Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Hart of Chilton and Lord Carlile of Berriew

Monday 5th March 2012 Lords Chamber

[Lord Hart of Chilton]

My Lords, my name is on this amendment. I support it for the reasons so admirably given by the noble Lord, Lord Pannick. Like him, I am a member of your Lordships’ Select Committee on the Constitution, which identified the importance of a statement of constitutional principle relating to access to justice.

As the noble Lord, Lord Pannick, has pointed out, the wording of the amendment is closely based on Section 4(1) of the Access to Justice Act 1999. Throughout the nine years that I saw those provisions in operation, budgetary restraint urged by the Treasury was always present because in those days, health and education were regarded as of higher priority. Nevertheless, legal aid was regarded as an essential element to access to justice and that principle constantly focused and concentrated the mind. The amendment seeks to do the same. It recognises budgetary restraint. It does not require a blank cheque much as some would wish it. It is moderate in tone and therefore realistic, but it enshrines an important constitutional principle that will overarch and permeate the whole of Part 1 of the Bill.

The Minister said in Committee and will probably say again that the amendment is unnecessary. That is not so. It is of fundamental importance to all of us and is absolutely essential.

[Lord Carlile of Berriew]

My Lords, like other noble Lords who have spoken, I remain in support of the principle behind this amendment. We are discussing the question of fairness in the distribution of legal aid and the availability of justice to members of the public. Like the noble Lord, Lord Faulks, I have campaigned in relation to clinical negligence—particularly perinatal negligence. Like him, I am grateful for the very realistic approach taken by Ministers and the clear indication and undertaking to make a concession on that matter.

However, one issue that concerns me greatly is the matters that will be debated under Amendments 8, 9 and 10—the question of scoping in and scoping out. I would be perfectly willing to see this amendment go by had we a commitment from the Government that scoping in would be added to the Bill. Had that commitment been made, I would have seen some evidence of overall fairness in the approach to legal aid being placed clearly in the Bill.

Like the issue we are currently debating, the issue of scoping in has been trailed in debate time and time again over a period of months. Frankly, I am shocked, particularly as a Liberal Democrat, that we have not yet heard from the Secretary of State that he is prepared to accept scoping in—a cost-free act of fairness, far away from attracting any issues of financial privilege. In the absence of such an indication, I feel constrained to support the amendment so ably moved by the noble Lord, Lord Pannick.