Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Dubs and Baroness Scotland of Asthal

Tuesday 10th January 2012 Lords Chamber

[Baroness Scotland of Asthal]

My Lords, I very much agree with everything that my noble friend has just said with her great common sense and straightforwardness. She is right about the two questions but she is also right that this Bill has caused real anxiety, particularly among the most vulnerable. That is clear from what everyone has said in this debate. If the economic case is a clear and well evidenced one, I respectfully suggest to the Minister that that would be the greatest salve he could apply to the anxiety which has been caused in so many people’s minds.

I wish to add to what was said by the noble Lord, Lord Carlile. It is not just the vulnerable who find courts intimidating. Noble Lords will know that in this Bill it is proposed to remove all private family law from the scope of legal aid. All litigants, notwithstanding their normal level of articulacy, intellect and performance, find that area of law particularly challenging, delicate and painful. In those cases, the old adage is applied by lawyers that the client who represents himself is a fool. It is in those cases that help and support are particularly needed. The noble Lord will know that it is also an area where women tend to be disproportionately adversely affected, and that in domestic violence cases, which apply to men and women, 89 per cent of repeat victims are women. Therefore, there is real concern about the changes that are proposed if we do not understand the economic cost of so doing and the justification for it. Even those who are not poor have difficulty in family cases, particularly where the male member of the family is well endowed with money but the woman is not. Many women in that situation who may come from very advantaged families are obliged to use legal aid and will simply not try to receive their rights if they do not have it. One is therefore facing a potentially disproportionate and negative impact on women in those circumstances.

I therefore ask the noble Lord to think very carefully indeed about whether the evidence we have at the moment suffices and enables us to answer the two questions in particular that have been raised by my noble friend. If they cannot be answered in the affirmative, I hope that the Government will seriously think again.

[Lord Dubs]

My Lords, perhaps I may add a brief point to the debate, and I very much agree with the comments that have been made. A number of Members of this House have been Members of the Commons, as I have been, and we relied heavily in our advice surgeries on being able to steer people towards citizens’ advice bureaux or, indeed, to lawyers who could do a good job. However, one phenomenon that has disappeared more recently, but which was very marked as regards immigration cases in the 1980s, is people who set themselves up as advisers and who normally give thoroughly bad advice to distressed people who want help. One had to deal with that. If I got hold of constituents who were in such difficulties, I always steered them to the CAB, to the local law centre in Wandsworth or to decent lawyers.

I am worried that the phenomenon may happen again whereby, in the absence of legal aid support for certain types of cases, people will set themselves up as advisers who will pretend that they are doing this on the cheap and give advice that is not of the best quality and is, given my experience, thoroughly bad. I very much hope that one consequence of the Government’s measures will not be that people can set themselves up and mislead distressed and vulnerable people, take some of their money from them, and provide advice that is not at all helpful.