Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Thomas of Gresford and Lord Monks

Tuesday 20th March 2012 Lords Chamber

[Lord Thomas of Gresford]

My Lords, in my youth I appeared for insurers and unions, and I did not pay anybody to get those cases. We competed on quality. The competition was there so that unions and insurers would send their work where they thought that they would get the best service, not where they thought that they would get the largest fee. It is insidious for fees to be paid to purchase cases from any organisation, whether it is a union or even the finest charity. It is not right that unions and charities should fund themselves in this way. The noble Lord has made the case from the point of view of unions and charities being funded. One has to look at it the other way round. Why should firms of solicitors or even barristers’ chambers—I have heard rumours about this—get work on the basis of how much they pay a person referring cases to them? It is a practice which has to stop.

[Lord Monks]

My Lords, I support my noble friend in this amendment. Referral fees are one aspect of the Bill that will affect union legal services adversely, along with changes to “after the event” insurance and conditional fee agreements. These three issues will make union legal services much more difficult and expensive to operate. Inevitably, fewer cases will be taken. Last year, unions assisted something like 50,000 individuals with cases. There was no charge on the public purse for that assistance. It was done through people’s membership of the union. Many people who were very ill or injured in some way were helped considerably. When this Bill becomes law, essentially, that will become more difficult.

I have checked which unions use referral fees and which do not. Two of the major unions use them and the rest do not. The two which use them do not use them to fund the Labour Party, which is the allegation that is around. As my noble friend explained, the political fund of the unions is completely separate. A separate contribution is made to that. It is registered under the Trade Union Act 1984, which was put through by the noble Lord, Lord King. You make a voluntary donation which is separate from your union membership fee and it is separately accounted for.

The suggestion that referral fees are used by unions to fund the Labour Party is totally wrong. The whole purpose of referral fees where they are applied has been to support the expansion of union legal services to make good some of the defects elsewhere in the justice system. I hope that the House will bear that in mind when it considers this amendment.