Legal aid

Stephen Lloyd Excerpts

Tuesday 14th December 2010 Westminster Hall

[Stephen Lloyd (Eastbourne) (LD)]

I understand and appreciate that there is some merit in the Government’s decision to simplify legal aid and that the costs in recent years have spiralled and become unsustainable, particularly at a time like this. Considering what the hon. Member for Westminster North (Ms Buck) has said, however, I feel that the decision has not really been fully thought through. The impact to local legal services could be devastating. In my constituency, the changes will mean that only two legal firms can continue to provide vital, high-quality family law legal aid services—previously, it was nine. Those two firms will now be taking on the work that nine firms undertook formerly, so the effectiveness and speed with which sensitive family issues are dealt with will be compromised.

We will also lose expertise in what, from my perspective, is one of the most challenging areas of law—that which deals with divorce and child custody. From a legal aid perspective, people from disadvantaged backgrounds will be hardest hit, which will be a challenge in Eastbourne.

I recently met a constituent who was unable to find legal representation in Eastbourne, because, of the two remaining firms that would have been able to offer legal aid, one was representing her ex-husband and the other her son. Due to a possible conflict of interest, she had to look elsewhere, to either Rye or Brighton, which is a round trip in excess of 50 miles. That does not sound very far, but the constituent, whom I know quite well, is disabled and unable to travel by public transport. She would have had to travel by taxi; I do not need to tell anyone here that a taxi fare is not an easily affordable luxury for someone in receipt of disability living allowance.

As well as the threat to legal service provision in my constituency, I am profoundly concerned that the proposals include the removal of funding for large areas of specialist social welfare-related help and guidance. That is often delivered by local community-based charities, such as BHT Eastbourne Advice and the Eastbourne citizens advice bureau in my constituency. They complement that specialist help and guidance with a more general advice service provided by volunteers. There are such crucial service providers in every constituency. In Eastbourne, those charities risk losing in the region of £230,000 to £250,000 per annum of legal aid funding.

[Mr Wayne David (Caerphilly) (Lab)]

I hear the hon. Gentleman’s sympathetic comments, but what would he say to my constituents in the Bargoed area of the Rhymney valley, 375 of whom claim legal aid for welfare benefit issues and 450 of whom stand to lose access to legal aid for debt issues?

[Stephen Lloyd]

I thank the hon. Gentleman for that intervention. Although the overall legal aid budget has spiralled out of control, I have real concerns about the Government’s proposals—they are based on the previous Government’s proposals, which is one of the ironies—for changing legal aid. I do have concerns, which I why I am here this morning.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

The hon. Gentleman is making a powerful case, and I agree with some of his points, but does he acknowledge that the previous Government reduced the cost of civil legal aid by 24% over 10 years? We have to disaggregate the civil and criminal cases and concentrate on where the Government’s cuts are having an effect—on the most vulnerable in our society.

--- Later in debate ---

[Stephen Lloyd]

I thank the hon. Lady for that intervention. That is a fair comment, and I certainly will not dispute the facts of what she says.

I was talking about the upwards of £250,000 that the two charities in Eastbourne stand to lose. They use that funding to support more than 1,500 of the town’s most vulnerable residents with complex debt, benefit and housing problems, many of which have been alluded to. I and many others believe that the social welfare help that the Government plan to reduce is very much preventive and enabling; it is focused not on generating unnecessary litigation, but on preventing crises by solving complex problems at an early stage.

[Kate Green]

Does the hon. Gentleman not also accept that people face clusters of problems? Even if people can still access some legal help, removing some categories of legal help altogether will inevitably mean that there will be areas of difficulty where people can no longer get the help that they need.

[Stephen Lloyd]

That is a fair point, and I look forward to hearing exactly how the Minister will respond.

I recognise that these are difficult economic times and that the Ministry of Justice faces incredibly difficult budgetary decisions. However, I am concerned that without a clear alternative for resourcing and supporting preventive advice in particular, the proposals will increase the demands not only on the crisis-related legal advice services that remain, but on other public services.

As I indicated, legal aid cuts have a particular impact on housing. Over the past few years, legal aid has funded BHT Eastbourne Advice’s handling of 800 to 900 specialist housing cases per year. That was reduced to 530 cases per year for the most recent three-year forward contract, which commenced on 15 November.

It is estimated that the current proposals could reduce housing advice capacity by 20%, which will have a very detrimental impact on advice provision in my constituency and many other towns, at a time when such advice will be in high demand following the implementation of the housing benefit reforms. I agree that those reforms are necessary, but they will have a knock-on effect.

Advice is effective in preventing homelessness, especially if it is given early. The proposals to limit legal aid to those in imminent threat of repossession flies in the face of all the evidence that early intervention and prevention create long-term savings, as well as averting hardship for constituents.

I urge the Minister to revisit this issue to see whether the remaining funds can be targeted differently to ensure that legal aid—particularly for civil and family law cases—is more extensively protected.