Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Shipley Excerpts

Monday 21st November 2011 Lords Chamber

[Lord Shipley]

My Lords, my noble friend Lord Thomas of Gresford indicated that I would say something about access to justice. My concerns relate to the planned reduced availability of legal aid and the impact on the voluntary sector, in particular on law centres, which helps those who lack the resources to buy their own representation. I wish to address the issue from two perspectives—first, law centres, and secondly, the court system.

Law centres are non-profit legal providers. In 2010, Newcastle Law Centre opened 550 casework files on a mix of welfare benefits, housing, immigration, asylum and employment—including discrimination—cases. The law centre works closely with and complements the work of Shelter and Citizens Advice and it meets a gap in provision. All 550 cases were for clients on low incomes who might not otherwise have received legal representation. In addition to those 550 cases progressed, Newcastle Law Centre gave some 2,000 instances of one-off advice to individuals—people who might manage themselves or could secure advice and help from elsewhere. In that year this law centre’s income was just £346,000 with nine full-time equivalent workers. Experienced solicitors were paid on average £29,000 a year and experienced caseworkers were paid £25,000 a year. That figure of £346,000 is made up of £206,000 from the Legal Services Commission, £60,000 from the Equality and Human Rights Commission, £65,000 from Newcastle City Council—I declare my interest as a member of that council—and other incidental income. Within this year’s budget there has been a 10 per cent cut in contract fees already.

In England and Wales there are 52 law centres and all of them have a legal aid contract with the Legal Services Commission. The Law Centres Federation estimates that up to 18 of the 52 law centres—that is just over a third—receiving Legal Services Commission funding would close as a consequence of this Bill. These 18 are primarily or entirely funded by legal aid work. The curtailment of the scope of civil legal aid hits law centres hard as it focuses on those areas in which law centres specialise—welfare benefits, employment, housing, debt and so on. In Newcastle funding will be reduced from £206,000 to £48,000 as a consequence of the abolition of the Legal Services Commission. This cut cannot be taken in isolation since the Equality and Human Rights Commission grant of £60,000 is disappearing as well. In total at least 63 per cent—effectively two-thirds—of Newcastle Law Centre’s income is set to disappear, which leaves us with the question of what will happen to those 550 cases and where those people will get the detailed help that they need.

Secondly, I want to address the issue of access to the court system. In December 2010 the Ministry of Justice announced the closure of 142 courts—93 magistrates’ courts and 49 county courts—out of a total of 530 courts in England and Wales. Although the business of these courts is being transferred to other courts, the court closure plans have caused the loss of experienced caseworkers and counter staff, while simultaneously making it more difficult to access a local court.

The proposed removal of public funding from private family cases—essentially, divorce, contact and residence disputes—will decimate the legal profession in these areas. Legal aid firms already typically work for only £50 an hour for this type of work. They provide excellent value for money in these critically important cases. Without their continued help, access to justice for our most vulnerable will be severely harmed and social cohesion damaged. Without that help, legal rights may not be enforced. With this modest but crucial income stream removed, many legal aid firms will withdraw from this work and many will go out of business altogether. If they do, there will be no going back. Having left this type of work, it is unlikely that firms will return to it should there be a later change of mind by government.

Initial access to proper matrimonial legal advice is often a gateway to other areas of social welfare law, including housing and debt. It may minimise conflict between separating parents and head off social services involvement and potentially expensive, harmful and disruptive care proceedings at much greater cost to the state.

Those members of the public who avoid the temptation simply to take the law into their own hands will be forced to attempt mediation. Should mediation fail, the parties will be forced, unrepresented, into a complex and technically difficult arena. While the judiciary are experienced in dealing with litigants in person, there is likely to be a flood of unrepresented litigants, which will severely impact on the courts’ business and lead to delay, lack of proper presentation of cases and potential injustice. The reduction in experienced court staff will exacerbate the situation, as there will be no one to help guide the public through the procedures and forms they need to complete to prepare their own cases. Cases which might have proceeded smoothly through the system will require direction hearings, with greater judicial input, for the judge to explain to the parties in layman's terms what is required to prepare and present their cases, and final hearings will be lengthened.

Budgetary cuts have already led to a reduction in the number of sitting days for part-time judges, leading to overlisting of cases, longer adjournments and greater inefficiency in the court system. Justice delayed is justice denied, and there is a very real and serious risk that those delays will only worsen when the flood of litigants in person starts to come through the system.

The removal of legal aid as proposed could have many unintended consequences. I hope that we shall be able during the passage of the Bill to make changes which guarantee effective access to justice for all. That means access to good-quality, face-to-face, free advice from a qualified person, and representation when it is needed for those without their own resources to enable them to pursue their right to equality under the law.