Housing and Access to Legal Aid

Debate between Jim Cunningham and Ruth Cadbury

Wednesday 16th May 2018 Westminster Hall

[Ruth Cadbury]

The hon. Lady is absolutely correct. The other problem if there is only one legal aid provider is that both parties might go to them. There are then problems, because to whom should it offer help and advice?

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my hon. Friend on securing the debate. Even when there are providers that can provide legal advice, such as Citizens Advice, cuts to their financial situations mean that it is thrown on us to help people out.

[Ruth Cadbury]

My hon. Friend is absolutely right. The cuts to local authorities and other parts of the public sector have affected the voluntary sector, which has so often been the alternative provider of professional, consistent, good-quality advice and support to people who need it.

There is currently no law centre in my area. When I was a lead member on Hounslow Council in 2010, we increased the funding for the citizens advice bureau, but demand for the local CAB escalated well beyond that. The philanthropic centres and foundations—the Big Lottery Fund and so on—are often left to pick up the pieces, but pressures on their funding are getting greater. Overall, less good-quality professional help and advice is available in the sector, and I urge the Government to address that as part of their review, which I will move on to in a moment.

As I was saying, MPs and councillors are not professional legal advisers. At best we should signpost and provide basic advice, but we do not have the capacity or skills to provide the detailed advice that people need, even at the early stages of problems arising. I will give a couple of examples that Vicky Fewkes of the Ealing law centre provided me with. They concern people who much of the time were not eligible for housing legal aid. In all cases, the welfare and benefits work that was done was under grant funding, not legal aid.

First, a constituent was in substantial rent arrears due to universal credit issues. Her tenancy was jointly in her name and that of her partner. However, she had been abused by her partner, which led to their separating and her partner moving out. Universal credit would not pay her full rent due to the tenancy being in both names. She was given time to transfer the tenancy into her name and resolve the universal credit issues. The adviser worked with her and managed to resolve the matter, and to retrieve about £5,000 in universal credit housing payments. She kept her home—at substantial cost to the public sector, of course. That case was not funded through legal aid, but I believe it should have been.

In another example, a constituent was in arrears of more than £2,500 following the stoppage of her employment and support allowance and housing benefit. She had four children, aged between 11 and 19, and she suffered from depression, anxiety and physical problems. Her housing benefit had been cancelled due to the required information not being supplied. The caseworker worked with her and her husband to claim backdated housing benefit. The caseworker liaised with the council and worked with the husband to answer all the council’s questions and provide the required evidence. The hearings were adjourned until the ESA and housing benefit issues could be resolved. The ESA decision was appealed and overturned, meaning that she eventually got a backdated ESA payment and £4,000 in housing benefit being paid into her rent account, meaning that she kept her home. She was a council tenant. If she had been a private sector tenant, that landlord would not have waited for her income situation to be resolved.

Vicky says of the crisis navigator role at the Ealing law centre:

“The Crisis Navigator is part of a Big Lottery funded Help through Crisis Project. This work is essential and is not being funded by Legal Aid as it stands at the moment. A lot of problems arise from insecure work (variable hours/zero contracts). These then impact benefits and rent arrears as a result. If clients are evicted if they are housed by local authorities, then the temp accommodation rent is so high and Housing Benefit is being paid for this.”

In my area, west London, housing benefit caps are well below the rent even for poor-quality private sector housing. Finally, Vicky says:

“It really would make sense to provide benefits support at an early stage.”

The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which I will refer to as LASPO, made fundamental changes to eligibility for legal aid. Under LASPO, applicants must pass three basic tests. The case must be within the scope of the legal aid scheme; there is a financial means test to pass; and there is a merits test, looking at the applicant’s chance of success in the case and a cost-benefit analysis of providing legal aid funding. Matters that are included in the scope of legal aid are homelessness; allocations; accommodation for asylum seekers; repossession of a rented home, but only when the loss of the home is imminent and the landlord has sought an order for possession; lawful and unlawful eviction from the home; injunctions relating to harassment; antisocial behaviour cases in the county court; disrepair, but only when there is a serious risk of harm to the health or safety of the occupiers; and judicial review. Areas that are no longer eligible for legal aid under LASPO are rent and mortgage arrears that may ultimately result in possession proceedings; early stage disputes between landlords and tenants—

Women and Low Pay

Debate between Jim Cunningham and Ruth Cadbury

Wednesday 18th November 2015 Westminster Hall

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I beg to move,

That this House has considered women and low pay.

The work that women do is crucial to the functioning of society, but their pay does not reflect that. Despite the fact that their qualifications are as good as, or better than, men’s, their skills are not rewarded to the same level as men’s, and their career progression is slower. We need to ensure equal pay for work of equal value.

This subject is vital for millions of women, and for their families and employers. Living on low pay means that women do not have enough money to give their children nutritious food, let them go on a school journey or take them on holiday. It means not being able to escape a violent relationship, losing much of their pay on the cost of fares to and from work, and not being able to save enough to cover even minor crises, such as the washing machine or car breaking down.

Forty-five years after Parliament passed the Equal Pay Act 1970, we are still to achieve equal pay. Forty-five years later, a 19% gender pay gap still exists. That is 3% higher than the EU average, despite the figure having reduced by a third under the last Labour Government.

When talking about women and pay, we often focus on high-paid jobs and the lack of women occupying positions in FTSE 100 company boardrooms. It is important to ensure that women have career progression, especially when the TUC has reported that the pay divide between men and women is nearly 55% among top earners.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my hon. Friend on securing this Adjournment debate. She is right: equal pay issues have been around for about 50 years—it is 45 years since the Act was introduced—and that is far too long in my book. More importantly, when women on zero-hours contracts apply for tax credits, they cannot get them, because they are not in steady employment. What does my hon. Friend think about that? Equally, women are discriminated against when it comes to pensions, because a lot of them spend most of their lives being housewives.

[Ruth Cadbury]

My hon. Friend is absolutely correct: this is about not just the low pay women receive, but the interconnection with zero-hours contracts, the benefits regime, tax credits and, of course, pensions, because a working life on low pay means a retirement on a low income.

Although the pay gap among top earners is nearly 55%, we also need to ensure, as my hon. Friend said, that we address women’s pay at the other end of the spectrum, among those who are stuck in low-paid minimum wage jobs, who are, too often, on a zero-hours contract. Indeed, the majority of low-paid workers are women, and three in five minimum wage jobs are held by women.

Every major piece of legislation that has improved the lives of women has been introduced by the Labour party. From the National Minimum Wage Act 1998 to the Equality Act 2010, Labour has always been at the forefront of the fight for equality. The Government certainly know how to talk the talk on equality, and the Prime Minister pledged to end the gender pay gap “within a generation”, but with 85% of Government tax and benefit cuts hitting women, Ministers are giving with one hand and taking from women with the other.

--- Later in debate ---

[Ruth Cadbury]

My hon. Friend is right. Children growing up in poverty do not have the same advantages and opportunities as many in their peer group. We cannot have a situation in which the adults of the future are not able to develop as they should in an equal, fair society.

Among examples discovered by the TUC of how brazen companies can be when they employ women was an advertisement in Wales for two seasonal roles—Santa Claus and Mrs Claus. Santa was to be paid a fair wage of £12 per hour, while Mrs Claus was paid the national minimum wage of £6.70 per hour. There was no difference in their job descriptions, and they both did the same amount of work, but the woman’s role was deemed to be of less value. That may seem like an interesting one-off, but it perfectly demonstrates how differently men’s and women’s work is valued 45 years after the implementation of the Equal Pay Act 1970.

Occupational segregation and the devaluing of work traditionally carried out by women, such as caring, directly contributes to the gender pay gap. That must be tackled and the Government must do more to diversify the labour market. As I have said, UK women earn on average 91% of what men earn. To put it another way, as of 9 November, just over a week ago, women are effectively working for free for the rest of the year. That is simply not acceptable in the 21st century. Progress has not been quick enough. Under Labour the gender pay gap reduced by a third—a trend that has, I admit, since continued; but while the gap has narrowed for full-time workers, it has widened for part-time workers and we must not be complacent.

[Mr Jim Cunningham]

My hon. Friend is very generous in giving way. It is difficult to see how Government policy can narrow the pay gap in the public sector when wage increases are held at 1%. Will my hon. Friend comment on that?

[Ruth Cadbury]

The public sector is in particular difficulties, but the reason for that is the incredibly tight constraints on its budgets. Having been a local authority lead member, I know the pressure and how difficult it is to juggle overdue pay increases and the need to retain jobs wherever possible, particularly in such vital sectors as social care.

The gender pay gap affects women from the day when they start work, and for the rest of their lives. Forty-five years after the passing of the Equal Pay Act 1970, we still have that gap. Earlier in the year Labour called for a new equal pay Act, acknowledging that the current one has simply not prevented inequality between genders. Indeed, the current Act puts responsibility for enforcing equal pay on women, by allowing a woman to take her employer to a tribunal, rather than making it a collective responsibility. Going to an employment tribunal is a difficult process, and it is now a costly one. First, the employee must be a member of a trade union if she cannot pay for a lawyer or represent herself, and many people are put off at that stage. However, if an employee is successful, the tribunal will instruct the company to do an equal pay audit; but how many women even get to that stage? Yesterday I participated in a Parliament outreach initiative on Twitter, and there was some debate. Women talked about their experiences, and many said they would not challenge an employer, even if they thought they were being paid less than their male counterparts. They feared being sacked. One woman said that equal pay audits might be useful, but that she feared many women would

“stay silent for fear of losing their jobs”.

The Government cannot simply point to the existing measures and say they are tackling the gender pay gap, when people do not have access to the tools that are provided. More needs to be done to make the tribunal process accessible, and to give women the confidence to challenge their employers about fair pay. There is also a need to move away from putting the responsibility on the employee to fight for equal pay, and towards collective responsibility. That is what Labour argued for at the beginning of the year. It is impossible for a woman to demand equal pay if she does not know what her male counterpart is earning. An equal pay audit should come at the beginning, not the end, of the process.

Where can we go next? In July, the Prime Minister proclaimed that he would end the gender pay gap in a generation. I welcome any efforts to address the hopeless situation we are in, but we need more attention paid to women on low pay, rather than simply focusing, as I fear the Prime Minister may have done, on women in highly paid jobs. I recognise recent efforts to address the pay gap between men and women, which are commendable. Legislating for companies that employ more than 250 people to publish the difference between men and women employees’ pay is a good way to push companies to pay men and women equally, to avoid embarrassment and public naming and shaming. However, traditional women’s employment in the five Cs—clerical, catering, caring, cashiering and cleaning—is often in smaller companies, which will not need to publish that information.

We must also acknowledge the need to address not simply the discrepancy between wages but the value of women’s work. The Government need a strategy to boost the esteem and pay of the jobs typically undertaken by women. Raising the minimum wage by the end of this Parliament and rebranding it does not fool me, or those women working for wages below the true living wage—the wage calculated as enough to live on. Cutting tax credits for millions of working families does not fool them either. The Government may talk the talk on equality but, while 85% of their tax and benefit changes fall on women, the cuts agenda compromises any chances of improvement for women on the lowest pay.