Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid

Lord Bach Excerpts

Tuesday 21st June 2011 Lords Chamber

[Lord Bach]

My Lords, I thank the Minister for repeating the Statement and for advance sight of it.

Our justice policy should, of course, be about protecting the public, punishing and reforming offenders, being on the side of the victim and bringing crime down. That underpinned our record in government and led to a 43 per cent fall in crime, reductions in reoffending and serious improvements in youth offending rates. Some crisis. However, this Government demonstrate that that is not what matters in their approach to crime and justice; what matters is cutting costs, despite the impact that could have, and is likely to have, on our communities.

We think the Government are right to have seen sense and taken heed of opposition to cost-driven proposals to reduce sentences by 50 per cent on early guilty pleas. A powerful coalition of the judiciary, justice groups, the Sentencing Council and victims groups rightly questioned the motivation and effectiveness of that policy. However, let us be clear, the policy had been agreed by Cabinet and it is no good No. 10 now distancing itself from it.

Perhaps the Minister can answer the following questions. First, can he outline why the Prime Minister ditched this proposal when the Government were so wedded to it a matter of weeks ago? Secondly, why was a decision taken to change the name of the Bill from the “Legal Aid and Sentencing Bill”, as it was called until late last night, to the Legal Aid, Sentencing and Punishment of Offenders Bill? What do the Government hope to achieve by tinkering with the words?

We know from the impact assessment provided with the Green Paper that removing the option of remanding offenders in custody for certain cases would save £30 million and 1,300 prison places. Does this proposal still remain and in what form?

On IPPs, how will the Government ensure the safety of our communities when considering which offenders ought to be released? Once again, the impact assessment tells us that the financial savings in doing this will be sizeable. Obviously the focus is on saving money. Today we learn that the noble Lord is to undertake an urgent review of IPPs with a view to replacing them. When there has already been over the past 13 months a Green Paper and a consultation, why is there a need for another review?

How does the noble Lord reconcile losing thousands of experienced front-line prisons and probation staff with the Government’s obvious desire to see, first, an increased number of offenders diverted into specialist drug, alcohol and mental health facilities and, secondly, more prisoners working, who will clearly need more supervision? How do those policies fit together? At this morning’s press conference, the Prime Minister said savings that would have been made by the 50 per cent proposals will be found elsewhere in the Ministry of Justice budget. Can I ask the Minister to explain to the House exactly where these savings will be found and when?

The proposals on legal aid that were mooted in the Green Paper have been heavily criticised across the board. There is room for legal aid cuts—we have certainly put up alternative proposals, as have the Law Society and others—but they are being criticised because of the attack on social welfare law. Does the Minister agree that these proposals, if implemented in legislation, will decimate social welfare law, making it impossible for the most vulnerable to get legal help for legal problems, including those relating to welfare benefits, debt, employment and all but the most extreme of housing cases? Does he agree that evidence shows that exactly this type of legal help that is now given through legal aid, when given early, can and does often solve the problems involved and thus save the state money when things otherwise descend downhill? Does he agree with NACAB, which says that a pound spent on welfare benefits advice saves £8.80 in future spending; that every pound spent on housing advice saves £2.34; and that every bit of debt advice saves £2.98? How can this policy possibly save public money?

More importantly than even the financial side, how does the noble Lord argue that the removal of access to justice—because that is what it is—from some of our most vulnerable fellow citizens is justified? How will these people be able to receive legal advice, who will it come from and how will their legal problems be resolved? They are effectively excluded from access to justice by deliberate government action. Why is that? The amount of money saved overall will be less than nothing. Many CABs, law centres and high street practices, which do a fantastic job—for comparatively little reward compared to other fields of law—looking after the poor and marginalised will have to close. Lord Bingham wrote in his book The Rule of Law last year that the,

“denial of legal protection to the poor litigant who cannot afford to pay is one enemy of the rule of law”.

Yet this is exactly what the Government intend to do.

This House has always seen one of its roles as to look after the vulnerable and marginalised in our society. When this Bill comes from another place, I am sure this House will continue to do its duty as far as that is concerned. These proposals are not only financially illiterate but—and I choose my words carefully—morally outrageous. I wonder how the noble Lord, with his great tradition as a liberal and a man who is a great supporter of social justice, can give his support to these proposals.