Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Karl Turner and Rehman Chishti

Wednesday 29th June 2011 Commons Chamber

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always an absolute pleasure to follow the hon. Member for Broxtowe (Anna Soubry). I agree with some of what she says, and certainly with her remarks on my Bill about dangerous driving.

I do not disagree with everything that the Government propose in the Bill, but I have concerns about parts of it. On civil liberties, for example, clause 12, which seeks to limit advice and assistance in a police station, is a mistake. It is no good for the Government to say that the previous Government proposed to do similar things; I am concerned about what this Government are doing. Section 58(1) of the Police and Criminal Evidence Act 1984 provides that people in a police station are entitled to legal advice from a solicitor in private consultation. That absolutely must remain. Clause 52 proposes to prevent people from recovering defence costs in Crown courts. If they pay their own fees, they will be prevented from recovering their costs if they are successful at trial. That is a mistake.

I am concerned that the Government seem to be ignoring advice. Some of it is very good—the hon. Member for Maidstone and The Weald (Mrs Grant) made some superb remarks about what effects she thinks the Government’s plans will have—but the Government seem to be passing it off as irrelevant and unimportant. [Interruption.] The hon. Member for Broxtowe says that that is not right, but I have seen it. The Bar Council has provided detailed proposals for alternative savings. I have seen no evidence of the Government’s acknowledging those proposals. That also applies to Law Society proposals. I agree with the remarks of the Bar Council, my professional body, that the Bill represents do-it-yourself justice, not access to justice.

Of course, solicitors, whether family or criminal—whatever the nature of the practice—are bound to want to protect themselves from cuts to their businesses. However, in my experience, publicly funded lawyers do not act just for money but because they want to help people, give them advice and protect them from often complex law. Lawyers always say that law is complex—we are bound to do that. I say it constantly, even to myself. However, it is genuinely difficult, and the procedure is often complicated. Lay people struggle with the most basic proceedings, and I have real concerns about the Government’s agenda. It is truly the most vulnerable who will suffer the consequences of the Government’s proposals.

Let us consider only a few of the matters that will be outside the scope of legal aid provision: clinical negligence, criminal injuries compensation, debt, education and employment. It is madness. Providing employment advice and assistance saves money in the long run. If a client goes to an experienced employment solicitor with instructions about a case, the solicitor is often the filter that prevents them from completing what is nowadays called an ET1 and getting it to a tribunal. That prevents costs in the long run. The Government have failed to recognise that.

[Rehman Chishti]

Employment tribunals do not currently have the power to order costs. What about a position whereby a malicious claim is made, someone defends their character and fights all the way but cannot be awarded costs at the end? Does the hon. Gentleman think that that needs to change?

[Karl Turner]

I am not sure. I do not think that I have time to consider the hon. Gentleman’s point properly and give him a fair answer. It worries me that, although the Government are trying to save money, not providing advice and assistance at this early stage will cost them much more in the long run.

Excluding housing law and welfare benefits will mean the most vulnerable in society suffering the most. The Chairman of the Bar said:

“The Government has failed to listen to the views expressed by many in the judiciary, the legal profession and voluntary organisations in formulating its proposals on legal aid.

Legal aid will be withdrawn from whole swathes of areas of law and access to justice will be systematically deprived.”

I agree entirely. He does not have an axe to grind. He has been in the profession for a terribly long time and should be respected for his professional opinion.

I could mention many solicitors in my area who have contacted me in recent days to warn me of the dangers of lack of access to justice. They make those points not because they are worried about not buying the next flash car, but because they represent people and they care about those clients. I mean that sincerely.