Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Grahame Morris

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

I had better refer my hon. Friend to the consultation document. He has taken up this matter in the past, and we have readdressed the question after listening to his and other people’s recommendations. We have defined much more closely the use of the telephone advice system and concentrated on those areas in which we think that it is of value. When he looks at our response to the consultation in detail, I think he will find that we have gone in the direction that he would have wished.

[Grahame M. Morris (Easington) (Lab)]

I note that the Justice Secretary has said that legal aid will no longer be routinely available in clinical negligence cases. That will cause a huge problem: people will be denied justice and compensation after suffering injury or worse as a result of malpractice or clinical negligence. Will he explain his justification for that decision?

[Mr Clarke]

Well, 80% of clinical negligence cases are already undertaken on a no win, no fee basis. Only 20% by number are done using legal aid. That is why we think that no win, no fee is probably the better way forward, and also why we will implement Sir Rupert Jackson’s recommendations to ensure that the costs to all parties are kept down and in proportion. Far too often under the pre-Jackson rules, the health service has found itself paying out at least as much in legal costs as in compensation to victims. On the whole, negligence cases have moved steadily towards no win, no fee arrangements for those who cannot afford the fees. That gives wider access, because legal aid is restricted through a very tight means test.