Legal Aid: Post-Implementation Review

Oliver Heald Excerpts

Thursday 7th February 2019 Commons Chamber

[Mr Gauke]

I hope it will be helpful to the House if I put this debate in a little context. A significant rise in the cost of legal aid took place over a number of years, a point recognised by the last Labour Government. If the hon. Gentleman wishes me to, I could give him a long list of quotations from Labour Ministers raising their concerns about the increase in the cost of legal aid. That is why Labour’s 2010 manifesto contained a commitment to cut the costs of legal aid, and I suspect it is the reason why in both 2015 and 2017 Labour gave no commitment to reverse those cuts. Therefore, there has been a consensus that we cannot return to what happened in the past. What is important is that we find a way in which limited resources are directed in the most effective and proportionate way, and that is what this review has been about.

The hon. Gentleman raises the issue of early intervention. The conclusion from our research is that the empirical evidence is not necessarily clear that early intervention will make savings, but there is a strong case for wanting to explore this further. That is why we are proceeding with pilots in the area of social welfare. It may be in the context of housing that we should look to proceed in this area to see whether there is a case that early intervention can make savings and we can build that case. That is precisely what I want to do.

There will continue to be areas of disagreement with the hon. Gentleman. I am sorry that he has not been more welcoming of what has been put before the House, because this is a constructive attempt to address this issue, in an environment where there are not unlimited resources. I point the House to the comments made by the Law Society this morning about how there is much to be welcomed in what we have announced.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I welcome the action plan. Particularly on the civil side, the Government seem to be improving the situation for those who need help. I welcome the extra help for litigants in person and the further reviews that are to take place. A lot of money was taken out of legal aid and it is right to see a building back, which is certainly happening on the civil side, with further reviews to come.

I note there is to be an evaluation of criminal practitioners and the way forward. Does my right hon. Friend agree that it is important to our justice system to have a good pipeline of talented criminal lawyers? That is one of the strengths of our system and the fact we have that is widely admired around the world. In the evaluation, will he look to see that there is an adequacy of income for people as they come through the pipeline, so that we can continue to have the high-quality criminal lawyers we have in this country?

[Mr Gauke]

My right hon. and learned Friend raises an important point. It is important that we have a strong and vibrant criminal Bar and I want to do everything I can to support that. I make it clear that it is important that we have a vibrant situation for solicitors as well. He will be aware that last year we announced changes to the advocates’ graduated fees scheme. I hope we have a constructive relationship with the criminal Bar, and we have been able to take steps and prioritise this area. We are also undertaking the review, which we anticipate will report in mid-2020.