Legal Aid: Social Welfare Law

Lord Bach Excerpts

Monday 7th July 2014 Lords Chamber

Asked by

[Lord Bach]

To ask Her Majesty’s Government, 15 months after the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, what is their assessment of the effect of the Act on the legal advice system in relation to social welfare law in England and Wales.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, we have made hard choices in reforming legal aid. However, we have retained it for the highest priority social welfare cases and we continue to spend an estimated £50 million per year on this area. Although the Act is relatively new, the reduction in legal aid for social welfare matters is broadly in line with expectations. We are monitoring the impact of legal aid reform and will conduct a post-implementation review within five years of implementation.

[Lord Bach (Lab)]

My Lords, I thank the noble Lord for his Answer but he and the Government know that the effect on social welfare law advice has been devastating. In the year 2013-14 alone—this is from the Government’s own figures—there was an 80% fall in the number of social welfare law cases, including a figure of 45% in housing cases. These cuts affect the poorest and most vulnerable, including many disabled people, in our society. Are the Government to some extent ashamed of the removal of access to justice from hundreds of thousands of our fellow citizens, all caused by deliberate coalition government policy?

[Lord Faulks]

The noble Lord mentioned housing. In fact, legal aid remains available for eviction and possession cases, housing disrepairs, where there is a serious risk to health or safety, homelessness assistance and all debt matters which may represent a threat to somebody’s home. As to the cuts in legal aid, they are concentrated on matters where the Government, after careful consideration, have decided that having a lawyer is not always the answer.