Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Howe of Idlicote Excerpts

Tuesday 20th December 2011 Lords Chamber

[Baroness Whitaker]

My Lords, I will be brief. Very much following the speech of the noble and learned Baroness, Lady Butler-Sloss, I should like to add another slant to why the amendment should be supported. The trouble is that Clause 1, as it stands, does not confer access to justice. The wording does not make it clear that such a provision will meet individuals’ needs. It could be minimal, perfunctory and partial, and yet still comply.

What individuals need is the crucial element of what my noble friend Lady King of Bow called in her Second Reading speech the state’s compact with the citizen: that is, if the rule of law is unintelligible and unavailable to the citizen, their rights and responsibilities are withheld, so not only is the individual deprived of what they might be entitled to but democracy is significantly eroded. We should not allow the wording of Clause 1 to be unamended, and I hope that the Minister will recognise that.

[Baroness Howe of Idlicote]

My Lords, we have heard legal speeches from the top lawyers in this country, and no one should fail to recognise that. In particular, as my noble and learned friend Lady Butler-Sloss said, this is a very modest amendment that clearly takes account of the situation that we are all in. However, those of us—and there are many in this Chamber—who sat through Committee on the Welfare Reform Bill know very well where the needs are. There are needs other than those who are disabled or have special needs. As we heard, I think a couple of days ago, there are those who suddenly hit crises and need help.

Above all—from the way I look at these things; I wish we knew more—I support my noble friend Lord Ramsbotham’s plea for rehabilitation. One should consider the amount of money that we could save if we actually addressed the point about early intervention and all the matters that are now rising to the top of the list of things that are accepted but to which we are still not prepared to give the resources that are needed.

I also realise that there are difficult loyalties between members of the coalition. One or two of your Lordships have made their position clear, and I admire them for it. It is difficult to vote against your party. I almost beg the Minister to realise that the amendment would meet his and the coalition’s needs and should be accepted.

[Lord Thomas of Gresford]

My Lords, I have been involved with legal aid for longer than anyone except my noble friend Lord Phillips. I started in 1958.