Select Committee on Governance of the House

Debate between Lord Beith and Tom Brake

Wednesday 10th September 2014 Commons Chamber

[Tom Brake]

I thank the hon. Gentleman for that intervention, and I will respond to it later.

It is in all our interests—Government, Opposition, Back Benchers and the House service as a whole—that this matter is resolved in a timely manner with due consideration. I do not seek in any way to pre-empt the work of the Committee, but there are certain principles that it will wish to bear in mind and issues that it will wish to to address. Let me flag up four. First, as Members, we expect to have access to the highest quality of advice. We rely heavily on the expert advice of the Clerk on matters of procedure and constitutional propriety. It goes without saying that the effective functioning of the House relies on the confidence of Members in its senior management and especially in the Clerk of the House as its principal procedural adviser.

Secondly, on a related point, it is vital that the Clerk is, and is seen to be, totally independent and not in any way dependent on the support of political parties or others. Advice must be dispensed without fear or favour. That is why the Clerk is appointed by the sovereign by letters patent and is not an employee of the Commission.

Thirdly, it is important that the House has a decision-making structure that is fit for the substantial challenges that we face, and is transparent. Members and the public must know who is accountable for decisions made.

Finally, any management structure must be cost-effective. Just as the Government have cut the cost of politics, the House has delivered substantial savings to the taxpayer since the last election, meeting its 17% savings target. Any new arrangements should support the efficient and cost-effective delivery of services to Members and to the public.

If the motion is agreed to, I hope that the Select Committee will be able to begin its work rapidly and conclude by the deadline. The Government will seek to ensure that the House has an opportunity to debate the Committee’s conclusions at an early opportunity, so that resulting appointments can be made as rapidly as possible.

In response to the hon. Member for Wellingborough (Mr Bone), the election of Members to the Committee is a matter for the parties.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

My right hon. Friend has not referred to the interim arrangements that are being put in place. I want an assurance that it is difficult for him to give, because he is not a member of the Commission, that the Commission will invest the Clerk Assistant with sufficient authority to do all the things that are required of the Clerk, of the kind that my right hon. Friend has described, and to delegate such of his functions as make it possible to carry out those roles.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Beith and Tom Brake

Wednesday 2nd November 2011 Commons Chamber

[Tom Brake]

The hon. Lady makes a point that is worth considering. Clearly, certain organisations are financial beneficiaries of some of the funding, but I do not want to throw out all the concerns that have been raised because, equally, there are legitimate concerns that the Government need to monitor very carefully.

I turn to new clause 17. I had hoped that during the debate on Monday we would reach the group of amendments on social welfare in which my amendment 149 on complex welfare benefits was listed. Also in the group was amendment 131, which sought to ensure that advice on housing repossessions was available sooner. I regret that we did not reach that group, as, I am sure, does my hon. Friend the Member for Eastbourne (Stephen Lloyd), who is chairman of the all-party group on Citizens Advice. However, new clause 17 touches on many aspects of what was included in amendment 149. I welcome the fact that the hon. Member for Makerfield has put the matter up for debate today because it provides an opportunity to discuss some of the points that would have been raised on amendment 149. Her definition in trying to ensure that legal aid is extended to complex cases is

“that the individual has complex, interconnected needs”

and that

“not all of those…legal services would otherwise be available to the individual”.

It is reasonable to speculate that many, or most, individuals with complex and interconnected needs will also have welfare benefit issues that will often also be complex. Under the Government’s proposals, welfare benefit cases, complex or otherwise, are excluded from the scope of legal aid.

I acknowledge that the scope of the hon. Lady’s new clause is slightly different from what was proposed in amendment 149. However, if it had been restricted to individuals with complex and interconnected needs who require legal help with complex welfare benefit issues, I suspect that we would have been discussing exactly the same area of legal aid, because virtually every individual who has a benefit advice problem involving issues of legal complexity, significant evidential hurdles or daunting adjudication processes will have complex and interconnected needs. According to Citizens Advice, that more targeted approach would help to achieve a compromise position whereby more complex cases can be covered by the legal help system. When we asked Citizens Advice what it would identify as a single priority as regards what the Government should change, that is what it proposed.

Citizens Advice has calculated the cost impact of its proposal. It says that the current welfare benefits advice spend is £25 million on just under 140,000 cases, and that restricting it to complex welfare benefit cases covering only reviews and appeals, which applies to two thirds of the current welfare benefit cases, would cost £16.5 million and help around 100,000 people. The cost could fall further if, as the Government and all hon. Members intend in practice, decision making first time round is improved and becomes much more effective. The CAB calculation is that if we were to improve first-time decision making by 30%, the costs of that provision could fall to £12 million.

[Sir Alan Beith]

Is it not absurd that the Government should be scrabbling around for money to meet the costs of bad decision making and bad communication between Departments and those who are affected by their decisions? Ought not the Government’s priority be to ensure that those Departments change those processes, which they are more likely to do if they have an incentive, which is provided by the fact that their budget will meet some of the costs if they do not do so?

[Tom Brake]

There has not been much consensus in the Chamber, but I suspect that there is broad agreement on that point.