Bach Commission: The Right to Justice

Lord Thomas of Cwmgiedd Excerpts

Thursday 14th December 2017 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

I too welcome and commend the report of the noble Lord, Lord Bach, and his commission, and in particular the detailed appendices produced by Sir Henry Brooke, which will well repay detailed analysis by Her Majesty’s Government. However, I must declare an interest in doing so as I am chairing a commission on justice in Wales, where one sees typical examples of social deprivation in industrial and agricultural societies, and serious problems with legal aid. I therefore warmly welcome the report and the ideas contained in it.

It is only fair, as the commission itself acknowledges, to acknowledge what the Government have done in their investment in digital technology. There is no doubt at all that we need continued and strong investment because artificial intelligence and the proper use of digitalisation in the courts can make an enormous difference. Sir Henry has seen this at first hand. It is also important to acknowledge that that investment must go forward because without it, I do not see how the finances will permit the investment in legal aid and advice that is absolutely essential. I therefore very much hope that the Government will bring forward the Bill on the courts, which was lost at the last election. The Bill is vital, and it is very disappointing that it has been delayed so long.

I wanted to acknowledge that contribution before saying that it is obvious what effects, which many have not made clear, the cuts on legal aid have had—not only on the disadvantage of which the noble Lord, Lord Low, has spoken but in the effect on the courts in the longer time that cases take. As my noble and learned friend Lord Phillips said, there is a huge recourse to judges becoming those expert in an inquisitorial rather than adversarial system. There are also the delays that have occurred right across the court system, up to the Court of Appeal. There is a serious problem that has to be grappled with.

The commission itself is a good idea but I agree with the noble Lord, Lord Faulks, that there is a political issue behind this because judges cannot become involved in the financing of the court system. It is very important that we address that fundamental problem. As was apparent from the questions this morning in the debate on issues relating to the probation service and the huge overcrowding of our prisons, justice has an integral budget. Certainly in the time that I was a judge and responsible for aspects of the administration of justice, financial pressures in another part of the justice Ministry always had a serious effect on other parts. I respectfully urge that we address the whole question of financing the justice system. How much should litigants pay and how much should the state pay? That question goes right across it and cannot be left to judges. Subject to that political issue being resolved where it should be, which is in this House, I warmly commend the proposals made. I very much hope that they can be taken forward and that we can have a proper integrated look at the whole of the justice system.