Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Kennedy of Shaws and Lord McNally

Tuesday 10th January 2012 Lords Chamber

[Baroness Kennedy of The Shaws]

I am sorry to interrupt. On the issue of the assumption that experts will cluster in London rather than elsewhere, the experience, particularly in the medical field, is that—after, for example, the “sudden infant death” debacle and miscarriages of justice, and due to the feeling that there has been considerable criticism of paediatricians or pathologists over matters involving children—there is now real reluctance among people to be experts. It is not that there is a plethora of experts around; in fact, the opposite is the case. It is very hard to get medical people to come forward as experts in the courts because they do not want to have that kind of exposure. They also find that they are not paid enough money to make doing so worth cutting into their professional time. There is a misunderstanding about the availability of experts, particularly in the medical field.

My point about domestic violence is that in family cases, where on the whole there will not be legal aid, if someone is claiming that they have been a victim of domestic violence then they will be able to claim legal aid, but often there will be an argument over whether indeed there has been domestic violence. It is experts who often can resolve that. Will there be legal aid available to help to resolve the issue of domestic violence in order to enable access to legal aid?

[Lord McNally]

I do not think that I can give that assurance. The more that this goes on, the more that one can see why the Government are reluctant to accept an amendment that would impose a kind of impossibilism on the Lord Chancellor. We are working our way carefully with the LSC to a system that we think reflects the position. I hear what the noble Baroness is saying about the availability of expert witnesses. This is not the conclusion to which my right honourable and learned friend the Lord Chancellor has come; he thinks that this structure will provide the necessary experts. The more that we hear these examples given, the more I believe that the idea that legal aid or public funds can fund the whole range of expertise that the noble Baroness was suggesting is dangerous and one that I cannot possibly support from the Dispatch Box. I think that we will see some of the worst-case scenarios but we have confidence that the system we are setting up will carry on some of the procedures and reforms set in place by the previous Administration, and that it reflects an effective way of using public money. Therefore, accordingly, I ask the noble Lord to withdraw the amendment.

Justice: Judicial Appointments

Debate between Baroness Kennedy of Shaws and Lord McNally

Thursday 17th March 2011 Lords Chamber

[Lord McNally]

My noble friend makes a correct assessment of the figures for judicial appointments. The meeting last Monday was my first with the diversity group, and I made it very clear that as far as I am concerned, the concept of trickle-up is not a response to the diversity problem that we face in the judiciary.

[Baroness Kennedy of The Shaws]

My Lords—

--- Later in debate ---

[Baroness Kennedy of The Shaws]

Given the nature of the issue, I think that giving way was appropriate.

I remember that when I started at the Bar there were sets of chambers that used to say, “We don't take women”. We then made a great advance where chambers would say, “Women? We've got one”. We now have one woman in the Supreme Court. That has been the situation for seven years. It is not good enough. What is being done? There are four wonderful women in the Court of Appeal. Why is not one of them, such as Dame Mary Arden, being promoted to our Supreme Court?

[Lord McNally]

My Lords, I understand that there are two imminent vacancies to the Supreme Court. I am sure that everyone will be watching as to what happens with those appointments. The noble Baroness touches on another point. The professions themselves— the Bar, the Bar Council, the Law Society and their members—should show leadership in encouraging more women into the legal profession.

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Kennedy of Shaws and Lord McNally

Tuesday 16th November 2010 Lords Chamber

[Lord McNally]

Oh, you have all turned out—but we shall get later to what this Bill is really about and what you are really afraid of. It is about fairness. I did not hear any discussion of fairness when the Labour Government were elected by 36 per cent of the vote in 2005.

[Baroness Kennedy of The Shaws]

The noble Lord most certainly did hear that in the course of this debate from these Benches. But it was also pointed out that, although there was unfairness, there was a possibility that this Bill might add to that unfairness because it is so ill considered.

[Lord McNally]

The Bill is being considered, and considered on the basis of fairness. I know that the noble Baroness is often a lone voice on those Benches. My point, which is central to the issue of first past the post, is whether we are to continue to have the kind of distortion that produces majorities of 66 on 36 per cent and then no majority at all on 36 per cent. With those kinds of distortions with first past the post, the rot sets into people’s respect for the electoral system.

Legal Aid and Civil Costs Reform

Debate between Baroness Kennedy of Shaws and Lord McNally

Monday 15th November 2010 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, first, are the Government aware that the greatest advances in the development of law happen in legal aid cases? By diminishing legal aid, you end up undermining law as a whole. Secondly, family law has already suffered cuts, and we are seeing legal aid deserts in certain parts of the country. Women, for example, are not getting the kind of expert help that they need in cases of domestic violence. Thirdly, if the Ministry of Justice is concerned to look at spending on legal matters, has consideration been given to the money paid to lawyers by government, not as legal aid money but money paid by government departments to lawyers at the market rate, which is often excessive? Perhaps we should do something to drive those costs down instead of limiting access to the law by the poor.

[Lord McNally]

My Lords, my noble friend Lord Strathclyde is encouraging me to cheap populism by agreeing that we should drive down the cost of legal advice to government. Legal costs in general are certainly being looked at. I can reassure the noble Baroness that in the key areas of family law, which I referred to as domestic violence and child protection, legal aid will be retained.

On the breakdown of the savings, I have a slip of paper that says that the aim is roughly to try to find £100 million savings on criminal aid and £250 million on the civil side.

On the Statement’s intention, I can say to the noble Baroness only that, against the financial constraints that we face and a general agreement that legal aid needed recalibrating, we have tried to take some tough decisions in a way that protects the vulnerable and retains the core sense of our system: that all have a right to access to justice.

Prisoners: Voting

Debate between Baroness Kennedy of Shaws and Lord McNally

Monday 18th October 2010 Lords Chamber

[Lord McNally]

I agree with my noble friend that there are people who believe passionately that the removal of the vote is a proper sanction for someone who has committed a crime that justifies a prison sentence. There are also people—the noble Lord, Lord Ramsbotham, is one—who see the granting of the vote to a certain category of prisoner as being a useful way of rehabilitating them into society. Both views are perfectly respectable. The Government are considering both views and will make their decision in due course.

[Baroness Kennedy of The Shaws]

My Lords, I remind the Minister—

--- Later in debate ---

[Baroness Kennedy of The Shaws]

It is a question. I remind the Minister of the view taken by David Howarth when he was the Liberal Democrat justice spokesman. He said:

“It is unacceptable for the government to pick and choose which human rights treaty obligations it fulfils just because it feels the issue is unpopular”.

Is this another fault line within the coalition and one of the areas where the Government want to remain silent? It is important that we hear clearly from the Government—and soon—what is intended with regard to an order that was made about the civic rights of prisoners. What does the Minister have to say about whether there is a fault line here?

[Lord McNally]

I can absolutely assure the noble Baroness that no such fault line exists. As I have explained already, over a period of five months we have been looking at the situation and listening to various points of view. There is a Council of Ministers meeting on 30 November and we will update that council meeting in due course. We have not been unduly laggard in looking at the issue and, as I have said, the work is continuing.