Legal Aid

Lord Dykes Excerpts

Thursday 10th December 2015 Lords Chamber

[Lord Dykes (Non-Afl)]

My Lords, at the beginning of this debate I was worried that I had deliberately decided not to have a written text but to listen very carefully to the experts. The noble Lord, Lord Howarth of Newport, need not have worried himself about being a non-lawyer. I agreed with all his excellent and detailed offerings. I am an amateur in this matter but I share his indignation.

I have had plenty of conversations, particularly with young lawyers, the group that my noble and learned friend Lord Judge mentioned, or lawyers starting out on their careers. I know the intense demoralisation that they often express in all kinds of circumstances when asked what they do or are planning to do. That never was so before. The legal profession stood proud and was adequately and respectably remunerated without excess, bar some rare and exceptional cases.

I have benefited very much as an amateur listener to this debate, joining in without a written text deliberately, because I agree so strongly with the tone of indignation in the five preceding speeches. I thank the noble Baroness, Lady Mallalieu, as an expert who added weight to her evidence in sharing the demoralising experiences of a member of her family. I particularly thank the noble and learned Lord, Lord Goldsmith, whose reputation as Attorney-General is very distinguished, for his offerings today. These disturb me greatly. The fall in the number of cases now qualifying for legal aid is truly shocking. I am glad that the noble Lord, Lord Bach, who will be replying on behalf of the Opposition, has, I think, already started his review of the legal aid system and what should be done. I believe that he hopes to present a report to the next Labour Party conference. It will be very important indeed to see what that says. The extraordinarily modest total savings—although having a dire consequence for the people and families who are suffering—are not a major component of the Government’s spending cuts. Cuts in other areas might be more justified. To promise a further decrease in the fees being paid just adds to the stunning demoralisation among lawyers that I have already related. This has got to be taken in hand.

I am very glad that the noble Lord, Lord Faulks, is going to reply today because I hope he will reassure us that there will now be the beginnings of what I hope will be the Gove revolution to get more sanity and balance into this whole system. Mr Gove started off well, abolishing the absurd extra court charges that were already distorting the practice of justice in our courts. That is very difficult for people in the legal profession, who are very proud of our legal achievements in the post-war period, to entertain and suffer. Abolition is therefore very important indeed.

The noble and learned Lord, Lord Falconer, in commenting about these matters in the debate on the Queen’s Speech, said:

“There are no proposals to deal with the damage done in the last five years in the area of justice—for example, the decision to take the overwhelming majority of social welfare law out of the scope of legal aid. Now it is no longer possible to obtain legal aid in the areas of welfare benefit law; employment law; housing law, except possession cases; debt law; and much of immigration law”—

a growing theme because of the crisis that we face both here and in other European countries—

“relevant to all but particularly to the poor, the marginalised, the vulnerable and the disabled”.—[Official Report, 1/6/15; col 168.]

That is really a shocking thing for a distinguished former Lord Chancellor to have to say, and the Government must listen carefully to these voices, which are not tendentious or artificial but genuine. I also welcome that the noble Lord, Lord Marks of Henley-on-Thames, will be replying on behalf of the Liberal Democrat group, given his distinguished record and experience as a practising senior lawyer. I hope he will really deal with these matters.

Some time ago, in October 2013, the noble and learned Lord, Lord Neuberger, gave a speech arguing that the impact of the changes to legal aid provision would result in people being denied access to justice and would constitute,

“a blot on the rule of law”.

That is strong language indeed for senior judges and lawyers to use. This goes into the realm of politics, as well. This Government have built up a reputation—albeit, I hasten to remind the House, on the basis of 24% of the electorate and 37% of the turnout voting for them; not a really significant figure—of pursuing tendentious policies that cause social distress, particularly to families dealing with the cases I have already referred to. The Government must think again. There is a chance to do so. The amounts of money involved are not crisis-creating but modest, although for individuals they are absolutely vital for their future welfare and survival.