Legal Aid: Social Welfare Law

Debate between Baroness Hollis of Heigham and Lord Faulks

Monday 7th July 2014 Lords Chamber

[Lord Faulks]

My Lords, as I said in response to the debate, it was a valuable contribution. The LASPO reforms were implemented only in April 2013; it is relatively early days. We are considering carefully the effects of these reforms. We have not ruled out the possibility of further changes but, at the moment, the various steps we are taking are helping to ensure that those who need representation are receiving it.

[Baroness Hollis of Heigham (Lab)]

My Lords, with regard to DLA, is the Minister aware that if an appellant submits a paper hearing there is something like a 20% success rate, if the disabled person attends there is something like a 40% success rate at tribunal, but if they have legal advice, there is something like a 60% success rate? Does this not mean, in all fairness, that legal advice denied is justice denied?

[Lord Faulks]

My Lords, I obviously cannot comment on individual cases. It may be that cases with lawyers proceed only if lawyers have advised that there are reasonable prospects of success. As to those cases which fail, I do not accept that the tribunals are not able to do justice in the absence of lawyers. Most of the tribunal members are extremely well trained. They are capable of eliciting the facts. Simply to say that there cannot be justice without lawyers is, with respect, simplistic.