Legal Aid, Sentencing and Punishment of Offenders Bill

Gerald Kaufman Excerpts

Wednesday 29th June 2011 Commons Chamber

[Sir Gerald Kaufman (Manchester, Gorton) (Lab)]

This Bill has not had a good reception on either side of the House of Commons. Several hon. Members have referred to the impact of these changes on women who suffer domestic violence and who will be ineligible for legal aid under the Bill because the evidence that they will be required to present is far too restrictive. Because of these proposals, there is likely to be an increase in the number of women being cross-examined by a perpetrator in detail about the physical or sexual violence that they have experienced. That will mean that a woman who is already a victim will be re-victimised.

My constituency is one of the most deprived in the country. The latest figures show that we have 9.7% unemployment. What the Government have done across the spectrum in ending the health in maternity grant, ending the education maintenance allowance, cutting Sure Start and increasing tuition fees will mean that life is harder for the people who sent me to Parliament. This Bill is yet another instalment in what they are doing to the people of Gorton and the people of Manchester. In the past two years, two independent advice centres in my city have closed down. Manchester Advice, which had about 100 staff providing advice on welfare rights, housing and consumer affairs and debt, closed in April. All that is left is the community legal advice service and a couple of solicitors who have a contract for rather less than £3 million over three years but are facing a 10% cut in October. In any case, none of the specialists’ work will be funded when the contract expires in two years’ time.

South Manchester Law Centre in my constituency struggles on with a small immigration contract. The situation is such that the law centre may well be destroyed, and that is the body to which my constituents with immigration problems have to turn. That means that they will increasingly have to turn to their Member of Parliament or pay exorbitant sums to grasping, greedy solicitors. There are now only two legal aid immigration advice providers in Manchester, but within three miles of South Manchester Law Centre there are 50 solicitors firms, and at least the same number of non-solicitors, all anxious to part vulnerable people from their money. On Friday evening, I shall have my constituency surgery, and people will come to me and tell me of the hundreds of pounds they are being forced to pay because of the lack of adequate free advice that is so essential to them.

Again and again, this Bill damages the people who can least survive the damage. In Manchester, there will be some £2 million-worth of cuts in the civil legal aid budget, approximately two thirds of which are directed at people who are currently eligible for legal aid, while one third will come from remuneration cuts to providers who will be expected to do the same work for less money. All that affects the same people who have been hit by the cuts in public service delivery. The majority of the 6,500 people in our area who have used the civil legal aid service come from low-income households, and they are predominantly women, black and minority ethnic people and sick and disabled people. People with mental health problems and other disabilities experience much higher rates of unemployment, homelessness and discrimination, and they will be disproportionately affected.

Again and again, we hear examples of how people in my constituency and more widely will be damaged. The areas of welfare benefit, employment and debt, except for cases in which the client’s home is at immediate risk, will be removed completely from the legal aid remit, and such access as there will be to legal aid will become more difficult. For example, the community legal advice helpline has an 0845 prefix, which is expensive for people to dial and, in addition, people want and need face-to-face advice. They do not want to talk to somebody who will not be able to see or assess them; they want advice from other human beings who care about them.

People with learning disabilities and mental health issues prefer to receive advice in person in order to pick up on non-verbal signals and to build the trust necessary to talk about their problems, because people are shy, reluctant and, sometimes, ashamed to talk about their problems. Women who suffer domestic violence put up with it because they are ashamed to talk about it and ashamed about getting into the predicament.

We are faced with a Government who are taking away from people who need the services that members of the Government do not need and have never needed, so they do not understand the damage that they are causing. I say to the Government and to the many Government Members who have had the decency to talk about their misgivings, let us try to improve the Bill, because people’s lives, well-being, peace of mind and domestic situations all depend upon it. We cannot go on like this—victimising those who are already victims.

[Several hon. Members]

rose—