Legal aid

Guto Bebb Excerpts

Tuesday 14th December 2010 Westminster Hall

[Mr Andy Slaughter (Hammersmith) (Lab)]

It is a great pleasure to serve under your chairmanship this morning, Mrs Riordan, and to be opposite the Solicitor-General. It has been a privilege to listen to so many well-informed speakers from both sides. Although it invidious to pick out people, I will do so by saying that my hon. Friend the Member for Islington North (Jeremy Corbyn) and the hon. Member for South Swindon (Mr Buckland) showed their decades of experience in dealing with such matters. I hope that the Minister will listen to them and to other contributions that are made during the consultation process, and realise that mistakes have been made in the proposals to cut legal aid.

I pay tribute, too, to my hon. Friend the Member for Westminster North (Ms Buck), who is standing down as chair of the all-party group on legal aid, for her unrivalled record in pursuing such matters and for securing the debate today. Like her, I will mention my not-for-profit agencies. For the past 20 years, I have had the pleasure of serving on the management committee of Hammersmith and Fulham community law centre, which does a fantastic job. Threshold housing advice and the Shepherds Bush advice centre were also excellent but were closed this year because of the withdrawal of local authority funding. The law centre, too, has lost all its local authority funding and is therefore under threat. I am talking about a pattern that is all too familiar.

The practitioners of legal aid, many of whom are here today, will be among the most astute and trenchant critics of all Governments when it comes to supporting the service. Even they would concede that Labour Governments, over the 60 years since the service was introduced, have—perhaps by taking two steps forward and one step back at times—increased the scope and eligibility of legal aid. Having said that, and, to save the legs of any Members on the Government Benches who want to stand up and read the Whips’ briefing about what we would cut, I shall add, “Yes, we were in a period of retrenchment and yes, there would have been cuts.”

[Guto Bebb (Aberconwy) (Con)]

rose—

[Mr Slaughter]

I will not give way because there is only a short time left. There would have been cuts under a Labour Government. In some respects, we would have made cuts to private family law, although we should look again at the definition of domestic violence, as the hon. Member for South Swindon said. We would, I think, have taken a much more forensic look at criminal legal aid, which has just been brushed over. However, we would not have made cuts to social welfare legal aid. I pay tribute here to Lord Bach who, over a period of years as Minister, supported, defended and spoke out for social welfare law, and, as a Government, we did a very good job in protecting it and we would have gone on protecting it. Given the short time that we have to debate this subject, I shall devote my remaining comments to that area and follow the lead given by Members speaking today.

The briefing from the citizens advice bureau states that

“proposals to exclude most social welfare law issues from scope will mean over half a million fewer people getting help every year”.

That is the first statistic. What types of people are we talking about? Many examples of them have been cited this morning, including parents going to special educational needs tribunals; tenants facing problems of harassment or disrepair; disabled people whose welfare benefits have been cut; and people who have been unfairly dismissed. In the vision section—I am sure that no irony was intended—of the business plan for the Department, it says the aim of the programmes is to have a legal aid system

“that supports those at greatest risk, not those who are most litigious.”

Rather than being the “most litigious”, I see such people as being the most vulnerable in society.

When the Lord Chancellor made his statement to the House on 15 November, he talked about the back-to-basics principle of the Green Paper. This is very basic indeed. A truer account was given in the Sunday Telegraph the day before—if one wants the fullest account of Government policy, one should always look in the papers the day before the statement is made to the House. The Sunday Telegraph, which is no great friend of legal aid, said:

“Legal Aid for civil cases will all but disappear.”

I do not think that that is an exaggeration. There are to be cuts of 23% in the Ministry of Justice, which is one of the highest cuts of any Department, and a cut of a third in the civil legal aid budget and a 42% projected fall in the income of legal aid practitioners. The impact assessment that goes with the Green Paper says that there will be a cut of up to 92% in the legal aid funding for the not-for-profit sector.

How can the Minister defend, or explain, cuts of that order, which effectively wipe out the not-for-profit sector? Effectively, there will be a 15% cut in the CAB’s funding. For law centres, there could be a cut of up to 50%. Furthermore, as my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) pointed out, the financial inclusion fund faces an uncertain future. What is the future of that fund in the new financial year, because it alone provides 10% of CAB funding? Moreover, it was praised by the National Audit Office very recently as providing good value for money and a high-quality service.

I do not have time to go through each area of practice. I am very grateful—and I am sure that the Minister is—for the briefings that have been provided by Shelter on housing, the Special Educational Consortium and many others because they highlight the effect that these cuts will have on issues such as disrepair, allocations and the challenging of rogue landlords. The SEC’s briefing gets rid of the idea that it is a litigious organisation or that it is intent on making mischief and going to court for no reason. It states that

“most parents win their appeals (82%) once they reach the Tribunal itself, and in 30% of registered appeals the local authority concedes before the case reaches Tribunal stage.”

That is very much the case as regards clinical negligence as well. We must look at the defendants in many of these cases and consider why they are fighting them. A highly respected practice of clinical negligence solicitors told me that once legal aid is withdrawn, it will not be economic for it to take cases in which damages will be less than £100,000.

In the few moments that I have left, let me run through a few of the practical problems that the Government have not addressed when they put forward their glib response to making cuts in this area of civil legal aid. Some 10 problems have occurred to me over the course of 10 minutes. Will other agencies pick up the cases that will no longer be covered by legal aid? The Government say that the Child Poverty Action Group, Age UK, Shelter and the Disability Alliance will, but have they been approached and what have they said in response? We have been told about other funding streams. I began my remarks by talking about what had happened in my own constituency and that picture is repeated all over the country. Other funding streams have already been cut. Law centres are surviving on funding from the Legal Services Commission, because local authority funding has already been cut.

Several Members have explained that such matters are complex and often inter-related. A debt problem often arises because there has been a benefit or employment problem. Tackling one but not the other is not an option. What about the economic viability of the not-for-profit sector? Is it feasible for the Government to make swingeing cuts but cherrypick the parts that will remain? I do not believe that it is, or that many law centres or private firms will survive under such a situation.

The issues of self-representation have been raised by Ministers in regard to this matter. In response to a parliamentary question from my hon. Friend the Member for Coventry South (Mr Cunningham), the Minister with responsibility for legal aid said:

“In most cases individuals will be able to”—

this is talking about welfare benefits—

“prepare their appeal to the First-Tier (Social Security and Child Support) Tribunal without formal legal assistance.”—[Official Report, 22 November 2010; Vol. 519, c. 115W.]

I am afraid that the Government are living in cloud cuckoo land, and their own figures do not support that claim. Some 40% of cases going to incapacity benefit appeals are successful with no representation and 67% are successful with representation. One of the solicitors firms that briefed us in preparation for this debate said that it had an 82% success rate in challenging employment support allowance cases, as against a national average of 40% where there is no representations.

The gateway has been mentioned. There is nothing wrong with telephone advice, but it cannot take the place of advice that is provided in person. With telephone advice, documents cannot be shown and people who have learning or language difficulties simply cannot use the telephone for that service.

Vulnerable people are not considered in this Green Paper. Unlike in the Bradley report in 2009, which dealt with people with learning difficulties and mental health difficulties in the criminal law system, no regard seems to have been given to those people in the Green Paper. Little regard has been given to the equality impact assessment, as demonstrated by the figures given by my hon. Friend the Member for Westminster North. The eligibility criteria are so restrictive that very few people will get any access to free advice in this sector at all. The cost issues have also been raised, including the fact that this change is, in effect, a false economy that will cost more in the long run than it saves.

Another point that has not been raised yet is the fact that courts and tribunals will be clogged by litigants appearing in person and legal practitioners—the Solicitor-General was a legal practitioner for many more years than I was—will realise that this change will be a nightmare for the judicial and court system.

Those are only a few of the issues that need to be raised. I hope that the Solicitor-General can respond to many of those points and if he cannot do so, I hope that he will write to my hon. Friend the Member for Westminster North and to other Members who have taken part in this debate.

This is only the beginning of the debate on legal aid; the debate will continue until the end of the consultation period, in the first instance. However, I hope that the Government realise that there are serious issues that have not been properly addressed in the Green Paper and they need to be addressed if we are to have a continuing civil legal aid system in this country.

[The Solicitor-General (Mr Edward Garnier)]

I congratulate the hon. Member for Westminster North (Ms Buck) on introducing this most important subject to Westminster Hall this morning. As the hon. Member for Hammersmith (Mr Slaughter) has said, she is the founder and chair of the all-party group on legal aid and I am sorry to hear that she is stepping down from being chair of that group. However, I hope that she will continue to take a close interest in this area of public policy.

I am speaking in the absence of the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), but I think that it is fair to say that legal aid is an acutely difficult area of public policy. Everyone who has spoken today—those who have spoken directly and those, such as my hon. Friend the Member for New Forest East (Dr Lewis), who have intervened—approached the debate with no sense of political malice.

I think that in all our constituencies we find areas where there is a huge need for legal assistance; both legal advice and legal representation. My reply to this debate will be incomplete and will not come with the knowledge that my hon. Friend the Under-Secretary of State would have brought to it, since I have taken on this—I was going to say “case”—reply for the Government from another Department, which is normally a rather non-speaking Department.

Nevertheless, I hope that hon. Members will understand that we are at the very beginning of the consultation process, which will end in February, as the hon. Member for Hammersmith said. So I urge all those who have spoken in the debate and all those who have listened to it to participate in the consultation process. I also urge all those who have contacts with others outside Westminster Hall to encourage them to participate in the process, too. It is a deliberately lengthy consultation process, so that the Government can receive the benefit of the advice and the experience of those who know a great deal more about the matter than I do, and who provide advice and assistance.

The hon. Member for Westminster North and many other Members have today praised—quite properly and justly—the work of their citizens advice bureaux and not-for-profit advice providers in their constituencies. One that does not have to represent a constituency such as those of the hon. Lady or that of the right hon. Member for Tottenham (Mr Lammy) that, on the face of it, is challenged economically and socially to know the importance of those providers. One can represent a constituency such as mine that, on the face of it, appears to be prosperous but that has pockets of deprivation and great need for social welfare.

[Guto Bebb]

I would like to associate myself with many of the comments that have been made, especially those of my hon. Friend the Member for South Swindon (Mr Buckland). However, one particular issue that concerns me as the MP for a very rural constituency is the real possibility that we will end up with the hinterland of my constituency of Aberconwy not having any legal aid representation whatsoever, with people having to make round trips of 40, 50 or 60 miles to access support. Will my concern be addressed by the Ministry of Justice?

[The Solicitor-General]

I am sure that the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon, will ensure that the Ministry of Justice addresses those points and I am certain that my hon. Friend the Member for Aberconwy (Guto Bebb) will want to participate in the consultation process.

Another point that occurred to me as I listened to the debate is that none of the arguments that I heard this morning is new. Indeed, I was making some of them myself between 1997 and 1999 as the Opposition spokesperson for the Lord Chancellor’s Department, when Geoff Hoon was the junior Minister dealing with this area of public policy. He was introducing proposals that turned into the so-called Access to Justice Act 1999. At the time, I suggested to him that those proposals would have had Attlee spinning in his grave.

However, to be in government is to have to make decisions and choices. The main factor that we have to address at the moment is the economic difficulties that the national budget faces. Every day, we are paying £120 million in interest payments alone. Would it not be better if we could spend that money on legal advice and representation? However, we have to make choices and I do not think that the hon. Member for Westminster North ducked that issue. In essence, she said that she accepts that choices have to be made, and that reductions in public expenditure have to be made. It is the pace with which and the areas where the cuts are made that she finds controversial.