Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Masham of Ilton Excerpts

Wednesday 7th March 2012 Lords Chamber

[Baroness Mallalieu]

My Lords, I intervene very briefly to go back to the first of the speeches on this group, which have contained a number of powerful offerings, the speech of the noble and learned Lord, Lord Lloyd. He was kind enough to write to me and others setting out the figures that he gave in his speech. I found what he had to say deeply disturbing and something that I hope that the Minister will be able to help us with. If the noble and learned Lord, Lord Lloyd, is right, it appears that the Government did not do their figures correctly when the measures were introduced. These cuts, which are clearly very painful, are being advertised to the public and to this House as ones which will save money, but it is abundantly clear that when the figures are done properly—there has been no suggestion yet from the Government that the noble and learned Lord’s figures are incorrect—the proposals in Clause 45 will cost the country money. That is the basis on which we are going through this very painful exercise. I want to hear from the Minister how the Government can possibly justify taking that step.

[Baroness Masham of Ilton]

My Lords, in supporting the amendments, I just want to say that clinical negligence is such an important matter. I am told that one in 10 people can have a problem with clinical negligence. That should not happen. Much more care should be taken in patient safety. If there are cases of negligence, the health authorities have their own lawyers. If there is no legal aid for the patient, it means that there is not a level playing field. After all, it is all taxpayers’ money.

[Baroness Finlay of Llandaff]

My Lords, I sense that the House is getting to the point where this debate needs to draw to a close, so I will not go over the points that I was going to make at length, except to point out that there is a moral case and a financial case for both the first two amendments in the group. The moral case is that people are particularly vulnerable when they are in the hands of clinicians, their vulnerability being the reason that they need a clinical intervention. Therefore, closing down access to justice or compensation when things go awry seems particularly wrong.

I have a further point to make on allowing clinical negligence to come back into scope. The financial arguments, as already laid out by the noble and learned Lord, Lord Lloyd of Berwick, and in the report of King’s College London, indicate that on financial grounds alone both these amendments make sense. To repeat the figures given by my noble friend Lord Wigley, the cost to the public purse is estimated to be £28.5 million, as opposed to the £10.5 million that the Ministry of Justice hopes to save by this measure. We have heard a lot about the need to save money.

There could be unintended consequences from this calculation of increased, not decreased, expenditure. The intention behind the Government’s amendments is to be welcomed but I fear that there will be complications in, for example, trying to work out the dates of a pregnancy if a scan is not done in the first trimester. Women’s periods are notoriously unreliable as a method of establishing dates in a pregnancy, and arguments about whether it is one day or another will make life extremely difficult.

I end by pointing out that in his report Lord Justice Jackson said that of all the proposed cutbacks in legal aid, the removal of legal aid in relation to clinical negligence was the most unfortunate. He went on to state that if—in his view, wrongly—legal aid for clinical negligence was cut, then removing legal aid for expert reports would not make sound sense.