Legal Aid: Family Courts

Lord Howarth of Newport Excerpts

Monday 13th December 2010 Lords Chamber

[Lord McNally]

My Lords, it is difficult to assess the full impact at the moment, but it is certainly true that, in many of the firms that have been dealing with family law, ethnic minorities are better represented. However, I think that it is too early to say that the impact to which my noble friend has referred will come about.

[Lord Howarth of Newport]

My Lords, does the Minister agree that a large majority of our fellow citizens would be willing to pay whatever taxes are required to ensure that everyone in this country, through legal aid, is equal under the law and has equal entitlement to access to justice before the courts? Should not that be a bedrock principle of a liberal society?

[Lord McNally]

My Lords, one of the Government’s proposals, which I think has some merit, is to attempt to move away from a culture in which the taxpayer pays for litigation, particularly in family disputes. Many studies have shown that the litigation route to settling family disputes exacerbates the dispute and causes lasting harm to all sides of the family, particularly the children.