Legal Aid, Sentencing and Punishment of Offenders Bill

Kate Green Excerpts

Wednesday 2nd November 2011 Commons Chamber

[Stephen Lloyd (Eastbourne) (LD)]

I rise to speak on new clause 17. I pay tribute to the hon. Member for Makerfield (Yvonne Fovargue), who was the chair of the all-party parliamentary group on Citizens Advice before I took over. I endorse what my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) said. Originally we wanted to speak to amendment 149 under the social welfare grouping on Monday night and it was disappointing that that group was not reached. Consequently, although I do not agree entirely with new clause 17, I am minded to support it, particularly given how it relates to Citizens Advice.

Some of my points have been made by my right hon. Friend the Member for Carshalton and Wallington. I reiterate that at a time when we are making radical changes to the welfare system by introducing universal credit, replacing disability living allowance and making substantial changes to employment and support allowance, it is unwise to withdraw the support for people who are challenging bad decisions. As we all know, in the process of reform, mistakes can be made. As I am sure the House is aware, the introduction of ESA has generated a significant volume of appeals and 39% of ESA appeals are still being found in favour of the appellant. The position of the Department for Work and Pensions is that welfare advice should not be funded on issues of benefit entitlement because advice is available through DWP agencies such as Jobcentre Plus. However, I strongly believe that the solution is not to take welfare advice out of the scope of legal aid altogether, but to make appropriate distinctions over whether problems involve issues of complexity.

[Kate Green (Stretford and Urmston) (Lab)]

I support a great deal of what the hon. Gentleman is saying. Does he agree that it is inappropriate for people to rely only on advice from Jobcentre Plus when they may need advice because they wish to challenge the decisions of that agency?

[Stephen Lloyd]

I agree with the hon. Lady. It is good to see her taking part in the debate, because she sat on the Work and Pensions Committee with me before she was promoted to her very high place. She makes a strong point that emphasises that the solution is not to take welfare advice out of the scope of legal aid altogether, but to make appropriate distinctions, as it states in new clause 17, over whether problems involve issues of complexity. The issues that end up before tribunals are often extremely complex and involve the interpretation of statutes and case law precedent. It is wholly unrealistic to expect somebody without specialist knowledge to undertake that. Legal advice is essential, in my view, to the fairness of the appeals process.

--- Later in debate ---

[Yasmin Qureshi]

I thank the hon. Gentleman for that observation, and I agree with him.

I shall conclude my remarks, because I know that we want to get on to the next piece of business. My fundamental plea is this: please do not take away the right to legal advice at a police station.

[Kate Green]

I want to ask the Minister two questions about social welfare law. I also feel obliged, even at this late stage in the debate, to speak briefly to the three amendments standing in my name—amendments 69, 70 and 71—which have not yet been debated.

My first question for the Minister follows the sensible remarks of the hon. Member for Eastbourne (Stephen Lloyd) earlier about how the Government are making significant legislative changes to a number of areas in social welfare law. They include some that he mentioned, such as the introduction of the universal credit and the changes to disability living allowance. I would add to that the substantial changes to housing, child maintenance and the immigration system, where I can already report a shortage of supply in my constituency when it comes to accessing good advice. If legal aid is not to be available to take people through what will be a period of incredible complexity and confusion, what discussions has the Minister had with ministerial colleagues in other Departments to ensure adequate provision and funding for people to receive advice, at least in this transitional period? Failing to put that funding in place will cost the Government more rather than less.

My second question for the Minister relates to the additional £20 million of funding that has been made available to support advice agencies—or really, to cope with the loss of legal aid coverage in certain categories of law. That is particularly important in my constituency, because Trafford law centre stands to lose almost all its funding, given that it is currently funded by an immigration contract and an employment contract, both of which will go. It also receives Equality and Human Rights Commission funding, which is due to end, with a small and diminishing proportion of its funding coming from the local authority. Can the Minister tell us a bit more about the £20 million fund, which my law centre is understandably interested in, but which it rather suspects has already been earmarked to support agencies elsewhere? Is it a one-off fund or will it be available in future years? What is the process for deciding how the money will be disbursed?

Finally, my amendments 69, 70 and 71 deal with the transfer of Legal Services Commission staff to the civil service, which the Minister spoke about in his opening remarks this afternoon. My understanding is that the Bill is proceeding on the assumption that TUPE will not apply to the transfer. Of course, only the courts can finally determine whether that is the case, but in any event, the Bill should proceed on the basis that transferring employees will have at least the same protection that would apply if TUPE applied. In any event, what should apply is the Cabinet Office statement of practice on staff transfers in the public sector, paragraph 19 of which says that

“transfers at the instigation and under the control of Central Government will usually be effected through legislation,”—

as is true in this case—

“in particular those involving Officeholders. Provision can then be made for staff to transfer on TUPE terms irrespective of whether the transfer is excluded from the scope of the Directive implemented by TUPE. Departments must therefore ensure that legislation effecting transfers of functions between public sector bodies makes provision for staff to transfer and on a basis that follows the principles of TUPE along with appropriate arrangements to protect occupational pension, redundancy and severance terms.”

I was grateful for the assurances that the Minister offered this afternoon on some of those points, and I understand that transferring employees will be offered membership of the premium section of the principal civil service pension scheme. I accept that that is at least as favourable as the Legal Services Commission’s own pension arrangements. The terms on which members of the LSC scheme can transfer their accrued rights to the civil service pension scheme will no doubt be set out in the transfer scheme contemplated in schedule 4. Will the Minister confirm that my understanding of the position is correct?