Bach Commission: The Right to Justice

Lord Wigley Excerpts

Thursday 14th December 2017 Lords Chamber

[Lord Wigley (PC)]

My Lords, I am hesitant to intervene in this debate with so many noble Lords distinguished in legal matters participating. However, I am glad to have the opportunity to contribute as the LASPO Bill was the first for me to address when I re-entered Parliament in this Chamber in 2011. I join others in warmly welcoming the work of the noble Lord, Lord Bach, and his colleagues. I hope that the recommendations of this report will be adopted by the Government when their own review has been concluded.

I shall refer briefly to our experience in Wales following the application of the 2012 Act. Wales has seen the largest decline in legal aid providers over the past five years—a decrease of 29%. Of course, Wales is not the only area hard hit; there have been decreases of 28% in south-west England and 27% in north-west England. Legal aid in the housing sector has been particularly hard hit as the rates paid for housing legal aid, set by the Government, are particularly low and so there is no incentive for providers.

When the UK Government held a consultation on legal aid in 2011 before implementing the cuts, my colleague, Elfyn Llwyd MP, who has now returned to his legal work, in his evidence warned that the cuts would hit the most vulnerable in our society—in particular children caught up in divorce cases—and would lead to overreliance on advice agencies and an increase in self-representation in courts. That is exactly what has happened, as the noble Lord, Lord Bach, emphasised earlier.

The Law Society published evidence in June indicating that many people are now facing court, unrepresented, in cases where lawyers would have resolved the issues without involving the court through mediation and negotiation. On the occasions of his recent retirement, one of the most senior Family Court judges, Mr Justice Bodey, told colleagues how more and more people were having to represent themselves at hearings and how he had at first hand felt their frustration. Sometimes he had to act as their counsel and to ask questions on their behalf. He added:

“I find it shaming that in this country, with its fine record of justice and fairness, that I should be presiding over such cases”.


In its evidence to the Justice Select Committee in October, the Ministry of Justice published figures which revealed that legal aid cuts had triggered a 99% collapse in the numbers receiving state help in welfare cases. Just 440 claimants were given assistance in the last financial year, down from 83,000 in 2012-13. This is particularly punitive for disabled people, about whom I am most concerned. The Bar Council has commented:

“This is not to say that the resources allocated to justice should be limitless. But it does mean that justice should be properly resourced to avoid a denial of justice”.


As was stated in another place by Elfyn Llwyd’s successor, Liz Saville Roberts MP, this is an, “appalling indictment of how this Government has denied access to justice to the poorest people in society. Denial of legal advice is a denial of justice”. These cuts also impact on people facing vexatious court claims brought against them by the victims of abuse. Liz Saville Roberts currently has a Private Member’s Bill in the other place addressing this serious issue.

The interim Bach report identified six key areas of concern with the current system for accessing justice—concern that we should note:

“Fewer people can access financial support for a legal case … Exceptional case funding has failed to deliver for those in need … Public legal education and legal advice are inadequate and disjointed … High court and tribunal fees are preventing people pursuing legal claims … Bureaucracy in the Legal Aid Agency is costly and time-consuming … Out of date technologies keep the justice system wedded to the past”.


The coalition Government had originally estimated that the new Act would lead to savings of £450 million a year, but in 2016 legal aid spending was £950 million less than in 2010, indicating that the cuts have been far too brutal. The Bach commission estimated that the cost of the proposals in its report would initially total less than this underspend, at an estimated cost of £400 million per year.

The recommendations set out in the final report include—I believe that it is right to stress this—

“a new Right to Justice Act. This Act will … Codify our existing rights to justice and establish a new right for individuals to receive reasonable legal assistance without costs they cannot afford … Legal aid eligibility rules must be reformed, so that the people currently unable either to access legal aid or to pay for private legal help can exercise their right to justice … The scope of civil legal aid, which has been radically reduced, must be reviewed and extended … The operation of the legal aid system needs reform … Public legal capability must be improved”.

I hope very much that the Government will give serious thought to these constructive recommendations and that they will take the necessary steps to reverse the adverse effects of the 2012 Act.