Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Neill of Bladen Excerpts

Wednesday 7th March 2012 Lords Chamber

[Lord Ramsbotham]

My Lords, like my noble friend Lord Slim, I have one question to ask the Minister. I know that we discussed impact assessments in our debate on Amendment 6, which was moved and withdrawn by the noble Lord, Lord Bach, but when the Minister responds can he confirm or deny whether those responsible for drafting the Bill and drawing up its impact assessment discussed the impact of this clause with those who were responsible for drawing up the impact assessments on the Welfare Reform Bill and the Health and Social Care Bill?

[Lord Neill of Bladen]

My Lords, perhaps I may add a word to what the noble Lord, Lord Cormack, said. It seemed to me that he put his finger absolutely on the point. We are faced with a decision on whether the rule of law is being complied with in the proceedings on this amendment. It seems to me—and I have heard it from every speaker—that it is an indefensible provision. It is bound to have a terrible effect on a small group of disadvantaged people. They are required to build a case in this difficult area of welfare and social security law. Anyone who has had any personal experience of advising a litigant who is unaided and comes in saying, “Could you please advise me about this problem?”, does not need to look at the problem for more than five minutes before realising the difficulty in finding out what the law is. You have to find out the current state of the statute or the statutory instrument on which you seek to rely, which is quite a difficult area in itself with the rate of amendments that take place. Then there is the current state of case law or the latest court ruling in the relevant area, which could be almost inaccessible nowadays to ordinary people who have to have a lawyer. I am convinced by what I have heard that to segregate a group and say, “Legal aid and advice of any sort will not come to you from any public fund”, is something to which this House ought not, for one moment, lend its support.

[Baroness Shackleton of Belgravia]

My Lords, I speak in support of the amendment in the name of the noble and learned Baroness, Lady Butler-Sloss, as regards delegating to the mediator whether a person should be eligible for legal aid. I speak from my interest as a practising lawyer in this area. By delegating to the mediator, the lawyer cannot possibly be encouraged to take on work which would otherwise not be fit for purpose and it will simply be too late unless someone responsible can take the case on and protect the child in question.