Legal Aid (Women and Families)

Rehman Chishti Excerpts

Tuesday 24th January 2012 Westminster Hall

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

It is a great honour and a privilege to present this debate under your chairmanship, Mr Streeter. Legal aid was first established by the post-war Labour Government under the Legal Aid and Advice Act 1949. It was established to ensure that ordinary members of the public who cannot afford legal fees can obtain legal services when they need them in areas such as family law, mental health, education, immigration and asylum, consumer issues, welfare benefits, employment and criminal defence.

The aim of legal aid is to ensure that individuals are able to defend or to enforce their rights, or to obtain advice on how to tackle the problems they face. As a result, it plays a key role in tackling social exclusion, and in helping individuals to protect their rights against richer and more powerful opponents. Since its creation, it has formed a central plank of the post-war welfare state. It is the arm of the welfare state that keeps the other arms honest and ensures that they are all directed towards the public good.

Legal aid funds private practitioners to provide that service, rather than setting up a legal equivalent of the NHS. As a result, many legal aid practitioners provide support through a comprehensive network of outlets, often run by self-employed individuals in small partnerships, as opposed to the state directly contracting lawyers. But that makes them uniquely vulnerable to major systemic shocks, such as current plans brutally to cut social welfare legal aid.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I am grateful to the hon. Gentleman for giving way and congratulate him on securing this important debate, which I know he cares passionately about. On funding and sustainability, does he accept that our legal system costs more than £2 billion a year and is one of the most expensive in the world and that that is, in current economic and financial circumstances, unsustainable?

[Mr Virendra Sharma]

The hon. Gentleman is a lawyer who has practised in the past. I will respond to his point later.

The Government know that many legal aid practitioners provide support in the way that I have described. That is why the Cabinet Office has taken over this Minister’s mess and is trying to ensure the long-term viability of the advice sector. Legal aid support, particularly early intervention, demonstrates effective value for money for the taxpayer. According to cost-benefit analysis by Citizens Advice, for every £1 of legal expenditure on housing, debt, benefit and employment advice savings are made, although I will not give all the figures, which I am sure are available to hon. Members. As a result, it is clear that the savings made by cutting the legal aid budget will be dwarfed by increased costs elsewhere to the public purse. That is why cuts to advisory services, particularly to welfare advice, are both short-sighted and short-termist.

There is also a human cost. In any given year, legal problems such as divorce, eviction or debt will be experienced by one in every four people, but by one in three people with long-term sickness or disabled people, half of unemployed people and half of lone parents. People with one unresolved problem often accumulate other problems rapidly. If you cannot resolve early-stage problems, more problems will often accumulate and end up in a vicious circle. These cycles can result in people losing their jobs and income, suffering stress-related illnesses and experiencing relationship and/or family breakdown.

[Mr Sharma]

I thank my hon. Friend for her important intervention. I agree with every word that she said. I will come back to this matter and develop it later in my speech.

Such problems are closely related to social exclusion, poor outcomes for children and levels of crime and antisocial behaviour, all of which represent significant costs to public services. Children whose families are experiencing civil and social problems are more likely to become involved in truancy, exclusion, and offending.

For the past 40 years, local law centres have been providing legal advice and support to the most vulnerable and needy in their communities. In the late 1970s and early ’80s I worked as an advice worker in a law centre and have experience in that field. I dealt with communities that suffered due to unemployment and other reasons. Law centres are an essential part of community life and are the first port of call for many people experiencing social and civil legal problems.

Law centres must be protected because of their experience. They have been working for 40 years with local communities, building a relationship with the public, landlords, organisations, local authorities and projects. They have local access; they are well established in communities; they are easily accessible; and they are trusted by communities. The brand power of law centres, like citizens advice bureaux, lies in their having gained public trust and confidence. They provide face-to-face advisory services and build trust and stronger relationships with clients. Services provided by the 52 law centres in England and Wales can be divided into three strands, namely individual casework, education and prevention, and developing policy. All three strands of services provided by law centres and CABs demonstrate the important strategic role played by these organisations in their local communities.

[Rehman Chishti]

On advice centres, does the hon. Gentleman welcome the fact that this Government will spend £4.7 million to fund 44 court-based independent domestic violence advice positions across the country, which clearly shows that they are committed to supporting the most vulnerable in our society?

[Mr Sharma]

I will answer that question later in my speech.

Issues raised in individual casework are often the root causes of problems faced by communities, which places law centres in the unique position of being able to disseminate information to other support bodies and to propose remedies. Research by the New Economics Foundation calculated the contribution of law centres by quantifying the social value such institutions provide and found that for every £1 invested in a law centre, a further £15 of social value is generated.

Family legal work remains the most costly area for the civil legal aid budget. It covers issues of child welfare and protection, as well as divorce, property and relationship breakdown issues. The proposals have retained legal aid for cases where domestic violence or forced marriage is involved and for cases where children’s safety is in danger.

[Mr Sharma]

I agree. As I stated earlier, the impact will be on families in society.

Abundant research has been carried out into the adverse consequences of family breakdown. There is also ample evidence suggesting that job loss, financial difficulties and loss of income can bring about family break-up. Therefore, the provision of advice for other civil law problems, such as employment, housing and debt are important in preventing problems from escalating.

The Government’s proposals would seriously damage access to justice, especially for the most vulnerable in society. The Ministry of Justice impact assessment shows that there will be a disproportionate effect on women. Similarly, the cuts disproportionately impact on black and minority ethnic clients and those with disabilities. As legal aid is targeted to those with low incomes, it will have a disproportionate effect on this section of the community. However, it is likely that those on very low incomes will be particularly negatively affected.

And then there is domestic violence. I direct the Minister to a speech of great power delivered by the noble Baroness Scotland in another place to the Minister, Lord McNally:

“look at the average case, such as when a woman has run from her home. She manages to go to her GP, who sees the injuries and notes them and then sends her to hospital because there are fears that she may have cracked a rib or another bone. She is seen by the medical staff and they verify that the injuries that she complains of are genuine. Her neighbours may have come in to rescue her from an assault. They may not have seen the assault taking place but have noted what was happening and taken her away. Social services may have come along and examined the children, spoken to them and heard what they had to say. All of that might have been used by the police who then came along and arrested the man. He may then acknowledge that he has indeed committed the offences that are alleged against him. Even if all those things had happened, under”

the Government’s current

“provisions the woman would not be entitled to legal aid. That cannot be right.”—[Official Report, House of Lords, 18 January 2012; Vol. 734, c. 595.]

[Rehman Chishti]

Does the hon. Gentleman accept, in relation to the interdepartmental working between the Ministry of Justice and the Home Office, that the Home Office is providing more than £28 million of stable funding until 2015 for specialist local domestic and sexual violence support services and £900,000 to support national domestic violence helplines and the stalking helpline, and that that shows its commitment on this issue?

[Mr Sharma]

Again, the hon. Gentleman makes a very good intervention, but at the same time we need to consider the impact of the reductions and where the resources are going. That is what the debate is about.