Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Prashar and Lord Howarth of Newport

Monday 5th March 2012 Lords Chamber

[Baroness Prashar]

My Lords, I support this amendment, which was so ably moved by the noble Lord, Lord Bach. He moved it in a very rational and considered manner. Therefore, there is not much that I wish to add, other than to say that the Government justified the cuts to legal aid in Part 1 on two grounds: savings to the public purse and the fact that these changes can be made without seriously damaging access to justice for the most vulnerable. However, we have heard a great deal from a range of organisations which say that the impact on the most vulnerable will be enormous. We do not know what the impact will be on courts, local authorities and a range of other agencies.

As far as can be ascertained, neither premise is based on firm evidence. The MoJ itself acknowledges that it is speculating on the likely effects of its proposals. What about evidence-based policy-making? Therefore, I urge the Government to undertake this comprehensive assessment of the impact of the Bill before it is implemented. Essentially, it is not just common sense but good practice and good planning. As has already been indicated, it will not stop the Bill but it will ensure proper planning and that the Bill is implemented with the knowledge of what the likely impact will be.

[Lord Howarth of Newport]

My Lords, I wonder whether the Minister could tell us a little more about when the Government anticipate commencement. What is the timescale on which they propose to introduce these changes? Unless I fail to remember, we have not been advised of that. It will take a little time to introduce these changes and we are in a period of economic troubles. An upheaval on this scale—reforms with such far-reaching implications, introduced in the circumstances of the British economy, with the consequential stresses and strains on our society—needs to be handled with delicacy and care. It would be consistent with the principles of good administration, which the noble and learned Lord, Lord Wallace of Tankerness, mentioned in our previous debate, for the Government to pause and consider again what the consequences of their policies may prove to be before they go to the final stage and introduce these changes.

The noble and learned Lord, Lord Wallace of Tankerness, invited us to accept that principles of good administration mean that guidance and direction should be kept continuously under review. I am not entirely persuaded by that. There is often a case for allowing people on the front line—the providers and administrators of public service—to have a period of policy stability and be able to get on with doing their job. However, that assumes that we have come to the point at which it is appropriate to introduce the policy changes. Thereafter, I am rather in favour of allowing officials and civil servants to get on unmolested and do their job, at least for a period.

It is not only a period of intense economic difficulty but one of major policy and administrative upheaval in which the Government contemplate introducing these changes to the system of legal aid. There will of course be reforms to the welfare system. If we look at the categories that my noble friend Lord Bach has specified in proposed new subsection (1)(a) of his amendment, we see a series of categories of people who will be affected by the changes in welfare policy. On children and young people, the House does not need me to emphasise the importance of taking the greatest care to ensure that we do not place them in such a perfect storm of change that they are at risk of unnecessary instability or, one might say, unnecessary trauma.

For people with disabilities, it is not only the reform of the welfare system—the switch from disability living allowance to personal independence payment—and the constraints on their benefits that the Government are introducing that are at issue here, but the reforms to the health service. Surely we all accept that people with learning, physical, mental and psychological disabilities warrant our very particular, prudent and humane care as policy change is introduced. Again, it would be fitting for the Government to pause and review all the circumstances that their policy and other factors are creating in the lives of people with disabilities before they remove the legal aid that enables such people to make their case and challenge administrative decisions.

In these economic circumstances, women are particularly vulnerable in their employment. Again, special care is therefore needed. While the Government are keeping legal aid to support people who may be under immediate threat of eviction from their homes, there are other kinds of housing-related problems for which people are no longer to be supported by legal aid. For example, if they are being harassed by their landlord or their landlord fails to maintain the property in decent condition, they will no longer have the support of the legal aid system to give them redress in those circumstances. Women, children and young people are plainly vulnerable, particularly at a time when there is such a shortage of social housing and rents are soaring in the private sector. Therefore, it is essential that the Government should take stock and review the position before pressing the button to implement their new policy on legal aid.

We have debated the position of victims of domestic violence at length today. I hope that they will at least be brought back into scope.

Coming to the fifth category that my noble friend indentifies in his amendment, we know that black and ethnic minorities are represented disproportionately among the poorest in our society. We know that they often have all too fragile a position in the labour market. Again, I counsel that the Government owe it to them and to society as a whole to take great care where they are concerned.

We then move to a different set of concerns expressed by my noble friend Lord Bach. He rightly raises the question of what the impact of the Ministry of Justice’s policies may be on other government departments. We have had the benefit of seeing the study that was produced by King’s College London, which I am sure the Minister has considered with great care. However, it is a reasonable proposition and anticipation that people who are no longer in a position to maintain their rights in the courts may find themselves becoming dependent on other aspects of state provision, particularly the health service, and particularly in situations of homelessness. I do not know what consideration the Ministry of Justice has shared with the Department of Health or the Department for Communities and Local Government—to name two departments that one can immediately imagine having to pick up the tab for the MoJ’s policies—but I hope that, even if this legislation is enacted, the Government collectively will continue to think about what the totality of this policy’s effects will be. Many of us consider that the very small savings that the Ministry of Justice may achieve in the legal aid budget will be dwarfed by the knock-on expenditure consequences for other government departments. A hard-headed cost analysis should be undertaken by the Government before they implement the policy.

We know that there is a widespread apprehension, certainly extensively in the legal profession, that courts and tribunals may also face additional costs and difficulties in consequence of the removal of legal aid from various categories of would-be litigants, who may feel that they then have no option but to be litigants in person. We have heard many testimonies in Committee, and in the advice and evidence offered to us by organisations seeking to educate us on what the consequences of these policies may be, to the effect that there will be a serious impediment to the courts transacting their business at the speed at which they ought to proceed. That must be a matter of concern. It ought to be a matter of particular concern to the Ministry of Justice because if there are impediments to the courts getting on with their work properly, surely there will be cost implications and other unsatisfactory implications for the department itself. Local authorities, through social services departments, will have to carry a heavy burden. There, again, I am sure that my noble friend is right to include them in his list.

I will say no more about the possible implications for homelessness or ill health, let alone suicide, but I would like to say a word or two about the impact that this policy may have on the commission of criminal or anti-social behaviour. It seems to me that if those who are most disadvantaged in our society and feel themselves most vulnerable are driven to say to themselves that there is no justice for them and no way in which they can secure their proper rights, they may reach a point of despair and may feel justified, or simply driven, to engage in criminal or anti-social behaviour. That is surely something that the Ministry of Justice cannot want.

Finally, my noble friend invites the Government to make an assessment of the impact of their policy on the future provision and availability of services, including but not limited to law centres and citizens advice bureaux. These are charitable organisations. I note that we see authoritative figures coming, I think, from the National Council for Voluntary Organisations but possibly some other well respected body in the charitable sector, which estimate that the reduction in public funding for the charitable sector by the year 2016 at the hands of this Government and through local government underfunding will be of the order of £3.3 billion. Therefore, it is inevitable that charitable provision of legal advice and assistance will be reduced. It is part of the responsibility of the Lord Chancellor and his ministerial colleagues in the Ministry of Justice to think again very carefully about what the situation is, and can reasonably be anticipated to be, before they commence the implementation of the policy. For all these reasons, I am very happy to support the amendment moved by my noble friend Lord Bach.