Sentencing Reform/Legal Aid

Debate between Lisa Nandy and Lord Clarke of Nottingham

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

My hon. Friend has much greater expertise on the practice of family law than I do, so I rely on her and listen to her opinions with great attention. I have discussed these matters with her before. We have to get the balance right. At the moment, the generosity of the legal aid system compared with other systems is bringing more things into adversarial litigation than would otherwise be the case. Expansion of mediation is the better way of proceeding, and I hope that my hon. Friend will contribute her expertise to our development of the mediation system.

[Lisa Nandy (Wigan) (Lab)]

The Secretary of State has spoken about the need for alternatives to the courts, so will he tell us what alternatives are available to victims of human rights abuses by multinationals, as in the Trafigura case, if the success fee on which many of those cases depend is no longer recoverable?

[Mr Clarke]

If, as I gather from her question, that case was conducted on a no win, no fee basis—I am not sure about that—as I announced a few weeks ago, such cases will become much cheaper for all parties as a result of the changes that we propose to make in the light of Sir Rupert Jackson’s recommendations. Legal aid will still be available in suitable cases concerning human rights. We are not resiling from those areas where the taxpayer needs to finance the small man against the state or the giant administration.