Civil Legal Aid

Lord Touhig Excerpts

Thursday 19th May 2011 Lords Chamber

[Lord Touhig]

My Lords, when my noble friend Lord Beecham opened the debate, he told us that the Government had underestimated the number of people who will be denied funding as a result of their changes to legal aid. The Legal Action Group, which discovered this error, stated that the Government had “grossly underestimated” the impact of their cuts. The error came about because the Government chose to base the impact assessment on statistics from 2008-09—more than a year out of date. The Legal Action Group’s director, Steve Hynes, described the Government as using,

“the most generous interpretation of the data it thought it could get away with”.

It is clear from these findings that the number of people seeking help with legal problems is far higher than the Government estimated that it would be. The Law Society’s chief executive, Desmond Hudson, said that it is,

“hard to dispel the suspicion that once again the MoJ has embarked on a programme of painful change, without properly understanding the impact of its proposals”.

At present, legal aid is available to the poorest parents of children with special educational needs who appeal against decisions made by their local councils about additional support for their child. That is as it should be given the fact that 82 per cent of parents win their appeals and 30 per cent of the appeals are conceded by the local authority even before the case reaches a tribunal. Yet the Government now propose to remove all legal aid where it relates to matters of special educational needs. While discrimination claims would still receive support, for many parents the only way to get the help that their child needs is through appeals to the Special Educational Needs Tribunal and support for these will be withdrawn.

The Government seek to justify its removal for three main reasons. First, they say that the education of children cannot be accorded the same level of priority as other important issues. Surely, access to a suitable and challenging education is the right of every child, and if they miss out on such an education they are disadvantaged for the rest of their lives. Disabled children already face many barriers in society, and a failure to provide them with a suitable education puts them at an even greater disadvantage. While the Government have taken some welcome steps to support families with disabled children, they threaten to undermine this by withdrawing legal aid, which many families need to ensure that their children get a decent level of education. The importance of providing an appropriate education to all children, especially those with special educational needs, is such that it should be given the same priority as other important issues.

Secondly, the Government say that they do not believe parents and carers bringing cases like the ones I have mentioned to be particularly vulnerable. But the consultation document from the Ministry of Justice recognises that disabled children are more likely to live with one or more parent who has a disability. Equally, the parents of disabled children are more likely to be in poverty or in single-parent families. These facts make nonsense of the Government’s statement that the parents bringing these cases are not likely to be particularly vulnerable. The withdrawal of legal aid in such circumstances risks taking away support from parents who are already financially disadvantaged and pushing even more families with a disabled child into poverty. Surely that renders such parents particularly vulnerable and means that they should be given the support they need rather than making them the victims of these cuts.

In addition to making the wrong decision when assessing the vulnerability of parents, the Government in their equality impact assessment failed to consider the impact of withdrawing legal aid on the children themselves. Some 60 per cent of pupils who leave school without GCSEs have special educational needs, and they are not likely to be in education, training or employment at the age of 19. Taking away legal aid from parents who are supporting these children is an absolute disgrace.

Finally, the Government believe that there are sufficient alternative sources to justify the removal of legal aid in these cases. To support the argument, they identify the parent partnership service, the Advisory Centre for Education and the Independent Parental Special Education Advice service. The advisory centre and IPSEA already have more requests than they can cope with and the parent partnership service is facing huge budget cuts by local authorities. Therefore, legal aid will be at risk.

None of the Government’s reasons for withdrawing legal aid from those with special educational needs stands up to scrutiny, and I hope they will think again. In a civilised society, this cannot be justified.

Parliamentary Voting System and Constituencies Bill

Lord Touhig Excerpts

Wednesday 9th February 2011 Lords Chamber

[Lord Touhig]

My Lords, I rise to support Amendment 25ZB in the names of my noble and learned friend Lord Falconer of Thoroton and my noble friend Lord Bach, and to speak to Amendment 30 in my name and that of my noble friend Lord Anderson of Swansea. I believe that they complement each other.

On 26 January we had an excellent debate on Wales. In particular, we were able to highlight the adverse impact that the Bill will have on Welsh representation in the House of Commons. That debate was conducted in the best traditions of your Lordships’ House. Powerful arguments were put for and against the question of whether Wales should have the statutory minimum of 35 Members of Parliament. That was introduced in the Parliamentary Constituencies Act 1986 and, unlike this Bill, it had all-party support.

I say at the outset that I do not intend to repeat the arguments I made on that occasion. My noble and learned friend Lord Falconer has pointed out that Wales will lose 25 per cent of its parliamentary representation if the Bill is not changed. Indeed, 20 per cent of the entire reduction for the whole United Kingdom will come from Wales if the Bill is not altered. On 26 January the Government were unmoved by the merits of the argument that we put to retain at least 35 Members of Parliament. Indeed, they would not even take time to reflect on the merits of the case that we put. Reluctantly, of course, I and many others therefore accept that there will be a reduction in the number of Welsh constituencies and Members of Parliament. However, I urge the Government to consider that in the first boundary review the reduction should be limited to 10 per cent. Amendment 25ZB would allow for that.

On 3 March the people of Wales will go to the polls to decide whether powers to enact primary legislation in designated areas such as health and education should be passed from the Parliament of the United Kingdom to the National Assembly for Wales. None of us knows for certain what the outcome of that referendum will be and for that reason I urge the Government to take these amendments seriously and to reflect on them. I believe it would make sense to pause and await the verdict of the people of Wales before deciding on such a drastic reduction in the number of parliamentary constituencies. Neither of the amendments before your Lordships prevents the Government from making further reductions in the number of Welsh parliamentary constituencies in the future. They simply allow the process to take place over a longer period of time. That would be the time to reflect and consider the implications of a yes vote in the referendum on our constitution. The amendments would give time to consider the impact of passing those primary powers from Parliament to the National Assembly and the impact that that would have on the work of the House of Commons and Members of Parliament.

Without taking much of your Lordships’ time in repeating the arguments that I made in the debate on 26 January, it is nevertheless right to point out that even if the referendum says yes to the transfer of powers, the asymmetrical devolution system that we have in the United Kingdom means that significant areas of legislative responsibility for Wales will still rest here in the Parliament of the United Kingdom. The devolution settlement in Wales is significantly different from that of Scotland and Northern Ireland. In particular, policing and criminal justice are not devolved in Wales and remain the responsibility of the United Kingdom Government and this Parliament. In addition to policing and criminal justice, huge areas of Welsh life will continue to be determined by decisions of the United Kingdom Government and this Parliament, including pensions, benefits, taxation, levels of public expenditure, macroeconomic policy, defence and foreign affairs. Our education system in Wales is very similar to that in England. Indeed, teachers pay and rations are decided on an England and Wales basis. Until the views of the Welsh people are known and new powers are transferred to the National Assembly, it is important that Wales is properly represented here in the United Kingdom Parliament.

My point is simple and is reflected in Amendment 30 in my name and that of my noble friend Lord Anderson of Swansea, which complements Amendments 25ZB. Until the constitutional settlement between Wales and the United Kingdom is resolved in the referendum and its impact examined, there should be no more than a reduction of 10 per cent of Welsh Members of Parliament at the appropriate boundary review. Neither amendment would prevent the Government and Parliament from looking again at the levels of Welsh representation in the other place.

This debate is doing what your Lordships' House does best: it is giving the Government an opportunity to reflect on the amendments before us and consider their merits. Amendments 25ZB and 30 would not thwart the will of the Government and the elected House. They allow time for sober reflection and to consider the constitutional impact and the impact that any transfer of powers from Parliament to the Assembly will have on the House of Commons. They would give the Government an opportunity to achieve an outcome that they have singularly failed to achieve so far with the Bill: the opportunity to gain all-party support, certainly for this part of the Bill.

Without consensus and all-party support, no constitutional change of this magnitude will stand the test of time. I hope that the Government will consider the merits of the case being put before your Lordships this evening and agree, at the very least, to accept Amendment 25ZB.

[Lord Morris of Aberavon]

I support the speech made by my noble and learned friend Lord Falconer of Thoroton. I also spoke on 26 January and I do not intend to rehearse again the points that I made then and others made even better. We are not against a reduction in seats, but it should take place over a longer period of time. It is utterly disproportionate that the seats in Wales are reduced in one go by 25 per cent. That is 20 per cent of the whole of the reduction in the United Kingdom. I support my noble and learned friend.

--- Later in debate ---

[Lord Wallace of Tankerness]

I do not believe that it is simply mathematical. It relates to the principle of equal value, and one value for one vote. That is not a mathematical concept but a matter of fairness. It is equally wrong to suggest that the provision does not have regard to the cultural and historical matters in Wales. I indicated that to the noble Lord, Lord Elystan-Morgan, in the previous debate. I recognise Wales as a constituent nation of our United Kingdom, but other parts of the United Kingdom have their own historical and cultural importance and ties, as indeed do parts of England as well as England as a whole. What I have not yet heard answered by anyone who has argued the case is why a vote in Swansea should carry more value than a vote in Newcastle, Coleraine or Aberdeen. Each of those other cities have their own importance and distinctiveness, and I have not yet heard an answer to why the citizens of Swansea should have a vote to the United Kingdom Parliament that is worth more than the vote of a citizen in Newcastle, Aberdeen or Coleraine.

[Lord Touhig]

I understand the point that the Minister is making, but how does he stand that argument up when his Government are making a deliberate exception for Orkney and Shetland? Their votes will not be equal to the rest of the votes in the United Kingdom.

[Lord Wallace of Tankerness]

That case has been argued, and we have had specific debates on that and an amendment from the noble Lord, Lord McAvoy. What we have said—and I think I have said it about three times already, this afternoon and in Committee—is that the Government have put into the Bill two exceptions in places with extreme geographical situations and no ready link to anywhere on the mainland. In the rest of the United Kingdom we are seeking one vote and one value.

Parliamentary Voting System and Constituencies Bill

Lord Touhig Excerpts

Monday 24th January 2011 Lords Chamber

[Lord Lipsey]

I accept my noble friend’s apologies, which have added to the gaiety at this time of night.

In this amendment, we move from Scotland to Wales, but I hope that this will not be the debate when we consider the general issues about the reduction of Welsh representation under this Bill from 40 seats down to 30 seats. That falls to be considered under Amendment 89BA, tabled by some of my noble friends, and we shall no doubt want to have a full discussion on that at the time.

This is about a single constituency, Brecon and Radnor, where I have the great privilege and pleasure of living, so I know a tiny bit about it. The aim of this amendment is very simple: to afford to Brecon and Radnor the protection offered in Clause 11 to the Scottish seats that we have just been discussing, so that the Boundary Commission may—not must—if it is satisfied that other factors make this desirable, decide that the seat is big enough as it is and should not be extended.

I do not rest my case on the fascinating political history of Brecon and Radnor. I was interested in it long before I lived there, because I visited it with the then Prime Minister Jim Callaghan in the run-up to the 1979 general election. At that time, it was one of the genuine three-way marginals in Great Britain. Indeed, it was held by Labour and Caerwyn Roderick, who was a junior Welsh Minister at the time. At the last general election, Labour’s share of the vote was 10 per cent, so I think that I can be absolved of any accusation that in trying to save Brecon and Radnor I am trying to advance my party’s interests. We have an excellent candidate, but I am not absolutely confident that even at the next general election the constituency will resume its status as a Labour marginal. It was also the site of an extraordinary by-election won by my near namesake and much lamented friend, Lord Livsey. It is right that the House remembers him when it debates this matter. I might be wrong, but I fancy that he might have spoken on my side had he been here still, as we all so wish he was.

Last week, one of my noble friends was widely quoted when he referred to prime numbers in the setting of the figure of 600 Members of the other House. When he was quoted on the radio, I think that he was regarded as making a rather jokey remark, not a serious point. I am about to venture into mathematics—knowing as I do that the noble Lord, Lord McNally, so loves it—to make a serious point, although I am aware that it may not appear quite so serious on the radio tomorrow. At first blush, it may seem that Brecon and Radnor has very few claims to be too large a constituency because it is much smaller in area than the Scottish constituencies that we have just been considering. Brecon and Radnor runs to 3,014 square kilometres, which is only one quarter of the square kilometrage of Ross et cetera—the constituency that we were just discussing. If you are a Member of Parliament, however, it is of course not the area of your constituency that determines how far you have to travel. It is, in fact—the noble Lord, Lord McNally, will be taking close notes at this point—the square root of the area, which determines the distance between the points of it.

In terms of its square root, the area of Brecon and Radnor is much less different from the area of those constituencies in Scotland. It is not a quarter of the size, as it is in area, but half. If it was a square constituency, journeys in Brecon and Radnor could extend to 55 kilometres—as opposed to 110 kilometres on average in the Highland seat that we were discussing—but, believe me, those journeys are also very long and difficult. The byroads of Brecon and Radnor compare with any in the kingdom for narrowness, snowiness and the general intervention of tractors between one’s vehicle and progress. The sheep outnumber the people, as my noble friend Lady Hayter points out, although I am not suggesting that the size of the constituency should be based on the number of its sheep as well as the number of electors.

There is also a particular difficulty if you decide to increase the size of Brecon and Radnor, as you would have to, because the size of the electorate at the moment is only about 54,000. It is that Brecon and Radnor is bordered on one side by England. We have talked about ward borders, but one thing that you cannot contravene within the rules of this Bill is national borders, so the constituency cannot move out to the east to take in Leominster or any of the county towns out there. To the south, you have the valley constituencies, which are already undersized and out of which it will be extraordinarily difficult to make natural constituencies in any case. If you pinch bits of the valleys and put them into Brecon and Radnor, you make their problems worse without creating a coherent Brecon and Radnor. As your Lordships will see, that gives only two possibilities. One is to extend to the west; the other is to extend to the north. Again, with my pronunciation difficulties I am not going to say which counties and constituencies that would mean extending into, but it gives the Boundary Commission a horribly difficult task in where it is going to find the 20,000 or so extra electors that Brecon and Radnor will need to bring it up to the same size.

What is certainly clear is that there can be no solution to those problems within the present boundaries of the county of Powys. For noble Lords who are not used to what happens in these sparsely populated areas, it is scarcely imaginable how large Powys seems, even now. My wife and I would pack the car with supplies for days to make a journey to visit the north of the county. It took me an hour and a half to get to a Labour Party meeting in the south of the county quite recently. These are enormous places, which, incidentally, create enormous difficulties for political organisations. The Brecon and Radnor constituency party is asking people to drive to meetings when they require an hour and a half or two hours’ drive to get to them, even now. Without the political parties, like them or loathe them, there would be no political life in this country. That is just a reality.

The thought of extending the constituency is difficult to stomach and the thought of the degree of the extension that would be required, given that there are no heavily populated bits anywhere near to north or west that you could add to it, is mind-boggling. This would be an absolutely enormous and unmanageable constituency. We must add to that a factor that I suspect applies in some of the Scottish constituencies, too—it certainly does in the Highlands and Islands, although not in every constituency—which is that, if you are the Member for Brecon and Radnor, every constituent expects you to know them by name, as, certainly, the late Lord Livsey did. This becomes such an unmanageable constituency that the Member, if he is to cope at all, will find it extremely hard to devote his attention to the other matters of national and international politics that should fall within the attention of Members.

I add finally that, so far as I can judge local feeling—I am not a Member of another place, so I probably do less door knocking than I would if I were—local feeling is extremely strong, if not yet as well articulated as in the Isle of Wight, that the constituency should be left as it is into the future. When noble Lords look at all these facts, the case for an exemption for Brecon and Radnor—I know that the noble Lord, Lord Hamilton, will not agree with it, but he would not agree with it for anywhere—is extremely strong. This amendment would make it possible for the Boundary Commission to make such an exemption, but that decision would rest with the Welsh Boundary Commission, so it would not be imposed by this House. If the commission found a flaw in my argument, of course I would subject myself, as would the constituency, to its judgment. I believe that the constituency should be given a chance to make its case to the Boundary Commission and I commend this amendment to the House.

[Lord Touhig]

Before my noble friend sits down, I hope that he will let me point this out. If Brecon and Radnor were to be extended north, it would go into Montgomeryshire. If it went west, it would go into Ceredigion. The electoral populations of these three parliamentary seats put together would only be enough for about two parliamentary seats under the criteria that the Government propose, so there would be two parliamentary seats from the heads of the valleys in south Wales to Wrexham in north Wales and west from the English-Welsh border to Cardigan Bay.

[Lord Lipsey]

My noble friend is entirely right and, if I had dared to pronounce the words that he has just pronounced, I would have made precisely the same points. The knock-on effect from changing this constituency would be absolutely extreme. It is an example, incidentally, on which the whole House might like to reflect, of the way in which one change leads to another change and eventually to a complete, wholesale redrawing of the constituency map, to whose consequences, it seems to me, the Government have given not one moment’s thought.

Parliamentary Voting System and Constituencies Bill

Lord Touhig Excerpts

Tuesday 16th November 2010 Lords Chamber

[Lord McNally]

As I have said before—I think that this has been put on record in the other place—if the general opinion is that the 8 per cent cut in the number of Members of Parliament is such a distortion of our constitution that the payroll vote should be trimmed, we will look at that. We will have plenty of time to do that, and we are on record as saying that we will do it. I will give way but we will have lots of time to discuss the issues.

[Lord Touhig]

I would hate the Minister, as a Liberal Democrat, to miss the opportunity to explain to the people of Wales why it is right that they should have a 25 per cent reduction in their representation in the UK Parliament. I am sure that all the Liberals in Wales are eager to hear that.

Elections: Fraud

Lord Touhig Excerpts

Monday 1st November 2010 Lords Chamber

[Lord McNally]

I am not sure that I agree entirely with my noble friend. Most of the inquiries about the conduct of our elections show a good performance in complying with the law. Many colleagues in this House must feel, as I do, that we went through most of the 20th century with the integrity of our voting system unquestioned. We were very confident about it. It is only in the past 10, or perhaps 20, years that we have become concerned about it. We are bringing in various measures to make it more difficult to perpetrate fraud in our elections, as did the previous Government. We have made it clear that, whatever the party, anybody who commits fraud will be prosecuted and may well face jail for that fraud.

[Lord Touhig]

In answer to my noble friend Lady Royall on 5 October, the Minister said:

“The Government do not have information and neither is this the Government’s direct responsibility in these matters”.

Then, in answer to my noble friend Lord Hughes, he said:

“As far as I understand it, specific complaints have been made in a range of constituencies and are being investigated”.—[Official Report, 5/10/10; col. 10.]

At that time, did the Government have information—yes or no? I refer the noble Lord to the Ministerial Code. Part 1.2(d) says:

“Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest”.

Why is it not in the public interest to tell Parliament if there is an investigation into fraud?

[Lord McNally]

I think that is straining things a little. What I said was that I am not directly involved: the police and the Electoral Commission are involved. There would be a lot more questions from that side of the House, and probably from this side too, if Ministers were directly involved in investigating electoral fraud.

Noble Lords: Oh!