Legal Aid: Family Courts

Lord Thomas of Gresford Excerpts

Monday 13th December 2010 Lords Chamber

[Lord McNally]

My Lords, that is certainly the intention. What we are trying to do is to get a change in culture so that people in family cases do not automatically go to law. Some of the points that the noble Baroness raised are worth examining. For example, in a case where there is not a balance of resources, the courts will be able to ask the wealthier of the two parties to deposit resources, which will mean a greater equality in advice. The basic thing about our reforms is that we do not believe that family justice is best carried out by state-funded litigation.

[Lord Thomas of Gresford]

Is my noble friend aware of the concern of the family Bar that the cuts in legal aid will disproportionately affect ethnic minority lawyers with the result that, in 10 or 20 years’ time, there may be a lack of diversity in judges appointed to the Family Division?

[Lord McNally]

My Lords, it is difficult to assess the full impact at the moment, but it is certainly true that, in many of the firms that have been dealing with family law, ethnic minorities are better represented. However, I think that it is too early to say that the impact to which my noble friend has referred will come about.