Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Carlile of Berriew and Lord Clinton-Davis

Thursday 9th February 2012 Lords Chamber

[Lord Carlile of Berriew]

My Lords, I, too, support what has been said by the noble and learned Lord, Lord Lloyd, and I agree entirely with the noble Baroness, Lady Mallalieu, that this kind of provision is ill understood by those who have everyday contact with sentencing provisions and looks more like political posturing than legislation based on merit.

This provision is strangely contradictory within itself. It seeks to introduce mandatory life sentences for people aged 18 or over convicted of a specified offence that is serious enough to justify a sentence of imprisonment of 10 years or more who have previously been convicted of a specified offence for which they were sentenced to imprisonment for life or for a period of 10 years or more, yet it raises the possibility of situations in which defendants who commit two wholly different scheduled offences separated by many years, or even decades, receive mandatory life sentences. On the face of it, it looks tough and even unfair. Yet new Section 224A(2) of the Criminal Justice Act 2003 as set out in the Bill provides for a series of exceptions that seem to negate the provision in its entirety. So what is all this about? If there is a mandatory life sentence, but the judge thinks it would unjust to impose one, he has the discretion not to do so. I welcome that but, if that is the provision, why bother?

[Lord Clinton-Davis]

I find myself in complete agreement with the noble and learned Lord, Lord Lloyd. As far as this clause is concerned, the onus rests firmly with the Government. Nobody around this Chamber—Labour, Conservative, Cross-Bench or Liberal—disagrees. It is vital for the Government to prove that this clause is relevant. So far, they have not done that. There has been a chorus of disapproval surrounding this clause from all Members who have spoken, and it is virtually impossible for the Minister to be able to convince us that this clause is relevant. I will listen with bated breath, as I always do, to what he has to say, but I have dismissed it already.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Carlile of Berriew and Lord Clinton-Davis

Tuesday 10th January 2012 Lords Chamber

[Lord Clinton-Davis]

I agree so much with what has been said by the noble Lord but I disagree with his conclusion about the leader of the Liberal Democrats. I have a great regard for him as well, but in this regard he has been an absolute disaster.

I would like to say something about my own experience in undertaking surgeries as a Member of Parliament. Quite often, the people who came along to those were inarticulate and unable to divulge the essence of the case that they wanted to put before me as their MP. They had enormous difficulty in expressing themselves and, if I may say so, I think that will be what happens regularly with regard to the Bill. I am sure that the Minister who leads the Liberal Democrats in this regard will sense that the whole House has great suspicion about the purposes of the Bill and does not see how it is going to work out in practice. There is no evidence to suggest that there will be a saving of money if people cannot express themselves cogently and coherently. From that point of view, an enormous amount of time will be wasted, as has been the case in our surgeries. Of course, not everyone here has been an MP, but those who have will surely view what I have said with some sympathy. I can recall a case where it took about an hour for a person to express themselves about the situation that befell them because they were unable to understand the points that were relevant to the issue that they had to consider. In my view, the Government are therefore bound to consider an aspect that at the moment they are loath to do.

I hope that the Minister, on reflection, will come to the conclusion that we are entitled to know his views about the position that I have sought to reflect. This issue is vital. To expect people to come before courts and express themselves sufficiently coherently is impossible. I speak not only as a former MP but from my knowledge of people whom I come across quite often in my daily practice. I look forward to hearing what the Minister has to say.

[Lord Carlile of Berriew]

My Lords, as another former MP I echo the point made by the noble Lord, Lord Clinton-Davis. Many is the time when Members of another place in their constituency surgeries have to give advice on legal issues to constituents, and it is often the poorest constituents who come with the largest and most complex, multiple legal problems, usually relating to welfare law. There are of course many cases in which an MP can say to a constituent, “Go along to the small claims court, appear on your own behalf and use the words ‘contract’, ‘consideration’ and ‘damage’, and you will do very well”. Litigants in person can succeed, particularly before small claims courts. However, multiple, complex legal issues do not lend themselves to litigation in person. The only responsible advice that Members of another place can give in such cases is, “You’ve really got to go to a decent solicitor who understands this kind of work”—and, if you are a really daring MP, you might discriminate among the solicitors in your constituency and recommend someone really competent in the hope that others do not find out what you have said.

My reason for supporting this amendment is founded in the sympathy that I have for my noble friend the Minister. I share the view that there is a great deal of waste in legal aid and that steps can be taken to reduce legal aid in many areas. I suspect that almost every Member of your Lordships’ House believes that. However, the list of people potentially affected in this amendment is very realistic. It sets out those very people and groups who are likely to be the most adversely and unfairly damaged by these reductions.

I would have expected the Government, in setting out legislation to cut legal aid, to do the work that is implicit in this amendment. I have looked through the notes on this draft legislation and everything that has come from the Government, and I have seen no evidence of any such assessment being carried out. I have not yet read anything but a summary of the King’s College London report, but if the headlines fairly represent what the report says, they are cause for alarm. It has done the work that the Government should have done and revealed that the savings may not be there at all in certain areas, not least, critically, in clinical negligence cases, which are of particular concern to me.

I cannot see that it would be anything other than responsible for the Government to carry out the work set out in this amendment. I would ordinarily have expected them to do so to justify the cuts that they are proposing to make to legal aid. For those reasons, I feel that it is right to support at least the aims and principles of this amendment.