Legal Aid, Sentencing and Punishment of Offenders Act 2012: Part 1

Debate between Lord Naseby and Lord McNally

Monday 8th July 2013 Lords Chamber

[Lord McNally]

On the contrary, I thought that I had made it clear in my Answer that we are not leaving it for three to five years. The intention is to monitor and review the impact of LASPO on all the affected groups outlined in the equality impact assessment. The Legal Aid Agency, Her Majesty’s Courts and Tribunals Service and providers will complement the use of administrative data with bespoke research exercises where appropriate. We have worked with the Legal Services Board and the Law Society to carry out a survey of providers of legal advice that will provide a baseline against which changes might be measured in the future. Ad hoc reviews are also conducted where a provider stops undertaking legal aid work.

I am not pretending that law centres have not been hit by this change. However, as I indicated in the previous answer, we have given a lot of money to the transition fund to help law centres and other not-for-profit sectors to reorganise so that they remain effective.

[Lord Naseby]

Is it not extraordinary that lawyers in the United Kingdom appear to think that around £220 million—the saving required—is a figure that should be brushed aside, and that after just three months there should be a review of the whole process? I urge the Minister to give a strong answer to the judiciary’s response to the consultation, particularly given that the response stated:

“Many young and talented lawyers are no longer choosing to practise in crime”,

which in the long term will affect the quality of the defence and prosecution barristers involved in criminal trials. Is it really the responsibility of the legal aid budget to fund that dimension of legal practice?

[Lord McNally]

Welcome though my noble friend’s intervention was, he is treading on areas that we will be debating on Thursday, when we have a very full and interesting debate on legal aid. I will say, however, that the noble Lord, Lord Bach, spent most of the last year predicting a perfect storm when LASPO came into effect. In fact, there has not been a perfect storm: the market is adjusting and advice is being given. However, the not-for-profit sector has had to make the adjustment that many others, including my own department, have had to make in the face of economic realities.

Justice: Legal Advice

Debate between Lord Naseby and Lord McNally

Monday 11th March 2013 Lords Chamber

[Lord McNally]

My Lords, we are working on some of these issues. We are working with the judiciary to improve guidelines for people representing themselves in court. We are developing a new online information service to help people find out if they are eligible for legal aid or signpost them to other services. We are giving £65 million of funding to help not-for-profit social welfare advice providers to adapt and transition over the next two years. We are also encouraging innovations in the legal services market, such as the provision of lower-cost advice services to help people in resolving their problems.

[Lord Naseby]

My Lords, how can anybody make a useful assessment in such a short time as there is from now to the changes? Should we not recognise that great trouble has been taken over these proposed changes? In a very tight financial situation, has not the time come to see what happens and then, if necessary, make changes one way or the other?

[Lord McNally]

I thank my noble friend for that question. It is true that the noble Lord, Lord Bach, has made something of a cottage industry of—

Elections: Fraud

Debate between Lord Naseby and Lord McNally

Monday 1st November 2010 Lords Chamber

[Lord McNally]

It is a matter for the Electoral Commission; it is going to produce a report in January, and my recommendation, as an elector and a citizen—never mind being a Minister—is that all three political parties study that report very carefully and then see if we can come together to try to tighten it up still further. Nothing I said either the last time or today suggests any impropriety as far as I am concerned. I am leaving it to the Electoral Commission, the police and the returning officers in the constituencies concerned, which is exactly as it should be.

[Lord Naseby]

Is my noble friend aware that he is absolutely right in the position he takes—not least as someone who has sat through a fair number of recounts? However, is he not also correct in saying that, when the police have investigated, they do report? We have the case of Bristol East, where the newly elected Labour Member has been cautioned by the police for the use she made of—it is reported— the postal votes on her Twitter, and, rightly, that is fraud under Section 63 of the Elections Act 1983.

Elections: Voting Systems

Debate between Lord Naseby and Lord McNally

Tuesday 5th October 2010 Lords Chamber

[Lord McNally]

I am well aware of the noble Lord’s views on first past the post, but he will be equally aware that many people consider the system to be deeply flawed. Most of the systems referred to were introduced by the previous Administration on the basis of horses for courses, taking into account what was most suitable for Scotland, for London and for Europe. I am sure that this debate will go on, not least when my right honourable friend Nick Clegg brings forward his proposals for due consideration in this House.

[Lord Naseby]

My Lords, instead of worrying about electoral systems, should not the Government be spending more time looking at electoral registration, particularly the registration of postal votes, so that at least our electoral register gets up to a better level than it has been at in recent years?

[Lord McNally]

My noble friend has raised that issue before and I share his concern. Proposals have been brought forward for individual registration and identification of postal votes. He is on the right road and I assure him that the Government will continue to pursue that course to make sure that our register is accurate and, as far as possible, fraud-free.

General Election: Voting Deadline

Debate between Lord Naseby and Lord McNally

Wednesday 7th July 2010 Lords Chamber

[Lord McNally]

My Lords, I have not seen the Scope research, but I will certainly study it. It is very important that all sections of our community, with any measure of disability, should be able to vote. One thing that I know is being considered is electronic voting, which might be an alternative for people with disabilities. But I take the noble Baroness’s point: disabled people, just like anyone else, want to exercise their vote personally at a polling station. We will look into that.

[Lord Naseby]

Is my noble friend aware that I asked a similar Question on 14 June? Since that date, it has transpired that bonuses have been paid to the returning officers for a number of those polling districts. Is that not an extraordinary situation and one that should be reversed?

Elections: Fraudulent Registration

Debate between Lord Naseby and Lord McNally

Monday 14th June 2010 Lords Chamber

[Lord Naseby]

To ask Her Majesty’s Government what action they will take to prevent fraudulent multiple registration by individuals to vote in elections and to ensure that electors who turn out to vote can do so.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Government are committed to tackling electoral fraud by speeding up the introduction of individual electoral registration. This will improve the accuracy of the register and ensure that only those entitled to vote get on to the electoral register. We are also considering the Electoral Commission’s report on the queues at polling stations on 6 May and the Government will take any appropriate steps necessary to prevent a repeat.

[Lord Naseby]

My Lords, I thank my noble friend for that succinct Answer. Is he aware that on 23 February I asked a supplementary to a Question for Oral Answer about how many recommendations from the Electoral Commission the then Government had implemented? I received a holding response that afternoon and later a letter was placed in the Library which indicated that there were a great many outstanding items. In the light of the last election when over 1,000 queued up and then could not vote, and there were serious problems with the register itself, as indicated by the Commonwealth monitoring group, is it not time to look at the role and powers of the Electoral Commission so that we have full and fair elections and can trust in the results?

[Lord McNally]

My Lords, I share the aspirations of my noble friend, but it is fair to put the case into perspective. There were problems at 27 polling stations out of 40,000. That was a bad piece of public relations and terrible pictures went around the world, but in fact represented a very small percentage of the actual turnout.

On the powers of the Electoral Commission, I think it is true to say that it has few teeth; whether it should be given more teeth or its powers transferred elsewhere is a matter for discussion and examination after we have its report on the recent general election.