Housing and Access to Legal Aid

Jim Shannon Excerpts

Wednesday 16th May 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Mrs Main. I congratulate the hon. Member for Brentford and Isleworth (Ruth Cadbury) on bringing this issue forward. It is a pity that there are not more hon. Members here, but there are debates in the other Chamber and I suspect that is where most are.

We live in a time when there are more breakdowns in the home. The family home no longer has the nuclear family. This sad breakdown has life-changing aspects for the children. It also puts more pressure on housing, as more houses are needed. The necessity of legal support is a by-product of that. The hon. Lady outlined the issues we experience every day in our constituency offices, dealing with those going through a family break-up. The Relationships Foundation, in a report which I hope others have had a chance to look at, calculates that the annual cost of family breakdown has risen to an all-time high of £51 billion. That gives us an idea of the financial cost involved in the breakdown of couples and their lives. That figure—up from £37 billion 10 years ago—takes into account the cost to the taxpayer of families splitting up across areas including tax, benefits, housing, health, social care, civil and criminal justice, and education.

A BBC poll from the week before Christmas found that one in 10 of 16 to 25-year-olds had spent at least one month sofa-surfing, and it has been said that up to 60% of youth homelessness is down to family breakdowns. We want to address the issue of legal aid, and we would also address some of the issues of homelessness by doing so. Every one of us is concerned about homelessness. We cannot not be concerned, if we look at what is happening in our constituencies and further afield. Almost half of 15-year-olds do not live with both parents, which is double the OECD average. We also have one of the highest percentages of lone parents in Europe. These stats show not only the extent of relationship breakdowns, but the impact of those breakdowns upon housing in particular, and why we need to focus, as the hon. Lady said, on how we address those issues.

Family breakdown has put a lot more pressure on so many aspects of life. Further, with this amount of separation and difficulty, people need access to sound advice; moreover, they need help. This is about giving the right help at the right time to those who need it. It is up to us to ensure that there are mechanisms in place to provide the help and support that is needed for people to live their lives.

I do not watch much TV, but I do get the chance when I get home at about 11 o’clock or 12 o’clock at night, when “Can’t Pay? We'll Take it Away!” is on. That programme shows people in the most desperate circumstances. In some of those cases, the people have brought it upon themselves, but in many cases people find themselves in difficulties because they do not understand the legal system. They do not understand what the power of eviction means when the enforcement officers come to change the locks on the doors or ask them to leave. There are some important things to address there.

We need to put on the record our thanks to some of those charitable groups that step in to help those who are homeless and who have problems. There are many good people out there from church groups and community groups—all round good people, who do charitable work. I have had men in my office who have made personal mistakes. I am nobody’s judge in this world—far from it—and I never will be, but sometimes things happen and relationships break down. That is the nature of where we are. I can, however, do one thing, and that is to help that person. Those people have had to leave their family home and they have no idea of what to do next. They do not know what the Northern Ireland Housing Executive or housing associations are in Northern Ireland. They do not know how to change their tax code, address the issue of benefits and many other things. That all adds to the stress of the marriage breakdown. People have no idea of the help that should be received and often end up paying over the odds for sub-standard housing, which they feel they are unable to fight against and change.

The beauty of legal aid is that it allows people to understand the bare minimum they can expect of a landlord or a housing body. I have seen the look of fear on the faces of people who come to me. I have to refer them on for legal advice, as the hon. Lady mentioned, because I am not legally qualified. When they ask me about a legal matter, I have to say, “I do not have the capacity or ability to respond to that, but I can point you in the direction of someone who can.” It is our job to point them in the direction of someone who can give them legal advice.

Over the years, I have been fortunate to have a good relationship with the solicitors in the main town of Newtownards, where I have my advice centre. I can often phone up and ask them—without any charge— “What advice would you give to someone in these circumstances?” That is a rudimentary thing. They say, “Well, I suggest you do this, that and the other.” There are many people out there who would like to help. It would not be legally correct for me to give them advice. When I know that someone does not have the money for legal advice, I make phone calls to the solicitors that I know in town.

Legal aid is a way of enabling those who work, but cannot afford a legal battle to know their rights and, more importantly, to have access to justice. We have to have access to justice to help the people in the greatest need. The Independent recently produced an article, which I will quote for Hansard:

“Households earning more than £2,657 a month before tax are excluded from legal aid, while many that earn substantially less than this are only eligible for partial financial help…Some of those who qualify for legal aid but are not on state benefits still have to make a contribution towards the cost—at a level which is often far beyond their means.”

That is what I see in my office and, I believe, other hon. Members see in their offices and in their contact with their constituents.

Although I disagree with legal aid funds being used for multimillion-pound test cases—I do not want to see that money going there—which has become all too common, I firmly believe that legal aid access must be expanded to those who work but who still live hand-to-mouth. Let me back that up with some figures. It has been stated that 60% of families living in poverty in Britain have at least one member of the family working. They work to live and cannot afford the luxury of legal advice. As the hon. Member for Coventry South (Mr Cunningham) said, many of the people who come to me have a low wage and are unable to afford legal aid. They are in a grey area that, unfortunately, precludes them from seeking legal advice. It is also telling that of that 60%, the majority live in private rented accommodation and therefore may need access to legal advice, and yet are precluded from that as well.

I look to the Minister for some help, ever mindful of this debate. I presume the shadow Minister’s contribution will be close to what we are all saying. We look to the Minister for a response. We need to look again at the perameters of legal aid and stop those who use public money to fund their personal agenda, while still allowing those who are being treated unfairly, yet cannot afford to pay the price of justice, to access legal aid, especially in the realm of housing.