(11 years, 7 months ago)
Commons ChamberI would also like to make the point—I can hear that there are concerns about this issue—that I am, however, aware of the strength of feeling that exists on this matter and on whether the Bill should contain a provision requiring non-natural persons trading for profit to show substantial financial loss. As we have made clear at earlier stages in the Bill, in order to satisfy the serious harm test, such bodies are likely in practice to have to show actual or likely financial loss anyway. However, I can confirm that we are prepared to consider actively that aspect of the Lords amendment further, and we will listen carefully to the views expressed in both Houses.
(13 years, 5 months ago)
Commons ChamberI was a legal aid family lawyer for 23 years before becoming an MP, and my husband continues to run our firm in Croydon. I declare an interest in the debate.
The Government’s plans to reform legal aid are brave and bold. The consultation has been taken seriously and important concessions have been made, but I continue to have some serious concerns. The plans rely on people being able to represent themselves, but what about people with learning difficulties, limited English or mental health problems? Those people cannot help themselves; they cannot do it. The plans rely on our hard-pressed voluntary sector dealing with the fallout from the legal sector, but our not-for-profit organisations are already overstretched and under-resourced.
Does my hon. Friend agree that many citizens advice bureaux—such as my own, South Hams—receive 55% to 65% of their funding from legal aid and are concerned about the time frame with the proposals being introduced in October?
My hon. Friend makes a good point, and change must be paced. Not for profit does not mean “No funds, please.” Those organisations still need cash just to stand still, let alone to deal with the massive glut of cases that will fall into their laps, but I am reassured and encouraged by what my right hon. and learned Friend the Secretary of State for Justice said about directing an additional sum of some £20 million towards them. That is very positive indeed.
The plans rely on judges, magistrates and tribunal chairmen having the time to assist numerous litigants in person, but I can honestly tell hon. Members that that time does not exist, because judges already have back-to-back lists. Delays in court will become even worse. The plans rely on less dependency on legal proceedings, but as I have said before in the House, mediation is no panacea. It frequently fails, especially in family cases, where there is often an imbalance of power between the parties. Where will all the mediators come from? Who will pay for them?