Legal Aid

Lord Cotter Excerpts

Thursday 10th December 2015 Lords Chamber

[Lord Cotter (LD)]

My Lords, there have been so many concerns expressed in recent times about the change in the laws related to our legal system. Nothing should be sacrosanct, but the proposals made have not been well thought out. A recent survey found that only a quarter of the population believes that the UK’s legal system is fair and transparent. Two-thirds of those questioned feel that wealth is now a more important factor in gaining access to justice than it used to be.

There is much still to be done to address the genuine, real and justified concerns that the public have. But it is not just the public: legal experts, judges, magistrates and practitioners also share these concerns, so it is welcome that the Justice Secretary has just abandoned, for example, the punitive criminal court charges. However, the damage has been done already through many magistrates of experience—experience which is now lost—resigning in protest at the court charges. We are still left with the massive problem of ensuring that the public are in future to be represented by high-quality legal aid lawyers who are well funded and valued.

During a short debate last month over concerns that the bidding process was faulty, the point was made that because of the process, the future for good legal aid work was and is at risk. Replies at the time from the Government tried, in my opinion, to suggest that a few disgruntled solicitors were protesting because they were not given the work. It was implied that they were just being childish. This was not a lottery—or was it?—but the process should have been carried out professionally. Even at this stage the Government have a duty to re-evaluate the process, which was not professionally done. We are talking about the obligation to ensure that the general public have the best possible protection for their rights.

We have just celebrated Magna Carta and there is a duty on the Government to ensure that this process of fairness is maintained, so again we are back to process. It is not just imagined that the assessment process was faulty. Insufficient time was allowed to train the assessors and for them to do the actual work. This has been attested by many people who know this and have seen it with their own eyes. Basically, the assessment process was a rushed job and we shall pay for the results in the long run. The Government have to accept that having inexperienced assessors paid low rates may have reduced the cost of this process at the time but that we, the public, will pay much more in the long run. The assessors and the assessment process for anything should be professional, well tested and well run.

Many examples of poor decisions made about appointments for this work, as a result of this poor assessment process, have been given to me. In a longer debate I could give many of those examples, such as high-quality practices with knowledge in serving their local communities quite frequently being ignored. They have not been granted contracts, meaning that those given the work with no local knowledge will be less effective. Again, this has happened on a number of occasions. In regard to the wrong people being appointed I would instance, as I have mentioned previously, the past work carried out by a reputable, professional central London firm which meant that it should have been appointed to do such work in London. But no: it was not given the work. In fact, firms from Stafford, Leicester and Leeds were given that work to do in central London. In itself, that is just ridiculous.

I speak as a member of the public, as others have done, and I stand in awe of the experts. But I also wanted to represent the concerns that the public have about this service in future, as I have mentioned. We have a duty in this Chamber to ensure that changes are made so that the public get the right and fair justice system they need.

Legal Aid

Lord Cotter Excerpts

Tuesday 24th November 2015 Lords Chamber

[Lord Cotter (LD)]

My Lords, it is clear that this has been a very faulty process. I give an example. A very reputable organisation with quality and community knowledge in London has been ignored and not appointed in any way. The work has been given to firms in Stafford and Leicester. It is surely ridiculous when a firm based in London has a great reputation that work for London should be given to firms in Stafford and Leicestershire.

[Lord Faulks]

The noble Lord picks on one disappointed solicitor. No doubt a number of solicitors are pleased with the result and feel that it is an adequate response. I fear that some solicitors will be disappointed, but the noble Lord will realise that it is necessary to effect some consolidation—apart from anything else, because there has been a significant drop in the crime rate, which is good for most of the population, although perhaps less good for some solicitors who rely on crime for their living. I am glad to say that the crime rate began to drop in 2007, when the party opposite was in government. It has continued to drop and is now at its lowest rate since 1970.

Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015

Lord Cotter Excerpts

Monday 7th September 2015 Lords Chamber

I hope that the Lord Chancellor, who is plainly very interested in prison reform and has already made a significant contribution to change in prisons, will regard the sort of aspects of prison law that I have been talking about as part of the same picture and worthy of the modest investment that is involved in restoring legal aid to the sort of cases that I have been describing.

[Lord Cotter (LD)]

My Lords, I thank the noble Lord for introducing this Motion to Regret, which I and many others hope will lead to a sustained examination of legal aid now and in the future, as a result in particular of the cuts proposed by the Government. My intervention will be very brief because I have no legal background whatever. I saw that this Motion was proposed for today, and I came to listen and to say a few words as, one may say, an ordinary member of the public.

I have listened to those who have a detailed knowledge of this field. I do not have that knowledge but I have had it put to me that there are grave concerns for the ordinary member of the public, who could be said to be at the bottom of the pile and might be induced—because of pressure and of feeling vulnerable—to shorten court proceedings and say, “Yes, I was guilty”. I may be wrong on that; others more expert than me may say, “No, that is not the case”. Is it the case that vulnerable people will suffer as a result of these proposals, as has been mentioned tonight?

My other concern is whether it is likely that fewer people will train for the legal field, which I trust the Government will look at. That is of great concern because there could be a shortage of legal practitioners, with the result of the service not being fit for purpose. With my lack of knowledge, I will sit down. Others have great knowledge to which I have listened, but I have great concerns on behalf of the ordinary public.

Social Action, Responsibility and Heroism Bill

Lord Cotter Excerpts

Tuesday 4th November 2014 Lords Chamber

[Lord Cotter (LD)]

My Lords, the words “common sense” strike a chord. It is good that we are addressing this issue today. A point has been made that the main purpose of a Bill should not be just to send out a message. That is fair enough, but the Bill is useful in trying to bring more certainty and common sense to the life that we lead. I come to this as an ordinary member of the public, with a small business background rather than a legal one, so I bow to the legal brains that are here today. However, as an ordinary person there are many incidents and events that come to mind where caution has ruled. I do not remember the full details with confidence but there was one case where someone in a uniform waited for instructions from a superior before helping in a life-saving situation, whereas the instinctive act should have been to pitch in and help right away.

On a different point, I hope that the Bill will help the small business community, where I come from. In this sector, we are always well aware that big businesses have big organisations behind them, with legal and PR departments and all that sort of thing. The small business community can be at a disadvantage when such businesses come to defend a situation where they are right but worry that they do not have the time or resources to defend themselves.

I will keep this brief because I am interested in what other noble Lords have to say, but it is right that we have this debate and ask the Government to give reassurances, as happened in the other place. There are, rightly, concerns about the compensation culture and I hope that the Bill can help to address them. I look forward to the Minister’s response.