult to understand.
To give just one example, the complexity of the extensive legal precedents determining the criteria for being classed as virtually unable to walk make professional legal advice vital for anyone even thinking of appealing against a welfare benefit decision. We all recognise the need to make economies but the Government’s own impact assessment puts the spending on legal aid for welfare benefits at just £25 million, compared to a total legal aid budget of £2 billion. This is a relatively minor saving but it would have a major effect on large numbers of vulnerable people who need help with appealing when mistakes have been made about their entitlement to benefits. I also argue that failure to provide timely legal advice to assist disabled people who are put on the wrong benefit is a false economy that will almost certainly result in additional demands being placed on services such as the NHS, rather than delivering the savings that the Government are hoping for.
To make matters worse, the Bill is being considered at the same time that the Government are undertaking a dramatic overhaul of the welfare benefits system. With a reform on this scale, there will be a new and unfamiliar set of complexities to navigate through for both claimants and officials. During the transition, there is bound to be an increase in the number of inaccurate benefit decisions made and a consequent need for legal advice to challenge these.
I share the Government’s desire to reduce the number of appeals against decisions, but this reduction must not happen because the loss of legal aid prevents disabled people from challenging decisions. I therefore commend these amendments to the Committee as a means of securing justice for some of the most vulnerable people in our society whose needs are constantly overlooked. I beg to move.
Lord Wigley
My Lords, I strongly support the amendments so ably moved and spoken to by the noble Baroness, Lady Doocey. I recall her impressive speech on these matters at Second Reading. Some of us sat through 17 sessions of the Welfare Reform Bill in Committee and, in session after session, we came across the potential loss of important and valuable benefits on which many vulnerable disabled people depend.
Some of the changes will not be easily understood, and some will be seen as depriving this cohort of people of essential resources that would at least compensate for their disability or enable them to live with it. When they lose or are in danger of losing such benefits there will clearly be a strong feeling that they have been badly treated. If there is any dubiety in law with regard to the way in which they are losing, they will want to challenge that.
I put it to noble Lords that to introduce these two pieces of legislation simultaneously—tonight we are dealing with the legal aid Bill; tomorrow we are back to the Welfare Reform Bill on Report; and on Wednesday we are back to legal aid—given the combined effect that they may have for disabled people, is absolutely wrong. There should at the very least be a facility for those who may be deprived of benefits which are so important to them to challenge that in law during the opening period of the implementation of the Welfare Reform Bill. If, in due course, when things settle down, there is a need to change things, all well and good, but I remind noble Lords that the degree of benefit fraud in the context of disability is minimal. Therefore, it is a question of depriving people of resources to which they have been entitled, the loss of which will make a significant difference to their lives.
The Government should seriously look again at the cost implied by the amendment and the implications of the legislation to find a way in which disabled people and other vulnerable people affected by the Bill can at least have the basic right to challenge it in court.
Lord McNally
That is not my best point. The best point is that we are having, supposedly, a national debate about welfare dependency and welfare reform. It may be a bit unsettling that a number of reforms are taking place at the same time, but my understanding is that the welfare reforms before this House are attempting to simplify a much overcomplicated process and that that had the broad support of the Opposition. I do not think we are going to win this argument, some of which we will return to.
Amendment 35 seeks to bring into scope legal aid for advice and assistance for appeals to the First-tier Social Entitlement Chamber in respect of welfare benefits that are payable under social security legislation as a result of disability. The intention of the amendment appears to be for legal help and representation to be provided for welfare benefit appeals in the First-tier Tribunal for those with disabilities. Currently, legal aid is available for legal advice only in relation to decisions on welfare benefits in the First-tier Tribunal. Legally aided representation is not available for tribunal hearings because they are designed, as has been said, to be user-friendly without the need for legal representation. Therefore, we believe that this amendment would increase the cost of legal aid by expanding it into areas where it is not currently available.
We recognise that this amendment is concerned about the impact on those with disabilities who are appealing to the tribunal. While we recognise that those with disabilities may face additional obstacles, the tribunal is a relatively informal venue. The tribunal itself will comprise a medical practitioner and a disability expert as well as a tribunal judge when considering disability living allowance appeals. Given this and the need to prioritise funding, we have decided to remove legal advice for welfare benefits from the scope of the legal aid scheme. I hope that my noble friend will withdraw her amendment.
Baroness Doocey
My Lords, I am grateful to all noble Lords for their support on these amendments.
I have listened very carefully to what the Minister has said and I cannot pretend I am not disappointed by the response. There is no doubt that we need to get a higher proportion of benefit decisions right the first time round but I have not seen anything to convince me that this is going to happen any time soon.
Huge numbers of mistakes are made in decisions on benefit, and these have catastrophic effects, not just on the person trying to claim the benefit, but on their entire family.
I will give you one example. Somebody that I have known for 30 years has incredibly complex problems with her back following an accident. She had worked all her life, and was forced to claim benefit. She is so badly damaged, having had multiple operations, that she is incapable of standing for more than three minutes at a time. She spends the majority of her life lying down to take the pressure off her back, and is on incredible amounts of medication. Initially she was assessed as having no problems whatever, and that she could work. While she is a highly articulate person, she is terrified of authority, and so without being pushed by a number of us, and having recourse to legal aid, because she had no money at all, she could never have appealed that decision, which was clearly absolutely wrong.
I therefore really worry about what is going to happen if this goes through. I really hope that the Minister will reflect again and consider bringing back some hope at Report stage. Meanwhile, I beg leave to withdraw my amendment.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Doocey Excerpts(12 years, 11 months ago)
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Baroness Doocey
My Lords, I wish to focus on the impact that the proposed changes to legal aid provision will have on people claiming disability benefits. The welfare benefits system is complex and, despite the best efforts of all involved in a claimant's initial application, mistakes are frequently made. More than half of all welfare benefits funded through legal aid relate to disabled people, and the legal aid system enables them to challenge decisions made about their lives and their income.
To pursue an appeal, a claimant must have at the very least a working knowledge of the rules for benefit eligibility, which are set out in a range of different regulations. The complexity of the extensive legal precedents determining the criteria for being,
“virtually unable to walk”,
is just one example where professional legal advice is invaluable to anyone appealing against a welfare benefit decision.
The recent report published by the disability charity Scope, Legal Aid in Welfare: The Tool We Can’t Afford to Lose, explains the challenges for claimants negotiating the complex appeal process unaided. The report notes that, between October 2008 and February 2010, of the 60 per cent of appeals in which disabled people were eventually successful in receiving employment and support allowance, the claimants initially had been deemed to have no factors affecting their ability to work. This underlines the importance of disabled people being able to have the tools necessary to appeal benefit decisions and get the right level of support.
Quite apart from the difficulties that the Government’s proposals would create for disabled people, I fear that the Government are making a rod for their own back. Central to the welfare reform programme is the desire to get more decisions right the first time round, reducing the necessity for a large number of appeals. Currently, 40 per cent of cases taken to appeal in relation to employment and support allowance decisions are upheld, so the Government's aim is laudable. However, the benefits system will remain complicated for large numbers of disabled people as well as for Department for Work and Pensions decision-makers; and incorrect decisions are likely to continue to be made relating to the benefits and support received by disabled people. Indeed, in the words of the Employment Minister overseeing the Welfare Reform Bill:
“There will always be decisions that we get wrong the first time round, however hard we try to perfect the system”.
It is worth noting the ambitious scale of the Government’s welfare reforms. The replacement of disability living allowance with the new personal independence payment will affect 3.2 million disabled people. The migration of disabled people from incapacity benefit to employment support allowance or jobseeker’s allowance will affect 1.8 million people, and the transition to universal credit during 2013-17 will affect a reported 12 million people.
When employment support allowance was introduced in 2008, there was a fourfold increase in appeals in the first year and nearly 200,000 appeals in the second year. So with a reform on this scale it is almost inevitable that there will be an increase in the number of inaccurate benefit decisions and that disabled people will need legal advice to challenge these. I share the Government’s desire to reduce the number of appeals against welfare decisions. However, this reduction must not happen because the loss of legal aid prevents disabled people challenging decisions.
I also have serious concerns about the impact that withdrawing welfare benefits from the scope of legal aid will have on the tribunal system. It is almost inevitable that the number of litigants who appear in front of a tribunal without receiving proper legal advice will increase, as will the backlog of cases facing the system itself. Legal aid undoubtedly helps individuals to navigate the tribunal system. Relating medical evidence to conditions of entitlement can be technical and beyond the understanding of most people without legal advice. I would also suggest that legal aid provides excellent value for money when compared with the cost of a tribunal panel, which is nearly twice as much as the fixed fee per case for legal aid.
The Government want to get more disabled people into the workplace so that they can lead increasingly independent lives. It is therefore essential for disabled people to receive tailored, appropriate support in order to help those who can get into employment. If disabled people are placed on incorrect benefits as a result of an incorrect decision that they cannot effectively challenge, they will not be able to access this support. I will give an example. An individual who is wrongly placed on jobseeker’s allowance, who should be receiving employment support allowance, will not have access to the specialised work programme or work choice that would support them into employment. Without this support, it is likely that such an individual would be unable to find work and would remain on jobseeker’s allowance for a longer period of time, perhaps even incurring sanctions. Indeed, the Government’s own research shows that many disabled people find the support provided by disability living allowance vital in ensuring that they can stay in employment and close to the labour market.
Without legal aid to allow disabled people to challenge incorrect decisions effectively, it is inevitable that more disabled people will find themselves further from the workplace, receiving incorrect benefit awards or lacking support to find employment, and therefore the Government’s intention to get more disabled people into employment will be undermined. It is my intention to return to this issue when we reach the Committee stage.
Youth Crime and Anti-social Behaviour
Baroness Doocey Excerpts(13 years, 7 months ago)
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Baroness Doocey
My Lords, I declare an interest as a member of the Metropolitan Police Authority. I endorse the comments of my noble friend Lord Dholakia and agree wholeheartedly with the points made by the noble Lords, Lord Judd and Lord Imbert, about the importance of family. It is crucial. Sadly, however, the only family that many of our young people have ever known is the gang culture. We need to understand that it is very unusual for a lot of children, strange as it seems, to have even one parent who is looking out for them. They have no choice but to live by the rules of the gang, and in my work for the Metropolitan Police Authority, I have seen some of the most horrendous things, such as children being made to hide guns because they were not currently on a police list. It is easy to get into a situation whereby you have almost no way out. I very much welcome the fact that this report sets out a clear and rational strategy for dealing with youth crime and anti-social behaviour.
The commission has built its central recommendations on reform of the three pillars, which are prevention, restoration and integration. Like the noble Lord, Lord Dholakia, I shall highlight the prevention and integration elements. The key principle is that prevention is better than cure. I think that everyone agrees with that. Keeping people in prison is expensive but we must recognise that we do not live in a perfect world and there will always be a need for prisons. We need to reduce the likelihood of reoffending and re-imprisonment. A key element of rehabilitation and rehabilitating offenders is to get them into work so that they can earn a living and integrate into mainstream society. Earlier this year, I drew your Lordships’ attention to the successful reforms introduced at Feltham Young Offender Institution in west London. The prisons regime includes education, workshops and vocational training, and in 2009 a pilot scheme called Project Daedalus was launched. The project aims to break the cycle of youth reoffending through intensive support. It really is intensive support—it begins inside custody and continues for the whole time the person is in prison, and during their release in the community.
In the wing in Feltham where this pilot is taking place, the reoffending rate has dropped to just over 18 per cent compared with a national average for juvenile reoffending of 78 per cent—a substantial drop. In addition, security incidents in the unit are 90 per cent lower than in other units in Feltham. The project is such a success that it will be rolled out to other young offender institutions. There is no question that such projects cost money—a lot of money—to implement, and at a time when the Government have to make cuts in public expenditure there is a real temptation to say that we cannot afford it. That would be a serious false economy because programmes to reduce reoffending, although they cost money, represent money well spent. It is estimated that for every £1 that the Government spend, they will save at least £20 later. It is certainly a false economy not to spend the money now because it costs so much more to imprison young offenders, not to mention the costs imposed on society by crime, such as police time and court proceedings. The high rates of reoffending also impose costs that cannot easily be quantified—diminishing people’s quality of life and reducing public confidence in the police and the justice system.
Of course getting young offenders into the labour market is not the only way to reduce reoffending, nor is it the only means of rehabilitation, but it is an important way of tackling the problem. We are all subject, almost daily, to a relentless tabloid-driven campaign that focuses only on the punitive aspects of combating crime. It is natural for people who have suffered the effects of crime to have strong emotions but we must resist the temptation to reject the rational in favour of the emotional. It is the Government’s responsibility to act rationally and support programmes that are proven to reduce reoffending.
A debate a couple of days ago on the future of the Youth Justice Board suggested that there is strong cross-party support for measures that succeed in reducing youth crime. In conclusion, to what extent will the Government adopt and take forward the recommendations of the report of the independent commission, given the report’s self-evident wisdom?
Rehabilitation of Offenders (Amendment) Bill [HL]
Baroness Doocey Excerpts(13 years, 9 months ago)
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Baroness Doocey
My Lords, I also begin by saying that it is such an honour and privilege to make my first speech in your Lordships’ House. I feel that I have been here months rather than just a couple of weeks, but that is perhaps to do with the hours that the House has been sitting. I would like to say a particular thank you to my dear friends and sponsors, my noble friends Lady Harris of Richmond and Lord Oakeshott of Seagrove Bay. I also thank all the Members on every side of the House who have made me feel so very welcome since I arrived. I also thank all the wonderful, outstanding staff who could not have been more helpful.
I come to the House with a varied background. I have been a finance director. I have managed an international fashion company and have been a management consultant. My political experience includes eight years as a councillor in the London Borough of Richmond-upon-Thames, where I chaired the housing committee. Since 2004, I have been a Member of the London Assembly and I currently serve as its chair. My duties on the Assembly include membership of the Metropolitan Police Authority and serving as a member of the Home Office’s Olympic Security Board.
I congratulate my noble friend Lord Dholakia on introducing his Private Member's Bill to amend the Rehabilitation of Offenders Act. The Bill recognises that getting ex-offenders back into the labour market is a key element of rehabilitation. Like other noble Lords who have already spoken I, too, would like to confine my remarks to juvenile offenders.
I shall always remember my first visit to Feltham young offender institution in west London. It is just a few yards from where I live. I was both shocked and deeply saddened by the acceptance of the offenders that they would never escape the cycle of crime. It was almost as if they thought that that was their lot in life. Many of them had really harrowing stories to tell about their upbringing. As someone who grew up in a deprived community in Ireland, I found it very easy to understand the issues. However, I was very lucky. I had the love and support of a close-knit family, something that most of these young men had never known.
Your Lordships may be aware that Feltham was the subject of controversy several years ago, with reports of violent assaults and allegations of racism; but significant progress has been made, and Feltham has been praised for its effective reception and induction facilities, the outreach team that deals with self-harm issues, and the measures in place to deal with race relations issues.
I should like to pay particular tribute to the innovative work that the Mayor of London and the London Metropolitan Police Authority have done in Feltham. In 2009, a pilot scheme called the London Reducing Reoffending Programme was launched, better known as Project Daedalus. This project aims to break the cycle of youth reoffending through intensive support which begins inside custody and continues beyond the prison gates after release into the community. The target group for the project is young men aged 17 to 19 who are subject to a detention and training order and who are from one of six London boroughs. These young offenders have also been assessed as motivated to address their offending behaviour, a crucial element in resettlement.
To date, 43 young people have been placed in the unit, with 24 of them subsequently released into the community. It is still early days but the initial signs have been very positive indeed. The rate of reoffending has been reduced to less than 20 per cent, which compares to a national average of juvenile reoffending of 78 per cent. In addition, security incidents in this unit are 90 per cent lower than in other units in Feltham. The success of this project is such that similar projects are being rolled out to other young offender institutions and I hope that the money will be found to continue this excellent scheme.
However, that is not the only good work being done in London. I should like to pay particular tribute to other schemes that help prevent young people offending in the first place, in particular the superb work being done by Decima Francis of the From Boyhood to Manhood Foundation and Camila Batmanghelidjh of Kids Company. Both of these truly remarkable women do extraordinary work providing help and support to some of the most vulnerable young people in our society.
However, the good work being done at Feltham and elsewhere in London will be undermined if unnecessary barriers to ex-offenders entering the labour market are not removed. Fortunately, government policy is moving in the right direction. The Green Paper on the criminal justice system published last month states:
“The … way to improve public safety and reduce the number of victims is to reform offenders to reduce reoffending”.
I am delighted that Project Daedalus is singled out for praise in the Green Paper.
It is essential that we do much more to rehabilitate young offenders, in particular by training and equipping them to enter the labour market and by removing discriminatory barriers to employment. Of course this is not the complete solution to the problem of crime and reoffending, but it is vital if we are to break the cycle of reoffending which a policy of imprisoning offenders without rehabilitation does absolutely nothing to address. Those and many other issues are some of the things that I look forward to pursuing in your Lordships’ House.