Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Mallalieu and Lord Thomas of Gresford

Tuesday 24th January 2012 Lords Chamber

[Lord Thomas of Gresford]

My Lords, this is an extremely important amendment, which I hope that the Government will accept. The other side of the coin when legal aid is taken away, particularly in the area of social welfare law, is that there must be some provision for advice to people who require it in that field—in others as well, but certainly for those concerned with welfare benefits and the like.

In this country, a huge amount of work is done, a lot on a voluntary basis, by citizens advice bureaux, law centres and other not-for-profit advice and support agencies. I want an assurance from the Minister that those organisations will fill the gap, that they will be properly funded and put on a secure footing for the foreseeable future to provide the advice that is clearly needed in those areas. Consequently, my Amendment 99 is to give the Lord Chancellor power to,

“make funding available for the obtaining of civil legal services on matters not included in Schedule 1 where it appears to the Lord Chancellor that the provision of such services would promote efficiency, the saving of costs or the attainment of justice”.

What I have specifically in mind is the funding of law centres, citizens advice bureaux and not-for-profit advice and support agencies.

I know that the Government have committed some £20 million for the support of Citizens Advice, but I understand that to be on a one-off basis. At the same time, we receive information that the Cabinet Office is working on schemes to provide some permanent support in this area. Citizens Advice has two sides: a side dealing with general matters, normally done by volunteers, and a side dealing with specialist matters. The specialist advice in Citizens Advice comes from generally qualified lawyers who are funded precisely by the legal aid that is about to be withdrawn if Schedule 1 to the Bill finally goes through. That is the focus. What will happen? Will people be left to stumble around in this incredibly complex area of social welfare law? Will they have any guidance and help when it comes to the new provisions that are being introduced under the Welfare Reform Bill, or what? That is what I want to hear from the Minister tonight. I beg to move.

[Baroness Mallalieu]

My Lords, I support this amendment as far as it goes. We are all worried about who will fund organisations such as law centres, which at present are largely reliant on legal aid. Clearly, many of them will go under if there is not some alternative form of funding. What troubles me about the amendment in its present form is that there is absolutely no break on the way in which this Lord Chancellor—or a future Lord Chancellor—may choose to hand out the money. I should like some requirement on him to consult and some way of knowing that a distant Lord Chancellor—of course, not the present one—could not operate for reasons of political expediency, or simply on a whim to withdraw funding from an organisation which, for example, might be involved in action against the Government. Although I welcome the amendment in its present form, I think that it needs more added to it.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Mallalieu and Lord Thomas of Gresford

Monday 16th January 2012 Lords Chamber

[Baroness Mallalieu]

My Lords, I wonder what on earth could, in fact, be a valid reason for objecting to the spirit of the amendments in this group, in particular the one proposed by the noble Lord, Lord Faulks. If, as I fear, some parts of the Bill remain unchanged by amendment and legal aid is withdrawn from some areas, it is almost certain that it will be shown in due course that legal of aid was essential for the smooth running of our benefits systems, our legal system and our society. I suspect that there will be a public sense of unfairness when the extent of the proposed cuts is more widely known. I suspect that at that stage there may need to be, as others have already said, some rapid amendment to the existing system.

Who knows whether our economy may once again prosper? Further money may be available to spend, not just on more lavish opening ceremonies for the Olympics, royal yachts or high-speed railways but on the needs of people who are poor and disadvantaged. It is surely not beyond the bounds of possibility, as history has often shown, that a new field of law will develop rapidly and that legal aid will need to be extended to a different category that has not been anticipated to require it. Flexibility, as others have said, so that further primary legislation, which is costly and time consuming and inevitably involves considerable delay, can be avoided, ought surely to be embraced by the Minister with enthusiasm. I look forward to seeing it in a moment.

[Lord Thomas of Gresford]

My Lords, the problem for many lawyers is that we so often look into the past. Common lawyers in particular try to piece together what has happened before. Consequently, we tend always to look for evidence to support our interpretation of events. I certainly share that problem, but I have also had some experience of running an independent local radio company. During that time I realised the great difference between businesspeople and lawyers. Businesspeople have to take decisions about the future, and they can do that only on limited information.

In this instance, the Government have had to take a decision; it has been forced upon them. To adopt a phrase first used by the noble Lord, Lord Elystan-Morgan, 50 years ago, “The Visigoths were at the gates”. It was therefore necessary to decide how best we can cut the deficit and how, in this instance, legal aid should share that burden. This is an issue which I think I raised with Ministers before the Bill came here—I certainly referred to it in my Second Reading speech—and I have had further discussions since. When taking decisions about the future, one has to have flexibility when the future happens. One has to be able to adopt what was decided at one moment in accordance with experience.

This is an instance of that. Some of the prognostications that we have heard from the lawyers around this place—and there have been a lot of “mays” and “what is likely to happen” and so on from lawyers—might happen in the future, in which case the provision of legal aid will have to change. The changes might be positive and legal aid granted more widely. It is therefore essential that the Lord Chancellor has the power to add back into the scope of legal aid matters that prove not to be profitable in the way that the Bill envisages. There are not the alternatives that the Minister speaks of for dealing with various legal issues and the very important question of access to justice. That is why I am speaking to Amendment 25 in my name. This is a very positive way in which the Minister can demonstrate that the Government will be flexible in this area, will listen to the concerns that are voiced in the Chamber and will adapt the Bill accordingly.