Future of Legal Aid

Adrian Bailey Excerpts

Thursday 1st November 2018 Westminster Hall

[Gloria De Piero (Ashfield) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey.

I congratulate my hon. Friend the Member for Hammersmith (Andy Slaughter) on securing this important debate. He pointed out the key target of those legal aid reforms—that those who were most in need would get legal aid. That is why we are having the debate—because we do not believe that that principle has been upheld. He put three key asks to the Minister, and I hope that she will respond to them.

It is essential that, regardless of someone’s wealth or background, our justice system should be easily accessible so that everyone is on the same playing field when it comes to the law of the land. My hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) gave us a historical perspective on how that principle came about. Government cuts of a third in overall spending on legal aid since 2012 have, however, made a mockery of that principle. To quote the words of the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), the pendulum has swung “too far” the other way.

There are many reasons why people may find that they need legal aid, unfortunately, and we have heard many of them today from speeches and numerous interventions, in particular from Opposition Members. Very real problems have been addressed, to do with issues including housing, benefits, those with disabilities, and immigration, where people simply feel as though they are on their own. Like me, the hon. Member for Strangford (Jim Shannon) does not come from a legal background, but as a constituency MP he gave a perspective on what is happening on the ground and why reform is needed.

When people have fallen on hard times, the last thing that they can cope with is a lengthy battle to get legal representation or, worse, learning to represent themselves in court, and yet that is exactly what the Government are forcing people to do. Legal professionals have warned of a sharp rise in the number of people forced to represent themselves in court to access the justice that they deserve. Will the Minister tell me what the rise in litigants in person has been?

Recently, we learned that the Equality and Human Rights Commission is launching an official inquiry into whether legal aid cuts have left victims of discrimination barred from justice, after BuzzFeed News revealed that not one person with a discrimination complaint against an employer or business had been referred to see a legal aid lawyer in 2016-17. The number of people receiving any publicly funded legal advice at all in discrimination cases has fallen by almost 60% since the Government’s changes. Will the Minister tell us whether there been a 60% drop in discrimination? I sincerely doubt that.

A particularly pernicious aspect of the Government’s attacks on legal aid is the impact on victims of domestic violence. It is well known that abusers often use the legal system to continue their abuse. There are a number of issues with the Legal Aid Agency’s assessment of women’s financial eligibility for legal aid via the means test. Such tests too often result in women making unaffordable contributions, or even having to sell their home to pay legal fees. I am pleased that the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), from Plaid Cymru, talked about the re-traumatisation process that that puts survivors of domestic violence through.

Justice is being denied not only in those areas of law that have been specifically removed from the scope of legal aid. According to the Law Commission, advice deserts have appeared throughout the country, because the huge legal aid cuts have had the knock-on effect of forcing providers and law centres to shut up shop, providing a barrier to legal aid even for those who are eligible. That point was made particularly forcefully by my hon. Friend the Member for Westminster North (Ms Buck). My hon. Friend the Member for Great Grimsby (Melanie Onn) talked about the shortage of reliable legal advice and about the danger of unqualified organisations giving advice. She discussed the impact of court closures on access to justice. As a fellow—sister—Member of Parliament who represents a town, I know about the public transport challenges and all the other difficulties that court closures will create in constituencies such as ours.

Charities such as Shelter have warned that thousands of people a year are being made homeless because they cannot find lawyers to help them to prevent eviction. Vulnerable people are being left to fend for themselves, which is totally unacceptable. The human cost of LASPO is clear, but surely there should be some benefit from the Government’s decisions. One might assume that the Government are saving money through the cuts, which could be reinvested in other worthy causes. Yet, as is so often the case with the Tory austerity agenda, the cuts are economically short-sighted. As a result, the taxpayer is footing a huge bill.

The Government recently revealed that the justice budget has, in real terms, fallen by 40% since 2010-11. The Law Society, however, has found that the restriction on access to early legal advice and the sharp rise in litigants in person mean that many more cases end up in lengthy court hearings, rather than being resolved elsewhere. My hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) brought in her experience as a former trade union lawyer of how early legal advice can help the system to run smoothly and economically. Mediation starts have fallen by 55% since 2012, forcing into the courts more cases that previously could have been settled.

Does the Minister agree with the President of the Supreme Court, Lady Justice Hale, who said that LASPO cuts are likely to provide a “false economy” because of increased pressure on courts? The charity Citizens Advice estimates that every £1 of legal aid spent on housing advice could potentially save £2.34 for the public purse, and that lack of support to resolve a case early means potentially far more costly court proceedings down the line. Those hidden costs must be factored into any assessment of the savings made from legal aid cuts. Will the Government, as part of their review of legal aid, publish their own cost-benefit analysis of the wider impact of reducing early legal advice?

A Labour Government will return all funding for early legal advice, because we know that prevention is better than cure. We will re-establish early advice entitlements in the family courts, restore legal advice in all housing cases to protect 50,000 households a year against rogue landlords, and review the legal aid means test. We will change the rules for legal aid at inquests, so that bereaved families are not left to fend for themselves against an inequality of arms. That is a fitting proposal, given that it is a year to the day since the chair of the Hillsborough Independent Panel and adviser to the Home Secretary called for legal aid to be granted to families who lost loved ones in the disaster, so that they can be represented at inquests. Will the Minister tell us whether the Government have any plans to do the same?

There have been changes this year to the advocates’ graduated fee scheme by which legal aid criminal barristers are paid, provoking a backlash both from lawyers and in this House. Labour forced a vote against those measures. The Government responded to the threat of further action from lawyers with a Ministry of Justice announcement of £15 million to go into a new criminal Bar funding scheme. There are now complaints that that deal could be reneged on, and many are concerned that the funding will be more like £8 million. Will the Minister tell us whether the Government will honour the letter and spirit of that deal, and confirm a date for the implementation of the new scheme?

We welcome the review of the impact of LASPO, but for many victims it comes far too late and without a clear timetable or commitment to act on any recommendations. Will the Minister confirm when the review will conclude, which organisations the Government have consulted and when they plan to introduce any recommendations? For the sake of the thousands of people harmed by those measures, the Government must take seriously the concerns of service providers, legal professionals, court staff, the chair of the Justice Committee and victims themselves, and act to restore access to justice for the most vulnerable in our society.

[Mr Adrian Bailey (in the Chair)]

I understand the Minister has an enormous number of points to respond to, but if she could give Mr Andy Slaughter a chance to wind up the debate, I am sure we would all appreciate it.