Access to Justice: Wales

Debate between Shailesh Vara and Susan Elan Jones

Tuesday 15th December 2015 Westminster Hall

[Mr Vara]

If the hon. Gentleman will forgive me, I will not, but I will address his point. He rightly said earlier that there will be some cases where digitalisation is clearly not appropriate; that is why we will maintain courts. Nevertheless, for many cases, court will not be necessary. The majesty of the court will remain for appropriate cases that deserve to go to court, but it is important to remember that access to justice does not always mean access to a court, with all the time and expense that that entails. Nor does it mean that people should always turn to taxpayer-funded lawyers. Where suitable alternatives are available, we want to see more cases diverted from the courts.

There is no doubt that in many cases court should be the last resort, not the first. Encouraging greater use of mediation has been a key part of our wider reforms to the justice system. Mediation can be quicker, cheaper and certainly less stressful than protracted litigation. For the taxpayer, who would otherwise be paying solicitors, barristers and for time in court, there will be a saving. For the parties involved, it is far better to sit around a table and have constructive engagement than to be in a court scenario, where there is often—I speak as a former solicitor—a destructive environment, rather than one of constructive engagement.

[Susan Elan Jones]

There might be some validity in that, but how does the Minister square it with the rise of litigants in person? We may well see the well-heeled being able to get the best legal advice in the world, while those on the other side of the dock have to represent themselves in person. Surely that is not fair.

[Mr Vara]

I plead with the hon. Lady to be patient; I will turn to litigants in person shortly.

From April last year, the Children and Families Act 2014 made it a legal requirement that anyone considering applying to court for an order about their children or finances should first attend a mediation information and assessment meeting, which we call a MIAM, unless exemptions such as domestic abuse apply. The requirement was introduced so that parties could consider the benefits of mediation before the start of court proceedings, which can be long, arduous and expensive. From November last year, we have funded the first single session of mediation in cases where one of the parties is already legally aided. In such circumstances, both parties will be funded for the MIAM and the first session of mediation.

I hope Members appreciate that legal aid is only one part of a balanced access-to-justice provision, although of course we recognise that in some cases it can be a vital part. We also recognise that those in greatest hardship at times of real need should have the resources to secure access to justice. When the programme to reform legal aid commenced in 2010, the scale of the financial challenge facing the Government was unprecedented. We had to find significant savings, which meant making difficult choices. Despite that, we have made sure that legal aid remains available when it is most needed: where people’s life or liberty is at stake; where they face the loss of their home; in cases of domestic violence; or where their children may be taken into care.

In the case of domestic violence, evidence is required to ensure that the correct cases attract funding, but we have listened and made changes to the amount of evidence required. One of the first things I did when I was appointed Minister in October 2013 was meet certain stakeholders, who told me that the conditions were too stringent. As a consequence, I made the appropriate changes. We will, of course, continue to listen and to make changes where necessary.

The fact remains that even after all the reforms, our legal aid system remains one of the most generous in the world. Last year we spent more than £1.6 billion on legal aid, which is around a quarter of the Department’s expenditure. We have also made sure that funding is available through the exceptional funding scheme, where that is required under the European convention on human rights or by European law. We believe that the reforms to the legal aid scheme are sustainable, but we have provided that there will be a review within three to five years of the implementation of part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

As far as the Welsh language is concerned, let me make it absolutely clear that Welsh-speaking users can call the Civil Legal Advice Welsh-language operator service, or request an immediate call back from a Welsh-speaking operator. The bilingual site architecture has been designed to ensure that the same service is available in the Welsh language as in English, and that the content can be easily kept up to date. We continue to work with the advice sector to develop sustainable and collaborative ways of working to ensure that people can obtain advice when they need it.

On litigants in person, we have provided £2 million for a strategy led by the advice, voluntary and pro bono sector. It maximises the provision of support to litigants in person, and there is an increase in the provision of face-to-face, phone and online support.

In the few moments I have left, let me address a few of the points raised. The hon. Member for Swansea East said that there has been a reduction in the number of criminal contracts, but there is a far higher number of contracts for own-client work, which means that people can continue to work for the clients that they already have. The right hon. Member for Delyn (Mr Hanson), who has a distinguished record in government, asked about the criminal court charge. He will know from his time in government that laws change. Until 24 December—the date that the Lord Chancellor gave—the law will apply. I have already touched on the issue of telephone access, but I emphasise that the digitalisation process that we envisage will clearly not apply to all cases. The physical presence of courts, which people will need to go to when appropriate, will always remain.

I congratulate the hon. Member for Swansea East on securing this debate, and I thank all Members for taking the trouble to attend. I hope I have been able to give some comfort to Members, and assure them that we are very keen to ensure that access to justice remains.

Question put and agreed to.

Resolved,

That this House has considered access to justice in Wales.

Oral Answers to Questions

Debate between Shailesh Vara and Susan Elan Jones

Tuesday 3rd November 2015 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

12. What assessment he has made of trends in the number of litigants in person since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

It has long been the case that some people represent themselves in courts. The proportion of individuals with legal representation has remained broadly stable in recent years, except in private family law cases where we have seen an increase in cases in which neither party has had representation. This year, we are investing in a new strategy designed to provide more support to litigants in person. Judges, magistrates and legal advisers are well equipped to support litigants in person through the court process.

--- Later in debate ---

[Mr Vara]

I remind the hon. Gentleman that we have had to take very tough decisions, which his colleagues would have continued had they been in government. The Government have invested £2 million to ensure greater support for litigants in person.

[Susan Elan Jones]

The Secretary of State and other Ministers will be aware of the concerns raised by the Justice Committee, the National Audit Office and others regarding litigants self-representing. Will the Department bring forward, from 2017, the planned review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012? It is sorely needed.

[Mr Vara]

We have said before that the LASPO Act will be reviewed within three to five years of its implementation. Let us be absolutely clear: we still have, notwithstanding the reductions, one of the largest budgets for legal aid expenditure in the world.