Bach Commission: The Right to Justice

Lord Low of Dalston Excerpts

Thursday 14th December 2017 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, I congratulate the noble Lord, Lord Bach, not only on securing the debate but on the excellent report that he has produced with his commission. So far as interests are concerned, the noble and learned Lord, Lord Falconer, reminded me that I, too, gave evidence to the noble Lord’s commission. It is an outstanding report. With its recommendations of a right to justice, a new right to justice Act, a justice commission, a national public legal education and advice strategy and a host of detailed recommendations for kick-starting the process of making the right to justice a reality, the report is both radical and principled. Lawyers tend to get rather a bad rap for the self-serving way in which they hold the public to ransom and tie things up in process, but this report, in showing that lawyers do have a social conscience and that a concern for social justice is at the heart of the law, exemplifies the law at its best.

Noble Lords may recall that I chaired a commission tasked with developing a strategy for advice and legal support on social welfare law in the wake of the cuts introduced by LASPO. We sat between the end of 2012 and 2016 and produced a number of reports which are generously referenced by the Bach commission—that shows that we are very much on the same page. We identified a continuum of provision, including public legal education, informal and formal information and general advice, specialist advice, legal help and legal representation. With cuts of the order of £100 million in legal aid, it seemed clear to us that the advice end of the spectrum would need to take more of the strain. Given this perception, we focused increasingly on what needs to be done to strengthen local advice services. I am delighted that the noble Lord, Lord Bach, laid some stress on this today, and it is to this matter that I wish to devote the rest of my remarks.

In this connection, Bach and Low are very much on the same page. Bach draws attention to a shrinking information and advice sector. Our key recommendation was for a national advice strategy supporting local advice and legal support plans produced by local authorities with the local not-for-profit sector and commercial advice agencies. So it will come as no surprise that I was particularly pleased to see recommendation 25 of the Bach report, which states:

“The government should create a new, ring-fenced fund for advice providers who are able to evidence the effectiveness of their approach to delivering advice to people within their communities”.


A couple of years ago there was interest in something such as this at the top of government and a recognition of the contribution made to society by the advice sector. We had very positive meetings with Oliver Letwin, Michael Gove and the noble Lord, Lord Heseltine.

We were able to show that money is not really the issue: there is no shortage of potential funding streams, either from the Government, the lottery or the Government through the lottery. We estimated that a topslice of just 1% of all these funds would yield the £50 million a year needed to fund the Government’s contribution to the national advice and legal support fund we were proposing. The rest would be for local authorities to match-fund from a range of sources that we identified. What is needed is strategic co-ordination of these funding streams, with provision of advice services as a central strategic aim. We put a paper developing this approach to the Cabinet social justice committee, but I fear that it got lost in the works and the whole thing has simply gone off the boil. I hope that, with the renewed stimulus of the Bach report, the Government may be induced to revive their interest in advice services. They have great strategic importance.

Both Low and Bach stressed the value of early intervention for preventing problems escalating further down the track. There is a great deal of evidence that early legal advice saves the state money. Advice has a triple strategic value. Not only is it valuable for assisting people with their immediate problem, it helps to make them more resilient generally in dealing with life’s challenges across the board. Moreover, helping people to be more resilient reduces the burden on public services and public expenditure further down the line. This is a case which it is in the Government’s own interest to take very seriously. In fact, they cannot really afford to ignore it.