Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness O'Cathain Excerpts

Tuesday 24th January 2012 Lords Chamber

[Lord Bach]

I will do my best.

[Baroness O'Cathain]

Perhaps I could say to the Minister that all my life I have lived by the statement that a man or woman who does not make a mistake does not make anything.

[Lord Bach]

That is absolutely right. I am just asking the Minister not to make a mistake on this issue; he should learn from my experience. Perhaps things were not quite as bad as I made out, but we should have spotted this as it shines out. It is not as though very high-cost cases did not come across my desk; my goodness, they did all the time.

The Minister will know that the majority of legal aid is spent on criminal cases. Over the years—although it shifted a bit as we made an effort at least to maintain what was spent on certain types of civil legal aid—the balance has been wrong. Criminal legal aid has taken more than 50 per cent of the budget and civil legal aid has been allowed to decline over a number of years. However, enough is enough as far as that is concerned. I point out to the Minister that the amount of social welfare law that has been taken out of the scope of legal aid equates to around £60 million. I do not need to repeat the figures that were mentioned by both noble Lords who spoke in this debate. The £60 million is dwarfed by the amount that it would be possible for the Government to get if they made wealthy defendants pay their legal fees.

When faced with an obstacle such as this, Governments sometimes become totally irrational and stick to their line, which can be completely hopeless and can sometimes not make sense at all. Common sense loses out completely. “No-brainer” is exactly the right word. The Government are faced with having to find money; there is a lot of heartfelt opposition to the idea that social welfare law, for example, should be taken out of scope; and there is a great deal of doubt about whether doing so will save any money at all—which in my view is the clinching argument. Here is a chance for the Government to take advantage of a sensible step. They have the power to do it and will have our support if they do. I very much hope that the noble Lord will at least consider carefully the very powerful representations made tonight in Committee.