Legal Aid

Debate between Lord Low of Dalston and Lord Faulks

Thursday 4th December 2014 Lords Chamber

[Lord Faulks]

I am not in a position to comment on the individual case but, in a number of cases, as the noble Lord will know, the legal aid scope remains. In cases of abuse, for example, it was retained. After careful scrutiny of the provisions by this House among others, we have tried to ensure that in all sorts of cases where it is most necessary there will still be legal aid.

[Lord Low of Dalston (CB)]

My Lords—

--- Later in debate ---

[Lord Low of Dalston]

My Lords, will the Government give serious consideration to making provision for the continuation of the advice services transition fund when it comes to an end next summer? That would surely be a way to ensure cost-effective provision of a basic legal advice service and, if it is to be maintained when the fund comes to an end next summer, provision will need to be made before the election.

[Lord Faulks]

The noble Lord has frequently, before this House and elsewhere, helpfully advanced suggestions for providing legal assistance other than through legal aid. The Government are grateful for those suggestions and they continue to consider the report that he provided.

Criminal Justice and Courts Bill

Debate between Lord Low of Dalston and Lord Faulks

Wednesday 23rd July 2014 Lords Chamber

[Lord Faulks]

No, I am saying that I do not think that a statutory duty is the answer.

[Lord Low of Dalston]

My Lords, I am grateful to all those who have spoken in this debate. It bears out my contention that there is concern about this issue across the House. Indeed, that concern is shared by the Government. Like the Minister, I would hope that we are not yet at the end of this discussion and that discussions and work can continue with a view to finding a solution around which we can all unite. We have a bit of time because of the Recess and we will not be coming back to this until Report in the autumn. In particular, I would like to thank the Minister for his meticulous reply, to which I have listened carefully. There are obviously a number of issues that need to be addressed. There was the question that the amendment related purely to after sentence. We put that in because we were concerned about issues of this kind contaminating the sentencing process. However, if the noble Lord feels that that is not an issue, that can certainly be revisited. The noble Lord, Lord Ponsonby, made some useful points about the inadequacy, perhaps, of a telephone call and that in some respects it is important that whatever process we put in place should go further than this amendment. I very much welcome having further discussions with the noble Lord, Lord Ponsonby, about that and seeing whether there are ways in which we can take account of the concerns that he raised.

The most important points came from the Minister about the inappropriateness of trying to achieve what we want to achieve through a practice direction. We thought that, in that way, we were seeking to put in place a more light-touch process than creating a statutory duty, but if that is not appropriate, we can certainly revisit that and avoid trying to do things by statutory practice direction—trying to effect practice directions by referring to them in the amendment.

I would make this point, to which I think the noble Lord, Lord Kennedy, also referred. The Minister indicates that we should work through a range of pragmatic steps that can be taken by a variety of bodies and that they might be collected together in guidance, but there is evidence that guidance is not working. There is guidance around but there is still a problem. I continue to feel that there is a need for whatever we put in place to have a statutory basis. Therefore, I would like to continue discussions with the Minister to see whether we can get a statutory basis with which he is happier and which would give what we are all trying to achieve a bit more teeth than the guidance, which is not working, would appear to have. With those remarks and, in the hope that we can do more work over the summer and come back with an agreed result in the autumn, I beg leave to withdraw the amendment.

Legal Aid: Social Welfare Law

Debate between Lord Low of Dalston and Lord Faulks

Monday 7th July 2014 Lords Chamber

[Lord Faulks]

My Lords, that is a little way from social welfare law. Of course we need lawyers to represent those in every section of society in all sorts of fields. The fact remains that there is less for lawyers to do and inevitably there will be fewer lawyers to do it. It is important that the profession maintains high standards but I do not think that I can comment on numbers in particular chambers.

[Lord Low of Dalston (CB)]

My Lords, getting back to social welfare law, the Minister will be aware of the report of the commission, which I had the honour to chair, on the future of advice and legal support on social welfare law. One of the chief recommendations of that report was that the Government should develop a national strategy for advice and legal support in England and that there should be a Minister for advice and legal support within the MoJ with a cross-departmental brief to lead the development of such a strategy. Will the Government give serious consideration to the early implementation of that recommendation?

[Lord Faulks]

I am indeed aware of the noble Lord’s commission and its report on the future of advice and legal support on social welfare law. Indeed, I answered a debate on the subject on 25 February this year. As I told the House, we keep the position under review and are keen that there should be effective mechanisms to help individuals. However, it was made clear in the Cabinet Office review of the not-for-profit social welfare advice sector that while the Government accept the role they have in supporting the sector there is a need for the sector to adapt to the new funding realities. Indeed, that was very much acknowledged in the noble Lord’s report and during the course of contributions made in that debate.