Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Clarke of Nottingham and Elizabeth Truss

Wednesday 29th June 2011 Commons Chamber

[Mr Clarke]

I shall follow your helpful steer, Mr Deputy Speaker, and make progress. I realise that these are important matters, but I could find myself giving way to everyone in the Chamber.

Few of these are easy choices, but they often involve disputes about financial issues rather than life and liberty. It is sensible to give such things as financial disputes a lower relative priority. It is sensible, too, to address areas that the public consider unreasonable. For example, we are cutting out legal aid for squatting. Following representations from the Judges Council, we are ending legal aid for some repeat judicial reviews on immigration and asylum cases that have already had a hearing and where repeated review is being used only to obstruct and delay proceedings.

Across some of these areas, reformed no win, no fee arrangements will be available, but our broader ambition is that people will be encouraged to use alternative, less adversarial means of resolving many of these important problems. For private family law cases, the Government are increasing spending on mediation and legal advice in support of mediation by two thirds, or £10 million, to a total of £25 million a year. Mediation has a high success rate––about 75%––in resolving most of the family disputes that go before it.

We have made no blanket funding exclusions. The Bill establishes an exceptional funding scheme for exceptional cases, administered by a statutory office holder free of ministerial control. That will provide funding for an excluded case where in the particular circumstances the failure to provide support would be likely to result in breach of the individual’s right to legal aid under the Human Rights Act 1998 or European law.

[Elizabeth Truss (South West Norfolk) (Con)]

Will my right hon. and learned Friend give way?

[Mr Clarke]

Let me deal with this important point, because I have heard widespread concern, including from my hon. Friend the Member for Loughborough (Nicky Morgan), about the future of not-for-profit advice centres. I agree that they do important work in providing quality, worthwhile advice of the kind required by very many people who should not need adversarial lawyers. Legal aid represents only one of several income streams for many organisations, with 85% of citizens advice bureaux funding coming from other sources. Half of all bureaux get no legal aid funds at all. This issue needs to be, and has been, considered on a cross-Government, interdepartmental basis. We are working with the sector and across Government to ensure that the Government reforms help to improve the efficiency and effectiveness of the advice services available to the public, and we will provide up to £20 million of additional funding in this financial year to help achieve that. We are also, of course, mindful of the impact of reforms beyond this financial year and will continue to consider the issues arising from that.

[Elizabeth Truss]

Will my right hon. and learned Friend give way?

[Oliver Heald (North East Hertfordshire) (Con)]

Will my right hon. and learned Friend give way?

Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Elizabeth Truss

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

I have already stated that I am not in a position today to say what we can do to support citizens advice bureaux and similar organisations providing advice in the legal field and other areas such as welfare. The Government are actively considering that, and I hope we will be in a position to make an announcement soon. Part of the problem is relevant to my field, but it extends into other areas such as welfare reform. The Government are conscious of the fact that we must do something to fill some of the unavoidable gaps that have been left at present, mainly by local authorities being forced to cut the grants they can give.

[Elizabeth Truss (South West Norfolk) (Con)]

This Government inherited the most expensive criminal justice system per capita in the world. As £100 million is being spent on administering legal aid through the Legal Services Commission, and as there are three different departments of the National Offender Management Service all doing separate kinds of commissioning—not to mention the extremely high cost per prison place—may I suggest that there are many areas where savings can be found without cutting front-line services?

[Mr Clarke]

We are abolishing the Legal Services Commission. One of the most frequent complaints that I get about the system is the sheer bureaucracy, and it has had serious problems in the past. The Under-Secretary, my hon. Friend the Member for Huntingdon (Mr Djanogly), tells me that we will save £8 million a year simply by bringing this in-house, as we are doing, but we intend to save quite a lot more on the administration of the system than that. It is hopeless, given our prime duty of protecting the public, if we waste money in that area and make it one of the most expensive and fast-growing areas of Government expenditure. We hope to make the system effective and targeted, and for it to do what we should be doing, which is protecting the public from crime and giving access to justice to the vulnerable.