Legal Aid Reform

Debate between Tom Brake and Helen Grant

Thursday 3rd February 2011 Commons Chamber

[Tom Brake]

My hon. Friend makes a strong point, and I hope that Ministers will listen to such points in the debate and during the wider consultation.

In family law, people are rightly encouraged to pursue mediation in cases that are currently supported through legal aid. During the meeting, the point was made to me that Government bodies and associated organisations are often unwilling to pursue a route that involves mediation. Government Departments and associated bodies will be required to show a willingness to engage in mediation, if that is now the direction the Government are moving in.

I have already made a couple of points about telephone advice, but there are also concerns about whether any local knowledge will be embedded in any telephone advisory service, and about conflicts of interest that might arise as a result of that, particularly if there are a limited number of suppliers to whom a case can be referred.

During the meeting, CAB representatives expressed the concern that they would now be in the position of having to take up very personal cases, and therefore be very much in the front line rather than acting as an independent body, so they might end up having to represent a particular individual against the other party in the case. They are worried about how that would impact on their independence. They are also worried that a lot of court time would be lost, particularly if more people ended up representing themselves. There is a good job to be done in making that process clearer and simpler, so that if more people do represent themselves there is less risk that they fail to turn up with the right papers or on time.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

The hon. Gentleman says these changes rely on people being able to help themselves, but what about people with learning difficulties or mental health problems, or people who cannot speak English very well, and what about people who are too frightened to face their opponent?

[Tom Brake]

I thank the hon. Lady for that intervention. The Minister has heard those concerns, and I hope he will seek to address them.

The chair of my local CAB has highlighted the fact that the financial inclusion fund will close at the end of March. I understand that transitional funding proposals are being looked at, and perhaps the Minister can respond on that point.

The Equal Rights Trust raised with me the issue of stateless people, who will now be unable to claim legal aid unless they apply for asylum. Some unexpected consequences may flow from that. I hope the Minister will respond to that point at the end of the debate.

This is clearly a very difficult issue for the Government, and I know the Minister will do everything he can to address it effectively. We do not like being in the position we are in, but we have to address this issue now.